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Full-Text Articles in Law
The Role Of The Attorney As Nursing Home Advocate, Andrew P. Brusky
The Role Of The Attorney As Nursing Home Advocate, Andrew P. Brusky
Marquette Elder's Advisor
This article explains the need for attorneys to keep informed about current standards and regulations related to nursing home care. The author identifies the areas of concern to clients and their attorneys such as determining the appropriate placement, or investigate financial and payment options. Surrogate decision-making options may need to be considered. Patients in nursing homes may need attorney assistance in patient rights or quality of care issues, or in disputes concerning patient abuse.
Spousal Refusal: Preserving Family Savings By "Just Saying No" To Long-Term Care Impoverishment, Scott M. Solkoff
Spousal Refusal: Preserving Family Savings By "Just Saying No" To Long-Term Care Impoverishment, Scott M. Solkoff
Marquette Elder's Advisor
This is a case study of an elderly couple who executed a pre-nuptial agreement to keep their assets separated. When the husband required long-term care, the state required the assets of both to be considered in determining Medicaid eligibility. This article explores the effect and applicability of the Just Say No rule and the difficulty of preserving the assets of the non-institutionalized spouse.
Assuring Quality Long-Term Care In America, Thomas D. Begley Jr., Jo-Anne Herina Jeffreys
Assuring Quality Long-Term Care In America, Thomas D. Begley Jr., Jo-Anne Herina Jeffreys
Marquette Elder's Advisor
Ninety percent of the 76 million baby boomers will be retired by the year 2030, and many will eventually need a continuum of care. The authors suggest that financing such care is primarily a middle-class problem, and suggest that making long-term care coverage both mandatory and universal, such as through a government program, may be the best way to spread the risk.
Naela White Paper On Long-Term Care Reform
Naela White Paper On Long-Term Care Reform
Marquette Elder's Advisor
The current system for addressing long-term care is a non-system. It is a hodgepodge of services that fail to meet its intended needs and is economically inefficient. This White Paper analyzes the problems and proposes recommendations to serve as policy solutions for citizens and government
Reimaging The Ombudsman: An Appraisal, Beth Eisendrath
Reimaging The Ombudsman: An Appraisal, Beth Eisendrath
Marquette Elder's Advisor
An ombudsman program can serve as a useful alternative to the court system for nursing-home residents. This article examines issues related to the ombudsman's role in long-term care facilities, including purpose, criticisms, and local and national recommendations
Internet Resources For Long-Term Care Insurance, Robin C. Schard
Internet Resources For Long-Term Care Insurance, Robin C. Schard
Marquette Elder's Advisor
This article looks at long-term care insurance on the Web. The various perspectives represented and information provided by insurance governance, organizations, consumer advocacy groups, and insurance companies create a solid basis for beginning the decision making process with regard to LTC insurance.
Funding Long-Term Care: Is There A Way To Ensure That Our Assets Will Last Longer Than We Will?, Nathalie D. Martin
Funding Long-Term Care: Is There A Way To Ensure That Our Assets Will Last Longer Than We Will?, Nathalie D. Martin
Marquette Elder's Advisor
Long-term care is subject of great concern to most elders. Stripping away the emotional hype and confusing lingo surrounding this topic is essential to making sound decisions. This article pares away all the extraneous complications and lays out the options that are currently available to elders, paying particular attention to the methods available to fund long-term care if or when it is needed
Income-Only Trusts: A Win-Win-Win Option In Estate Planning, Billie M. Castle
Income-Only Trusts: A Win-Win-Win Option In Estate Planning, Billie M. Castle
Marquette Elder's Advisor
When appropriate, income-only trusts can achieve the multiple objectives of preserving assets while minimizing tax liability, protecting assets against the possibility of long-term care costs, and retaining control of the grantor. This article examines the important factors that need to be considered to use income-only trusts successfully.
A Medicaid Long-Term Care Eligibility Primer: Basic Eligibility Rules
A Medicaid Long-Term Care Eligibility Primer: Basic Eligibility Rules
Marquette Elder's Advisor
Determining Medicaid eligibility for elders who need nursing home care is central to the practice of elder law. The purpose of various Medicaid rules, which vary from state to state, can seem incomprehensible- even for those who provide excellent Medicaid planning services.
