The Ritter & Randolph, LLC Blog

Patient Protection And Affordable Care Act

Mollie T. Stegman, Esq.On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act into law.  One of the major items included in this new law was the Community Living Assistance Services and Supports Act (CLASS).  This portion of the law established a national voluntary insurance program with the goal to provide assistance to adults who suffer from severe impairments in obtaining services and support that these adults need in order to stay independent. 
 
Eligible participants will be required to pay monthly premiums in exchange for long-term care benefits in the event the participants do develop a disability.  Benefits for participants will be based on his or her needs in performing basic daily living activities.  The CLASS program will not require applicant screenings for prior or pre-existing health conditions and allows  all individuals to enroll.
 
Participation in the plan requires a monthly premium payment through employer payroll deduction and sixty months of premium payments and employment during at least three of those  five years.  The participant will be entitled to a lifetime cash benefit, based upon their disability, so long as he or she remains disabled.  Employees will be automatically enrolled in the CLASS program unless they decide to opt out. 
 
Individuals will be eligible to receive benefits once it is determined by a licensed health care practitioner that the individual is unable to perform at  least a minimum of basic daily living activities or requires supervision to protect him or her from threats to their health and safety due to substantial cognitive impairment.  The disability must also last for a continuous period greater than 90 days. 
 
It is important to remember, the CLASS program was not designed or intended to replace private long term care insurance, but was designed and intended to provide those individuals who may not be eligible to afford private long term care insurance another alternative.