Mansfield expects this to be the first of many such lawsuits she and Legal Services for Seniors will bring to stop abuse and to recoup any funds wrongfully taken from a senior. But she cautions that prevention is the best option since it can take years of complex litigation on behalf of an elderly victim to undo the damage. To that end, Mansfield gives speeches and participates in a wide variety of educational forums to alert seniors and others to the danger signs of financial elder abuse. Thinking that Medicare would be primary and the employer s coverage was duplicative, the employer didn t want to pay for insurance that he thought wouldn t be used. However, Medicare has a rule that says if you re eligible for other coverage, Medicare pays second and the private health insurance must pay first.
Public policy shifts the cost from government to private industry to pay for health care.
Because the employer had cancelled our client s private insurance and Medicare was not available, our elderly client had no health insurance coverage. We informed the employer of this Medicare requirement and requested that the employee be reinstated to the company s health plan. The employer refused our request even after we provided a clear explanation of the law. During the period that the employer was refusing to comply with our demand, our client was admitted to the cardiac care unit at Salinas Memorial Hospital. At that point, we produced a detailed demand letter to both the Salinas employer and the group health plan s administration in Southern California, threatening a lawsuit in U.S. District Court.