Law Office of Christina Lesher, P.C.

Law Office of Christina Lesher, P.C. Christina Lesher provides comprehensive legal advice on Long-Term Care Plans, Elder Law, & Medicaid.

Happy Independence Day from Law Lesher!
06/30/2025

Happy Independence Day from Law Lesher!

Thank you to Greater Heights Area Chamber of Commerce. Law Lesher is excited to become a new member, networking and most...
06/25/2025

Thank you to Greater Heights Area Chamber of Commerce. Law Lesher is excited to become a new member, networking and most importantly, being a part of the community.

Hospital Observation Status: What Families Need to KnowWhen a loved one is hospitalized, families often assume Medicare ...
06/09/2025

Hospital Observation Status: What Families Need to Know

When a loved one is hospitalized, families often assume Medicare will cover everything, especially if the person is staying overnight in a hospital bed.
But there’s a hidden trap that catches many Texas families off guard:
Observation status.
This hospital classification can affect your loved one’s Medicare coverage, access to nursing home care, and out-of-pocket costs — even if they’re receiving full treatment in a hospital room.

What Is Observation Status?
Observation status means your loved one is not officially admitted as an inpatient, even though they’re in the hospital for monitoring, testing, and treatment.
In Texas hospitals — including major systems like Memorial Hermann, Baylor Scott & White, Methodist, and UT Health — this is a Medicare billing category. Patients may spend hours or even days in a hospital bed without ever being "admitted" under Medicare rules.
They are technically considered outpatients, and that matters a lot when it comes to:
Medicare billing
Hospital costs
Skilled nursing facility (SNF) eligibility after discharge

Why It Matters
Medicare only covers post-hospital skilled nursing care if the patient was an inpatient for at least three consecutive days, not counting the discharge day.
In Texas, this is especially important because:
Many hospital systems default to observation status for seniors with falls, UTIs, dehydration, or mild strokes — common reasons for elder hospitalization.
Discharges to skilled nursing facilities happen quickly. Families often don’t find out until after Medicare denies coverage.
I often see this in Houston and across Texas:
A family thinks rehab is covered, then receives a $6,000–$12,000 nursing home bill because the hospital stay didn’t qualify under Medicare.

Know Your Rights: The MOON Form
Hospitals in Texas are required to give you a MOON (Medicare Outpatient Observation Notice) if your loved one has been under observation for more than 24 hours.
But this form is:
Often handed out late or without explanation
Easy to misunderstand
Not an appealable decision under current Medicare rules
Tip: If you get a MOON form, it’s a red flag. Ask questions right away.

What You Can Do-
Ask the Right Question
Say: “Is my loved one admitted as an inpatient, or are they under observation status?”
Request Documentation
If observation: ask for the MOON form and keep a copy.
Talk to the Hospital Case Manager
Texas hospitals typically have discharge planners or case managers who can explain the implications, but families often need to push for clarity.
Document Everything
Record the date/time of admission, discharge, and any staff communications.
Consult an Elder Law Attorney
Especially if skilled nursing care is needed or Medicaid planning may be required.
For assistance, see

Observation Status Appeal ResourcesMarch 20, 2025 Frequently Asked Questions about the “Observation Status” Court DecisionRecorded Webinar (Jan. 22, 2025) on Observation Status AppealsRetrospective Appeals FlowchartProspective Appeals FlowchartRequest for Retrospective Appeal of Medicare Part A ...

06/06/2025

Christina Lesher provides comprehensive legal advice on Long-Term Care Plans, Elder Law, & Medicaid.

06/02/2025

The practice of law led me to practice yoga (after all, that is why it is called the practice of law, not the perfection of law). Join me and the incredible Dr. McClain Sampson on our journey to help you with yours! Details are below:

Christina Lesher provides comprehensive legal advice on Long-Term Care Plans, Elder Law, & Medicaid.

