First of all, I’d like to thank everyone for your contributions to Rebecca’s Give Send Go- Justice for Danielle Legal Fund. As of the time of writing, Rebecca has raised $4,150 of her goal of $300,000. I have an important announcement to share. On Friday April 19, the 44 Defendants sued for the malpractice resulting in the death of Danielle Alvarez were served a summons by a professional process server informing the Defendants that they were being sued by Rebecca Charles.
If this had been a Family Trust instead of a personal trust, with the ability for funds to go to you, your husband, and your extended family, would that make a difference? Family Trusts have been used for decades in order to protect post-humus assets from Medicare.
Thank you, Charles, for taking the time to write this article. You have been one of my most steadfast supporters in seeking justice for Danielle from the very start.
As time is of the essence, they have 20 days to respond to the complaint. I am fervently praying that the right individual or group will step forward to assist me.
Father God, please send Rebecca lawyer chosen from your own hands! Lead and guide someone to defend the tragic death of Danielle so that it can serve to show others how hospitals, doctors, and nurses have been killing people. Lead and guide somebody to Rebecca, and comfort her with Your light and love each day. In Jesus' name. Amen.
Thanks for the reminder that Special Needs Trust beneficiaries, after the death of the person for whom they are written, can count on being last in line after Medicare/Medicaid take whatever they claim. Now I ponder how to fund my child's SNT.
You can't override CMS law/regulations by wording in your SNT. There are a lot of conditions that apply to SNT that are settled law. PLUS, they don't only come after funds for the last hospital stay. Many folks in institutions specifically, cannot avoid going to the hospital because the institution has to send them there when their vital signs are failing. Before the family, if they are lucky enough to have some family close by, can even respond.
Good if your family does not include anyone receiving disability payments. Disability payments come with restrictions on asset ownership, that's why SNTs can be used for specific types of expenses.
Great article that shows not only the wicked hand of a murderous hospital but the swift-acting Medicare greedy hand that couldn't help but help itself!
What about suing the law office that created this Trust? And Rebecca absolutely needs a "torts and contracts" lawyer to help reverse the State lien on the trust.
And I am sure sorry that the mire seems so thick. Herein lies the trap of Medicare: your medical care is "free" until you die. And then Medicare can take your assets (bank accounts, house) to pay themselves back!
It appears that lawyers are officers of the court and not on our side. We are encouraged to trust them on the grounds that they are our allies. However, as evidenced by the documents, this was not the case. From the outset, they made no arrangements to compensate for my suffering. It seems as though having Medicaid made you an undesirable patient. Northwell Health Hospital chose to bill Danielle's private insurance instead of Medicaid because it offered higher payment.
Our medical and legal systems are marred by injustice, a situation that demands change. Only through our collective efforts can we bring about the necessary transformation.
Spot on. Lawyers are not our friends; they serve the court. It seems that they should have first added a suit for your pain and suffering and emotional loss of Danielle's life.
Medicaid may pay healthcare bills better than private insurance, and I believe federal law requires private insurance to be the first billed before either Medicaid or Medicare.
Didn't the private insurance pay all the bill? One would think it was in the millions and private insurance would have sent a bill showing everything that was paid for and any outstanding balance. To look at everything again, especially the murderous drigs, would be unbearable and unbelievable ~ I am sure sorry for the pain.
It must be so awful to look at all this under a microscope, I am so sorry to ask questions. Please know how much you are helping everyone, especially those who have a Special Needs child or a Family Trust. This is a big eye-opener.
How can Medicaid just take Danielle's SVT $$$$$ if the bill is already paid by her PPO? It's so confusing! Did Medicaid give it back to the PPO! They cannot double bill?!
They are taking it for services, Danielle received after Danielle was damaged at birth in the hospital. They have not sent an itemized bill, but placed a lien on the total amount of the trust.
I don't think it was the lawyers fault that the Medicare/Medicaid complex can now go after her assets after death. This happened to my sister who died with nothing to her name after paying for her minimal burial expenses. We filed a negligence demand with the skilled care facility - they paid a few thousand dollars. The lawyer took 30% and Medicare took 20% right off the top. I had no idea Medicare could reach into ANY resources after death!
If this had been a Family Trust instead of a personal trust, with the ability for funds to go to you, your husband, and your extended family, would that make a difference? Family Trusts have been used for decades in order to protect post-humus assets from Medicare.
Thank you, Charles, for taking the time to write this article. You have been one of my most steadfast supporters in seeking justice for Danielle from the very start.
