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FINANCIAL, LEGAL INSURANCE & EMPLOYMENT CONSIDERATIONS
Excerpted from "Alpha Book On Cancer and Living"
Disclaimer
The information contained here represents the author's opinion regarding
the subject matter covered . It is distributed with the understanding
that the publishers and author are not engaged in rendering legal, accounting,
or other professional services. If legal advice or other expert assistance is
required, the services of a competent professional should be sought.
The author and publishers and/or its agents specifically disclaim any
personal iiability, loss, or risk incurred as a consequence of the use
and aplication, either directly or indirectly, of any advice or information
presented herein.
FINANCIAL
- Financial Aid
If you need help paying your bills, many agencies offer financial aid. To
get in touch with the ones that are most suitable for you, start by calling
the National Cancer Institute (NCI) Cancer Information Service (1-800-4 CANCER).
- State Aid
You may qualify for state financial aid. If your cancer is work-related you
may be eligible for worker's compensation. If your cancer is not work related
but has left you disabled, you may be eligible for state unemployment-disability
benefits. The laws vary from state to state so contact the Department of Labor.
http://www.dol.gov/ Their phone number is
listed in the white pages under State Government.
- Federal Aid (Social Security & Supplemental
Security)
You may also qualify for federal support. Social Security offers two forms
of support for people who are disabled. You may be eligible for disability
insurance benefits if you have paid enough into Social Security and if you
have been disabled for five consecutive months. You may be eligible for
Supplemental Security Income (SSI) if your income falls below the federal
poverty level, provided you are sixty-five or older or blind or disabled.
It is not necessary to have paid into Social Security In order to qualify
for SSI.
Social Security also offers retirement benefits to workers who have paid
into the system, whether they are disabled or not. To receive partial
benefits, you must be at least sixty-five. Survivors of worker who qualify
for Social Security retirement benefits may be eligible for spouses',
survivors', or dependents' benefits.
To learn whether you are eligible for any of these programs, contact the
Social Security Administration office http://www.ssa.gov/ nearest you. To telephone
them, check the white pages under U.S. Government, Department of Health and
Human Services.
- Disability Benefits Through Your Union or Employer
Your union or your employer may also pay disability benefits. To be eligible,
you usually have to have belonged to the union, or have worked for the employer,
for at least five years. No matter what kind of disability benefits you file
for, file as soon as you verify that you are eligible. It can take weeks to
process your claim.
- Pharmaceutical Company Assistance Programs
Also, check with the financial counselor where you are being treated to see
if the drugs you are receiving are covered by a financial assistance program
through the participating pharmaceutical company.
- Taxes
Keep a record of all your medical expenses. You can deduct part of these
expenses from your income taxes. Deductible expenses include the cost of
prescription drugs, doctors' fees, hospital expenses, health insurance
premiums, nursing home care and treatment-related travel costs. For more
on medical deductions, call 1-800 TAX FORM.
LEGAL
- Informed Consent
You must sign an informed consent form before you can undergo certain
procedures. This form states that you agree to be treated and that you
have been told:
- What is going to be done and why
- The probable consequences
- The risks of having the procedure and of not having it
- The medically acceptable alternatives
Make sure you have been given - and that you understand - this information
before you sign the form. Remember that signing the form simply gives the
doctor permission to treat you. It does not absolve the doctor if he or
she is negligent.
- Your Medical Records
You have legal rights with respect to your medical records. Laws vary
from state to state. If you have a question call the American Medical
Association http://www.ama-assn.org/ in
your state to find out exactly what your rights are and
how to exercise them. You may also check with the State Board of Medical
Examiners (sometimes called the State Licensing Board). To find the medical
board in your state go to
http://www.docboard.org/
- Your Rights As A Patient
The Patient's Bill of Rights was adopted by the American Hospital Association in 1973. Here is a summary of these rights:
- The right to be treated courteously and with respect
- The right to know your physician's name, address and specialty
- The right to obtain information about your treatment, including alternatives;
to obtain information about your rights as a patient; and to review your
medical records
- The right to privacy
- The right to refuse treatment
- The right to examine your hospital bill and to have it explained to you
- The right to know the hospital rules that apply to you
- The right to refuse to participate in experimental treatment
- Power Of Attorney
Most people's lives are full of paperwork - bills to pay, taxes to pay, checks
to deposit. When you are ill, the paperwork piles up quickly and may soon
become unmanageable. You may want to prevent this from happening by
appointing another person to manage your affairs for you by granting them
power of attorney. A person with power of attorney may make legal,
financial and medical decisions on your behalf (laws vary from state to state).
Power of attorney lasts until you revoke it or become
incapacitated. Durable power of attorney extends the terms of the power of
attorney and is useful should a person become permanently incapacitated.