05/13/2025

One moment, you’re holding a red Solo cup in a field; the next, an AARP card shows up in your mailbox.
If that sounds familiar, then you might be like me—a Gen Xer (born between 1965–1980). Like our parents before us, maybe we never really thought we’d get old. So what do we need to do - after all, we are the champs of drinking from the water hose and figuring out how to do things ourselves-
What should Gen X be doing for estate planning?
1. Get your “core” estate planning documents in order.
Even if your net worth is less than zero, you still need:
A Will
Financial Power of Attorney
Medical Power of Attorney
HIPAA Release
Directive to Physicians (Living Will)
These aren’t just for you—they’re important for your college-aged kids too (once they turn 18, you can’t make medical or financial decisions for them without these documents).
2. Have minor kids? Plan for them now.
Name a guardian in your will to care for your children if something happens to you.
Set up trusts so they don’t inherit everything at 18 and spend it all on a sports car and an Xbox.
3. Rethink life insurance.
Life insurance often gets a bad rap, but it can be a lifesaver—literally:
Cover college tuition
Fund long-term care for your parents
Provide ongoing support for a loved one with special needs
And the truth is, it only gets more expensive as we age. If your health declines, you might not qualify at all—so don’t wait.
4. Review and update your beneficiary designations.
Your IRAs, 401(k)s, and life insurance policies aren’t controlled by your will. They pass directly to the named beneficiaries, so make sure those names are up to date and align with your overall estate plan, especially if you have a divorced spouse named on an account.

Christina Lesher provides comprehensive legal advice on Long-Term Care Plans, Elder Law, & Medicaid.

05/02/2025

Families don't have to navigate this alone. Elder law attorneys partner with caregivers to provide guidance, peace of mind and a plan. This May, give yourself and your loved one the gift of clarity and security. Let's plan together.

Christina Lesher provides comprehensive legal advice on Long-Term Care Plans, Elder Law, & Medicaid.

05/02/2025

May is Elder Law Month! Caregivers juggle a million responsibilities—doctor appointments, medications, emotional support, and often managing finances or legal decisions. During Elder Law Month this May, we honor the essential role caregivers play and spotlight the legal planning that can ease their load and protect their loved ones' future.

Elder law focuses on the legal needs of older adults and individuals with disabilities and includes:

Powers of attorney for healthcare and finances

Medicaid and long-term care planning

Guardianship and alternatives

Special needs planning (for children and adults with disabilities)

Protecting assets and maintaining public benefits

These tools aren’t just paperwork—they’re lifelines that help families advocate confidently and avoid costly emergencies.

This month, take a moment to ask:

Do I have the legal authority to speak for my loved one?

Have we discussed long-term care or end-of-life wishes?

Are we prepared if something unexpected happens?

Families don’t have to navigate this alone. Elder law attorneys partner with caregivers to provide guidance, peace of mind, and a plan.

This May, give yourself and your loved one the gift of clarity and security.

Let’s plan together.

Today, my brother/ care manager, Rob, and I were at the Eagle's Trace End of Life Expo- so good to meet new friends, see...
04/29/2025

Today, my brother/ care manager, Rob, and I were at the Eagle's Trace End of Life Expo- so good to meet new friends, see old friends, and wear ties!

04/23/2025

From Disability Rights Texas-

A federal budget proposal for Fiscal Year 2026 was recently leaked that recommends eliminating a significant amount of funding for Protection and Advocacy (P&As) agencies like Disability Rights Texas (DRTx).

These cuts would severely impact the services provided by DRTx and agencies like ours in every state and territory. No other agencies do what P&As do when it comes to ensuring people with disabilities are safe from harm and have access to essential things like healthcare, education, housing, employment, and more.

Though this is the beginning of a lengthy federal budgeting process and nothing is finalized, we wanted to inform you of this potential change that could affect the Texas disability community. We're watching this issue closely and will continue to provide updates.

Address

5615 Kirby Drive, Ste 412
Houston, TX
77005

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