Special Care Units: History, Regulation, And Criticism, Mollie Grande
Special Care Units: History, Regulation, And Criticism, Mollie Grande
Marquette Elder's Advisor
Special care units are nursing home areas dedicated to providing care for patients with dementia. This article describes the characteristics of individuals with dementia who need long-term care, outlines the reasons special care units were created, and discusses issues regarding their regulation.
Private Sector Long-Term Care Planning, Timothy M. Vogel
Private Sector Long-Term Care Planning, Timothy M. Vogel
Marquette Elder's Advisor
America's long-term care future is fraught with risks and opportunities for a better old age. Elder law attorneys and financial professionals who understand this complex and evolving world will better serve their older clients. This author draws upon his forthcoming book to answer key questions about professional planning that will harness clients' resources to achieve private sector choice in long-term care
Counseling Clients About Long-Term Care Expense: What Are The Alternatives?, Richard W. Knueppel
Counseling Clients About Long-Term Care Expense: What Are The Alternatives?, Richard W. Knueppel
Marquette Elder's Advisor
Although many Americans have purchased insurance for long-term care, other options may be available. This article explores nursing home costs, sources of payment, and insurance coverage available. Other options which might be investigated include Health Savings Accounts, Veteran's Administration benefits, adding a long-term care rider to an existing policy, selling a currently held life insurance policy, and a reverse mortgage on a home.
Consumer-Driven Long Term Care: Shaping He Government's Role, Marshall B. Kapp
Consumer-Driven Long Term Care: Shaping He Government's Role, Marshall B. Kapp
Marquette Elder's Advisor
This article explores the movement of government and insurance-paid long-term care programs which tend to delineate which services are provided toward a more consumer-driven model. Kapp discusses the necessity of informing consumers of the options available, regulations needed to assure that autonomous consumers have alternative options available, and the criteria needed to assure that clients with inadequate decisional capacity have their interests represented.
Choices For Care: Consumer Choice And State Policymaking Courage Amid Medicaid's Shifting Entitlement To Long-Term Care, Tracy Bach
Marquette Elder's Advisor
This author addresses questions about the efficacy of Choices for Care (CFC), a Section 115 waiver program that allows Vermont to encourage Medicaid-eligible state residences to receive long-term care in their homes rather than nursing homes. The article addresses questions about CFC's impact on Medicaid recipients who need skilled nursing care. It also addresses questions concerning the program's cost effectiveness, and whether CFC has created additional costs. Finally, the article addresses the question of whether CFC will radically change long-term care and influence other states.
Narrowing Medicaid's Ltc Coverage? The Inplications Of The Dra's Home And Community-Based Care Benefit , Gene Coffey
Narrowing Medicaid's Ltc Coverage? The Inplications Of The Dra's Home And Community-Based Care Benefit , Gene Coffey
Marquette Elder's Advisor
The first section of the article reviews the knowledge required to qualify for various levels of individual licensing. The second section of the article provides an overview of the financial products available in the market and attempts to analyze where the failures in investor knowledge are most apparent.
The Role Of Private Responsibility In Closing The Gap Between Knowledge And Practice In Long-Term Care, Marshall B. Kapp
The Role Of Private Responsibility In Closing The Gap Between Knowledge And Practice In Long-Term Care, Marshall B. Kapp
Marquette Elder's Advisor
Kapp discusses the expanding need for long-term care services by looking at the goal put forward by aging policy analyst Dr. Larry Polivak of closing the gap between knowledge and practice in the United States long-term care financing and delivery system. The article first discusses points of agreement between Kapp and Polivak's viewpoints. Kapp then discusses how their viewpoints diverge and puts forth his own policy views about public versus private responsibility as it applies to long-term care.
Closing The Gap Between Knowledge And Practice In The U.S. Long-Term Care System, Larry Polivka
Closing The Gap Between Knowledge And Practice In The U.S. Long-Term Care System, Larry Polivka
Marquette Elder's Advisor
The push for Medicaid reform is evident in the Deficit Reduction Act (DRA), which was crafted, in part, as a response to state-level dissatisfaction with existing waiver options. The DRA spells significant changes for Medicaid, as it institutes deep revisions of some of the program's core elements. The most significant components of the DRA's reforms include the expansion of state options and the simplification of the option approval process. This article examines the newly available options that will most notably affect Medicaid services to the elderly, especially long-term care, and it summarizes program revisions under consideration or active development.