As time is of the essence, they have 20 days to respond to the complaint. I am fervently praying that the right individual or group will step forward to assist me.
Father God, please send Rebecca lawyer chosen from your own hands! Lead and guide someone to defend the tragic death of Danielle so that it can serve to show others how hospitals, doctors, and nurses have been killing people. Lead and guide somebody to Rebecca, and comfort her with Your light and love each day. In Jesus' name. Amen.
Thanks for the reminder that Special Needs Trust beneficiaries, after the death of the person for whom they are written, can count on being last in line after Medicare/Medicaid take whatever they claim. Now I ponder how to fund my child's SNT.
Perhaps there could be a clause saying it is not to be used to pay Medicare bills?
We need to die at home and not in any hospital.
You can't override CMS law/regulations by wording in your SNT. There are a lot of conditions that apply to SNT that are settled law. PLUS, they don't only come after funds for the last hospital stay. Many folks in institutions specifically, cannot avoid going to the hospital because the institution has to send them there when their vital signs are failing. Before the family, if they are lucky enough to have some family close by, can even respond.
My daughter had Cigna PPO, the hospital billed it first, because it pays more the medicaid.
I am bot seeing any benefit to the SNT ~ seems much better to do a Family Trust.
Good if your family does not include anyone receiving disability payments. Disability payments come with restrictions on asset ownership, that's why SNTs can be used for specific types of expenses.
Great article that shows not only the wicked hand of a murderous hospital but the swift-acting Medicare greedy hand that couldn't help but help itself!
What about suing the law office that created this Trust? And Rebecca absolutely needs a "torts and contracts" lawyer to help reverse the State lien on the trust.
And I am sure sorry that the mire seems so thick. Herein lies the trap of Medicare: your medical care is "free" until you die. And then Medicare can take your assets (bank accounts, house) to pay themselves back!
It appears that lawyers are officers of the court and not on our side. We are encouraged to trust them on the grounds that they are our allies. However, as evidenced by the documents, this was not the case. From the outset, they made no arrangements to compensate for my suffering. It seems as though having Medicaid made you an undesirable patient. Northwell Health Hospital chose to bill Danielle's private insurance instead of Medicaid because it offered higher payment.
Our medical and legal systems are marred by injustice, a situation that demands change. Only through our collective efforts can we bring about the necessary transformation.
Spot on. Lawyers are not our friends; they serve the court. It seems that they should have first added a suit for your pain and suffering and emotional loss of Danielle's life.
Medicaid may pay healthcare bills better than private insurance, and I believe federal law requires private insurance to be the first billed before either Medicaid or Medicare.
Didn't the private insurance pay all the bill? One would think it was in the millions and private insurance would have sent a bill showing everything that was paid for and any outstanding balance. To look at everything again, especially the murderous drigs, would be unbearable and unbelievable ~ I am sure sorry for the pain.
It must be so awful to look at all this under a microscope, I am so sorry to ask questions. Please know how much you are helping everyone, especially those who have a Special Needs child or a Family Trust. This is a big eye-opener.
Cigna PPO paid for the hospital to kill my daughter. Yes, it is a sin what they did to us and they are still doing!!
How can Medicaid just take Danielle's SVT $$$$$ if the bill is already paid by her PPO? It's so confusing! Did Medicaid give it back to the PPO! They cannot double bill?!
They are taking it for services, Danielle received after Danielle was damaged at birth in the hospital. They have not sent an itemized bill, but placed a lien on the total amount of the trust.
So they waited all this time to take a cut from her hospital bill at birth? That bill was still due?
I am sO sorry for all of this! Thank you for helping us understand... it's so incomprehensible.
THIS is why you need a torts and contracts lawyer, to get Medicaid's fingers out of Danielle's fubds.
I don't think it was the lawyers fault that the Medicare/Medicaid complex can now go after her assets after death. This happened to my sister who died with nothing to her name after paying for her minimal burial expenses. We filed a negligence demand with the skilled care facility - they paid a few thousand dollars. The lawyer took 30% and Medicare took 20% right off the top. I had no idea Medicare could reach into ANY resources after death!
I wonder why Medicare only took 20%, and if they first had placed an official lien.
That was the approximate percentage. The $$ Medicare took were based on some formula of what they paid, not a percentage of our demand.
The private insurance, paid more than medicaid.
We have to ask questions to everyone before signing any papers. Make sure they are working for you, and not the other way around.