Digital Commons Network^™

Elder Economic Security Initiative: The Elder Economic Security Standard For Massachusetts, Laura Henze Russell, Ellen A. Bruce, Judith M. Conahan

Gerontology Institute Publications

What is an adequate income for older adults in Massachusetts to age in place? How does it vary according to where they live, and their life circumstances: whether they are living alone or with a spouse, rent or own their home, drive a car or use other transportation? How do elders’ living costs change as their health status and life circumstances change? What happens if they need long-term care to keep living at home?

This report will address these questions through the development of a measure of income adequacy for older adults using the WOW-GI National Elder Economic Security Standard …

On The Edge: Facing A Challenging And Uncertain Future. Elder Economic Security Standard™ For The Boston Area, Laura Henze Russell, Ellen A. Bruce, Judith M. Conahan

Gerontology Institute Publications

What is an adequate income for older adults in the Boston area to age in place? How does it vary according to their life circumstances: whether they are living alone or with a spouse, rent or own their home, drive a car or use other transportation? How do Boston area elders’ living costs change as their health status and life circumstances change? What happens if they need long-term care to keep living at home?

This report will address these questions through the development of a measure of income adequacy for older adults, the Elder Economic Security Standard (Elder Standard). The …

Protecting Rights Or Waiving Them? Why 'Negotiated Risk' Should Be Removed From Assisted Living Law, Eric M. Carlson

ExpressO

Assisted living facilities claim that negotiated risk agreements give residents the freedom to act against facility advice. On the contrary, negotiated risk was proposed originally to waive a facility’s liability for inadequate care, and liability waiver remains a significant component of negotiated risk.

This Article offers the first detailed legal analysis of state negotiated risk laws. Due to negotiated risk’s dueling definitions – based either on the against-facility-advice scenario or the inadequate care scenario – state law is marked by ambiguity and inconsistency. Currently, fifteen states address negotiated risk in law, and an additional state has developed a standardized negotiated …

Tobacco Regulation Review, V. 5, No. 1, June 2006

Tobacco Regulation Review

No abstract provided.

The Entrepreneurial University: Rewards & Risks, Samuel M. Hines Jr.

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.

Age And Tenure Of The Justices And Productivity Of The Supreme Court: Are Term Limits Necessary, Joshua C. Teitelbaum

Florida State University Law Review

No abstract provided.

Preserving Voting Rights In Long-Term Care Institutions: Facilitating Resident Voting While Maintaining Election Integrity, Nina A. Kohn

McGeorge Law Review

No abstract provided.

Reconceptualizing Elder Abuse: Treating The Disease Of Senior Community Exclusion, Donna Schuyler, Bryan A. Liang

Annals of Health Law and Life Sciences

This article focuses on the phenomenon of elder abuse, which is one of the paramount symptoms of the larger community's failure to address the social, medical, and legal needs of the senior populace. Although there have been multidisciplinary efforts to address this problem, they are not responsive to the needs of the senior population itself. In response, the authors propose a model that takes into account the specific concerns of local senior communities and provides seniors and their stakeholder providers a stable infrastructure to ensure open, consistent, and effective participation and delivery of services.

Social Productivity, Law, And The Regulation Of Conflicts Of Interest In The Investment Industry, Larry D. Barnett

Cardozo Public Law, Policy & Ethics Journal

The article introduces the concept of "social productivity," a sociological framework analyzing how organized groups influence society through their actions and policies. It distinguishes social productivity from economic productivity by focusing on social outputs like reputation, symbols, trust, and behavioral standards, which can enhance or diminish societal well-being. The article argues that law plays a critical role in mitigating harm and restoring trust by regulating behavior and reflecting societal values. It advocates for considering social productivity in policy and legal frameworks to foster a stable society, emphasizing the non-economic impacts of group actions on the social fabric.

Contesting Anticompetitive Actions Taken In The Name Of The State: State Action Immunity And Health Care Markets, Clark C. Havighurst

Faculty Scholarship

The so-called state action doctrine is a judicially created formula for resolving conflicts between federal antitrust policy and state policies that seem to authorize conduct that antitrust law would prohibit. Against the background of recent commentaries by the federal antitrust agencies, this article reviews the doctrine and discusses it's application in the health care sector, focusing on the ability of states to immunize anticompetitive actions by state licensing and regulatory boards, hospital medical staffs, and public hospitals, as well as anticompetitive mergers and agreements. Although states are free, as sovereign governments, to restrict competition, the state action doctrine requires that …

