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By John M. Bigler This month I'd like to borrow from the front pages and discuss a topic that's become a source of great controversy, and one that affects the senior population on Long Island. I'm specifically referring to the employment of undocumented aliens.
Long Island has a large undocumented population. Members of this community often risk their lives to make it to this country in hope of providing a better life for themselves and their family. Many are not only supporting their immediate family, but an extended family in their native land. They accept various types of jobs. One in particular that's become quite popular with these aliens is that of home health aide. Obviously, as an attorney and officer of the court, I cannot advise clients to hire illegal aliens. Nor do I condone the fact that they're being used. However, I cannot ignore their presence in the homes of many of my clients. Those seniors who require an aide in the home and can afford to go to a home health agency obviously should do so. The home health agency can provide aides who are trained, licensed and bonded. They can do background checks on these individuals to make sure that they're qualified. Of course, even this system isn't perfect. In more than twenty years of practicing elder law the only horrible experience I'm aware of was where an agency employee whose background hadn't been checked thoroughly. That employee murdered the senior who had hired him and then set fire to the home in an attempt to hide a robbery. The problem for many seniors on Long Island is the cost of home health care delivered through an agency. The average cost of an aide is in the range of $12 to $15 an hour. Many seniors, especially those who need a significant number of hours of care, simply can't afford to pay privately for an aide through an agency. Another alternative is community Medicaid. As I have explained in other articles, it's relatively simple to qualify financially for community Medicaid. There are no penalties for transferring assets, so one could dispose of all liquid assets over the resource allowance and become eligible immediately. However, the problem with community Medicaid isn't the financial qualifications, but rather the amount of time allotted by Medicaid for home health aides. More and more, local Departments of Social Services have made an increasingly greater effort to reduce the number of hours authorized. Once a person has become financially eligible, the local department will send a visiting nurse to the home to make a determination as to how many hours a day, how many days a week of care are necessary. The days of routinely granting 24-hour care are over. The agency will look for extenuating circumstances such as family members living in the home to justify reduced hours. Therefore, many seniors have no choice but to turn to the reality of undocumented aliens. Some will willingly stay in the home on a 24-hour basis and for a significantly reduced rate. Many have medical training in their home country. I've met many hard-working aides who are dedicated to the family they serve. They've allowed many seniors the luxury of staying out of a nursing home. (It sounds strange to say that some people end up in nursing homes because they can't afford to stay home, but the fact is that Medicaid in the nursing home provides 24-hour care, while as noted, at home it often does not.) Once again, I'm in no way condoning the hiring of undocumented aliens, which is illegal. However, being an elder-law attorney very often encompasses more than just knowing the law. I've spoken to a number of attorneys from upstate New York who are envious of the number of undocumented aliens residing in the downstate area. Those seniors upstate don't have that option. One has to accept reality, and the reality is that these aliens who are much maligned by certain segments of the population have in many instances been saviors for those that they assist. Reprinted with permission of the Suffolk Times © 2000 [ Contact Us ] [ Guestbook ] [ Email ]  The Law Offices of John M. Bigler, Attorney At Law 1421 Wantagh Avenue, Wantagh, New York 11793-2206 1-888-ELDER-LAW · 516-409-6565 · Fax: 516-409-6522 E-Mail: info@biglerlaw.com · Web Site: www.biglerlaw.com |
Recently the papers have been filled with stories about the difficulties of secretary of labor nominee Linda Chavez, who last week withdrew from consideration due to the turmoil over her employment of an undocumented alien in her home. I believe that many seniors on Long Island can relate directly to this issue.