To set up a power of attorney, consult a lawyer who is familiar with the
legal requirements in your state.
- Trusts and Wills
No matter how large or small your estate it is always wise to make sure that
you have a will. In general we strongly recommend you consult an attorney for
this. He or she will help you draw up a valid will - one that will ensure you
wishes are followed concerning the disposition of your estate.
If you are facing a terminal prognosis, you may want to draw
up a Living Will. This document lets you specify, while you are still mentally
competent, exactly how much you want done to prolong your life. The Living
Will is legally valid in most, but not all, states. If you decide to draw up
a Living Will, be sure to discuss the issues involved with your doctor.
INSURANCE
- Private Medical Insurance:
Special Challenges for Cancer Patients
Though you will probably not lose your coverage after your diagnosis, it may
be difficult to obtain private insurance should you need to change insurers
if you change jobs. Some plans will exclude pre-existing conditions for six
months to a year, some will cover you immediately but ask for a higher premium.
There are two laws that can help you to keep the insurance that covered you on
your old job:
- Comprehensive Omnibus Budget Reconciliation Act
(COBRA)
The Comprehensive Omnibus Budget Reconciliation Act (COBRA) mandates that
employers of over twenty employees offer continued coverage to employees and
their dependents who quit, or are terminated. You will have to pay the
premium, however. You can use this coverage for up to eighteen months after
termination of employment. Spouses and dependents are covered for up to
thirty-six months.
- Employer Retirement and Income Security Act (ERISA)
The Employer Retirement and Income Security Act (ERISA) mandates that an
employer may not discriminate against an employee for the purpose of denying
benefits. This means your employer cannot fire you when he/she learns you have
cancer in order to keep you from collecting benefits under the employee benefit
plan.
To learn more about COBRA and ERISA, contact the Pension and Welfare
Benefits Administration of the U.S. Department of Labor, Room N-5658, 200
Constitution Avenue NW, Washington, DC 20210
http://www.dol.gov/dol/pwba/
- State-Mandated Insurance Pools for High-Risk Policies
Many states have high-risk pools for state residents who are otherwise
uninsurable. Coverage usually goes into effect after a six-month waiting period.As of
this writing the following states have these pools: California, Colorado, Connecticut,
Florida, Georgia, Illinois, Indiana, Iowa, Louisiana, Maine, Minnesota, Missouri,
Montana, Nebraska, New Mexico, North Dakota, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Utah, Washington, Wisconsin, and Wyoming. For
further
information contact the State Department of Insurance.
- Open-Enrollment Through Insurance Companies
Some HMO's and private insurance companies will insure you regardless of
your medical history on an "open enrollment plan". Some open-enrollment
plans
are offered year-round; others are offered for a brief period once a year.
For example, Blue Cross/Blue Shield periodically offers open enrollment in
several states. Ask about this plan when calling HMO's.
- Life Insurance
If you are a cancer patient, you will probably have trouble buying life
insurance. Whether or not you are able to obtain it will depend on the
type of cancer you have, on when it was diagnoses, and on your prognosis.
You can improve your chances if you:
- Go with the large companies (because they grade carefully for type and stage
of tumor);
- Get insurance through a group plan (because companies that write insurance for large groups don't evaluate the health of individual members):
- Apply for a graded policy (which will pay full benefits only after a three-year waiting period.
EMPLOYMENT
- Your Legal Rights
The Federal Rehabilitation Act of 1973 outlaws discrimination based on
handicap and applies to any employer who receives federal assistance, such
as state and local governments, schools, and any institution that receives
grants from the government. The Americans With Disabilities Act (ADA) covers
private employers with more than fifteen employees. Under both the
Rehabilitation Act and the ADA, it is illegal for an employer to require you
to disclose your medical history until after he or she has agreed to hire you.
It is also illegal for an employer to require you to take a physical examination
designed to screen out any disability, including cancer.
If you are not covered either by the Rehabilitation Act or the ADA, you may
still be protected by state law. To learn what the law is in your state,
contact the nearest
office of the ACS or telephone the National Coalition for Cancer Survivors
at 1-301-650-8868
- Vocational Rehabilitation
If your cancer interferes with your ability to work, perhaps your state
vocational rehabilitation agency can help. This agency provides disabled
employees with counseling and guidance, rehabilitation evaluation, and
placement services. It can also suggest how your employer might
make "reasonable accommodations" to meet your needs, including
modification of work hours or duties, redesign of facilities or equipment, or
retraining. To locate your state rehabilitation agency, look in the white
pages under State Government under Rehabilitation, Public Welfare, Labor,
Human Resources, Human Services, or Education.
Please look at our disclaimer before using this site.
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