Age And Tenure Of The Justices And Productivity Of The U.S. Supreme Court: Are Term Limits Necessary?, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

This Article examines the relationship between the productivity of the U.S. Supreme Court and the age and tenure of the Supreme Court Justices. The motivation for this Article is the Supreme Court Renewal Act of 2005 (SCRA) and other recent proposals to impose term limits for Supreme Court Justices. The authors of the SCRA and others suggest that term limits are necessary because, inter alia, increased longevity and terms of service of the Justices have resulted in a decline in the productivity of the Court as measured by the number of cases accepted for review and the number of opinions …

Keeping Track Of Care: Quality And Technology At Lifebridge Health System (Baltimore), Judith Moore

National Health Policy Forum

This one-day site visit focused on quality and technology in acute, post-acute and long-term care at Sinai Hospital and Levindale Hebrew Geriatric Center and Hospital, both components of LifeBridge Health System in Baltimore. Participants traced the treatment paths of hypothetical cardiac and cancer patients through the hospital and explored the range of home- and community-based as well as institutional care available through the geriatric center. The role of clinical information technology was highlighted in both settings.

The Rise And Fall Of Israel's Senior Citizens’ Law, Israel Doron

ExpressO

Within the broad and complex framework of laws in Israel relating to the older population, this article focuses on a single act of legislation: the Senior Citizens Law, 5750-1989 (hereinafter “the Senior Citizens’ Law”). During its hitherto brief life, this law has undergone numerous transformations, ups and downs, additions and deletions, successes and failures. At the time of its enactment, there were those who placed great hopes for the future of older people's rights on the law. As of today, however, this article will attempt to argue that the law has failed to realize its objectives. The article includes two …

Thou Shalt Not Kill As Defeasible Heuristic: Law And Economics And The Debate Over Assisted Suicide, Daniel J. Gilman

Faculty Scholarship

Although the literature addressing medical decisions at the end of life is vast, surprisingly little of it has come from the perspective of law and economics. This article begins with a critical account of one of the very few law and economics-based discussions of physician-assisted suicide (PAS), that developed by Judge Richard Posner in his book, Aging and Old Age. Central to Judge Posner's account is a model of PAS as a sort of technological innovation. What this particular innovation is supposed to bring is a radical reduction in certain critical information costs attending end-of-life decision making. It is …

The Law Of Guardians And Conservators: Southern States, Kimberly Cameron

Law Library Student-Authored Works

No abstract provided.

Live Long - And Prosper?, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.

Residential Adjustments Of Elders: Perspectives Of Elders And Their Adult Children, Alison S. Gottlieb, Elizabeth Johns, Francis G. Caro

Gerontology Institute Publications

While elders tend to prefer to “age in place,” they often have reason to consider residential alternatives. Declining health and loss of social supports invite elders to consider modifying their homes or moving to other settings that are less demanding and more supportive. Residential adjustments of elders are often a family issue. Among middle-aged adults, worry about the safety of aging parents in their residential environments is widespread. Also common is frustration among adult children about their difficulties in persuading parents to make recommended residential adjustments.

We conducted a qualitative study on residential decision-making based on focus groups and qualitative …

Promoting Safe Mobility Among Elders By Increasing Awareness Of Vehicle Modifications (Executive Summary), Elizabeth Van Ranst, Nina M. Silverstein, Alison S. Gottlieb

Gerontology Institute Publications

This research project looks at one strategy to address the safety of older drivers, vehicular modifications. Specifically, a video demonstrating low-tech, low-cost features that may alleviate some driving challenges was produced to determine whether viewing the video would increase awareness of and motivation to use those features. Prochaska and DiClemente’s Transtheoretical Model of intentional behavioral change provides the theoretical framework for this study. This model posits five stages of change, a continuum over which the individual becomes more receptive to taking action.

Profits And Professionalism, Deborah Rhode

Fordham Urban Law Journal

This Article looks at the financial effect of ethics work. The author examines to what effect and under what circumstances “ethics pays,” and what can be done to increase the rate of return. The article studies this issue in three different contexts. First, it looks at workplace cultures and professional values. The author tries to find how the legal professional can create more organizational structures in which adhering to principles serves prudential interests. The second context is pro bono work. Here, the author looks at the pro bono benefits to, the lawyer, and legal employer, as well as the costs …

Is It Too Late For Title Vi Enforcement?: Seeking Redemption Of The Unequal United States‟ Long Term Care System Through International Means, Ruqaiijah Yearby

Faculty Publications

Legal and medical experts have noted continued racism in the health care system that prevents the equal distribution of quality care. Initially most racism was intentional and expressed through de jure segregation, as evidenced by federal funding of the construction of racial segregated health care facilities. Now most racism, expressed through de facto segregation, is subtly incorporated into the daily practices of institutions causing an adverse disparate impact on African-Americans. This institutional racism establishes separate and independent barriers through the neutral denial of opportunities and equal rights to individuals and groups that results from the normal operations of the institutions …

The Age 60 Rule - It Is Time To Defeat It, Geneve Dubois

Journal of Air Law and Commerce

No abstract provided.

