Sorry I didn’t vet your post quickly enough. Given the amount of spam on the web, comments don’t get posted unless I review them first, and I didn’t get on line and see yours until today. We’re always happy to hear opinions of all sorts.

As for the CLASS Act, how can you say it’s cheaper than private LTC insurance, when so few details about the plan have been provided? Evidently, you’re unaware that it’s already possible to buy modest plans in the private sector that cost $65-$110 a month, and they don’t have a FIVE YEAR WAITING PERIOD, nor are they limited to HOMECARE ONLY, such as the Kennedy proposal. While it’s good that the HELP Committee is bringing attention to our country’s utter lack of preparedness for the longevity threat, it’s harmful to tout a bare bones $50 a day benefit (with no inflation protection available) as a meaningful solution for the masses. Harmful because some will settle for inadequate coverage when they could have afforded and would have preferred PROPER PRIVATE COVERAGE had they known of the government plan’s serious drawbacks. I pity the people who will no doubt remember only one thing from news accounts of the CLASS Act: “cheap long-term care.” For many, that will be reason enough not to explore the private LTC insurance option. That’s a sad prospect for their families and sad for taxpayers who’ll once again be burdened when a well-intentioned but poorly conceived government social program fails.

P.S. Most Americans are in the mistaken belief (if they think about it all) that Medicaid is an entitlement like Medicare and Social Security. It is not, it is welfare. That’s why the name Medicaid ends with “aid”. Nursing home beds at public expense were never intended for the middle class or higher. To the extent that some people artificially impoverish themselves or lead wasteful lives to qualify, they are literally stealing from the poor. They do so by competing with them for the precious few dollars left in a grossly underfunded program.

After reading Elderlaw Answers over the years, I was perplexed about how one sided it was. Now I understand. Opinions that conflict with your personal ideology are removed.

How disappointing for the elder law community.

In addition, most people will refuse to participate and this pool will be primarily low income people who are offered below market premiums and those whose health renders them uninsurable for private LTC insurance. The default Opt-in will not be the panacea that many expect. This is NOT like a 401k where it is always beneficial to participate. People will quickly learn to “opt-out”.

Lastly, a high degree of fraudulent claims will accompany this program. Whenever there is a potential for fraudulently obtaining “free” cashflow, it will bring out the worst in people and many will defraud the system. Rather than just handing out cash, current LTC insurance is generally reimbursement oriented which makes fraud much more difficult.

Ultimately, this risks the creation of another government program that will require additional government funding down the road. Let’s get Medicare and Medicaid funded appropriately first, please. For LTC planning, lets keep on the road established first by Bill Clinton and all subsequent Presidents. Let continue to educate – its a long process – and accompany with more tax incentives.