Should Attorneys Have A Duty To Report Financial Abuse Of The Elderly?, Carolyn L. Dessin

Akron Law Faculty Publications

Exploitation of older persons is a growing problem in America. As a result, our legal and social systems are struggling to develop structures that will prevent, remedy and punish instances of abuse. From all indications, financial abuse is becoming increasingly common, and can be devastating to its victim.

States have enacted a wide variety of statutes aimed at alleviating financial abuse. There are two relevant bodies of law: a state's protective services law and the state's criminal law. Although one may normally think of the purpose of the criminal law as deterring and punishing crimes, and the protective services law …

Quality Improvement In Maryland: Partnerships And Progress, Judith D. Moore, Lisa Sprague

National Health Policy Forum

This one-and-a-half-day site visit to Easton, Maryland, explored the activities of the Delmarva Foundation, the Quality Improvement Organization (QIO) for Maryland and the District of Columbia. The program reviewed Delmarva’s responsibilities under their Medicare contract and the initiatives they have undertaken with hospitals and other providers to improve health care outcomes and to define, collect, and report quality data. Local hospital officials added their perspective on quality programs and working with Delmarva. Topics of particular interest were health information technology, patient safety, and quality reporting both to government agencies and to consumers.

Perceptions Of Terrorism And Disease Risks: A Cross-National Comparison, Neal Feigenson, Daniel Bailis, William Klein

Missouri Law Review

This article seeks to demonstrate why is important for policy makers to understand how people evaluate health and safety risks. This type of understanding is essential to communicate policy and to anticipate public reactions. Current events have caused many people across the globe to feel more at risk than previous generations, making this inquiry especially relevant.

In Practice, V. 5, No. 1, Fall 2004

In Practice

No abstract provided.

Doctoring Fraud & (And) Abuse: Enforcement Of Stark And The Antikickback Law In Physician Recruitment May Be Bad For Your Health, Jeremy Fine Bollinger

Loyola of Los Angeles Law Review

No abstract provided.

The Duty To Support An Aged Parent In Singapore, Wing-Cheong Chan

Washington International Law Journal

When the legislation to impose a financial obligation on adult children to provide for their aged parents was introduced in Singapore in 1994, it generated heated public debate which polarized the population. Several criticisms of this proposal emerged: it subsumed the Asian value of filial piety in a legalistic, Western framework; it was unnecessary given the small number of parents being neglected by their children; and it was an undesirable intrusion into family life. Nonetheless, the proposal managed to gain enough Parliamentary support to be referred to a Select Committee. Several adjustments to the proposed legislation were made to take …

The Health Care Safety Net In South Carolina: A Test Of Tenacity, Jennifer Ryan, Randy Desonia

National Health Policy Forum

This site visit to the state of South Carolina provided an opportunity to experience and understand the unique makeup of the health care safety net in a southern state. Site visitors had the opportunity to interact with health care providers, state officials, faith-based organizations and leaders of provider-driven volunteer initiatives. They also learned about the challenges of access to care in rural areas and among diverse population groups. The group visited the Sea Island Medical Center and Our Lady of Mercy Community Outreach and Wellness House; a migrant farm worker camp on Johns Island; and a “medical home” site, Medical …

Lost Pension Money: Who Is Responsible? Who Benefits?, 37 J. Marshall L. Rev. 695 (2004), Ellen A. Bruce J.D., John Turner Ph.D.

UIC Law Review

No abstract provided.

Back To The Future: The Future Of Long-Term Care In Massachusetts, Deborah H. Thomson, John J. Ford

Gerontology Institute Publications

The state of Massachusetts, like the rest of the United States, is facing an approaching crisis in long-term care. Over the next few decades the number of Massachusetts residents age 65 and older will soar. As these numbers increase, so will the need for long-term care.

Massachusetts is ill prepared to provide the services that will be needed. Our current system of health care benefits leaves many elders with gaps in coverage. Those individuals who need long-term services often impoverish themselves and their spouses before the state pays for their care. Others languish on waiting lists to receive services. Our …