Law Commons^™

Aging, Health, Equity, And The Law: Foreword, Joan C. Foley

Touro Law Review

No abstract provided.

An Assessment Of Advance Directives In China: The "Coming Of Age" For Legal Regulation?, Yue An, Mimi Zou

Marquette Benefits and Social Welfare Law Review

Advance directives (AD) are playing an increasingly important role in end-of-life medical care and treatment in ageing societies. A growing number of jurisdictions have introduced AD-related laws as a component of their medical and health care regulatory frameworks. This article presents an analytical account of why specific regulation on ADs has yet to develop in China, the most populous ageing society in the world. We argue that the regulatory vacuum to date can be partly explained by limited public demand, which can be further accounted by relatively low public awareness as well as the influence of traditional views on life-and-death …

Prevention Of Illness, Paul Bernstein

Paul Bernstein, MD, JD, FACC

No abstract provided.

Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey

University of Richmond Law Review

No abstract provided.

The Medicaid Gamble, Ann Marie Marciarille

Faculty Works

The Patient Protection and Affordable Care Act (ACA) was an unprecedented gamble. The ACA transformed Medicaid from an unevenly and underfunded program for the poor and disabled to a program to offer those priced out of commercial insurance markets government-funded health insurance similar to Medicare, the single-payer system for seniors and the disabled. In a sense, the ACA gambled that Medicaid could be more like Medicare.

The ACA, as it was transformed by the Supreme Court of the United States, became a gamble on the part of the Court that good things would follow from empowering each of the states …

Health Care Decision Making In The Veterans Health Administration: The Legal Significance For Informed Consent And Advance Directives, Liliana Kalogjera Barry

Marquette Elder's Advisor

No abstract provided.

Obstacles Faced By The Elderly Veteran, Craig M. Kabatchnick

Marquette Elder's Advisor

No abstract provided.

The Responsible Patient: The Senior's Obligation To Conserve Medical Resources, Jeffrey B. Hammond

Marquette Elder's Advisor

No abstract provided.

Overutilization And Underutilization Of Preventive Services In Elderly Populations, A Conundrum , Freeman L. Farrow Md, Jd

Marquette Elder's Advisor

No abstract provided.

Variables Of Health Reform And Their Impacts On The Elderly, John D. Blum

Marquette Elder's Advisor

No abstract provided.

The Economics Of Prevention And Medicare: The Challenge, Potential Solutions And Current Results, Adam Atherly Ph.D., Zhou Yang

Marquette Elder's Advisor

No abstract provided.

Chronic Care And Prevention: Evolution In Practice And Finance, John V. Jacobi

Marquette Elder's Advisor

No abstract provided.

Prevention Paradigms, Over-Diagnosis And Treatment, And Mad Men, Alison Barnes

Marquette Elder's Advisor

No abstract provided.

Funding Stem Cell Research: The Covergence Of Science, Religion & Politics In The Formation Of Public Health Policy, Edward A. Fallone

Marquette Elder's Advisor

No abstract provided.

The Future Of Medicare: Preserving A Structurally Sound Program For Tomorrow, Alfred J. Chiplin Jr., Brian W. Lindberg

Marquette Elder's Advisor

This column is an annotated form of a position paper suggesting ways that the Medicare program may be successfully continued into the twenty-first century. Issues discussed are the basic principles to be observed, current concerns and cautions, and concepts for be explored which need further study.

Legal Guadians' Authority To Consent To Do-Not-Resuscitate Orders, Robert J. Best

Marquette Elder's Advisor

Cardiopulmonary resuscitation (CPR) has saved and prolonged the lives of many, but is it appropriate for elderly and incapacitated individuals? This article examines the role of surrogate decision making in withholding treatment of incapacitated individuals, and provides a list of twelve criteria to assist a guardian to determine what would be in the best interests of the patient.

First Bipartisan Medicare Reform Bill, John Breaux

Marquette Elder's Advisor

The proposed Breaux-Frist plan will establish a Competitive Premium System that offers integrated health care benefits and prescription drug coverage while maintaining Medicare entitlement. This article provides an overview of the proposed legislation.

An Introduction To Medicare, Cheryldiane Feuerman, Edward Dale

Marquette Elder's Advisor

This column details the nuts and bolds of Medicare, noting that it Medicare is not always as familiar as it should be to beneficiaries, their advisors, or their doctors. This column presents an overview of Medicare's eligibility requirements, coverage, and appeals process.

Elder Law: General Practice With A Niche, Jane Rupprecht Mulcahy

Marquette Elder's Advisor

This article provides an overview of elder law practice and the importance of a client centered practice. Developing an elder law practice requires specialized marketing to the growing aging population. The elder law attorney must be knowledgeable in broad areas of law included in that practice. Expertise in property law and health care law are two of the most common areas of law practiced by elder law attorneys.

Psychological Perspectives On Competency, John Becker

Marquette Elder's Advisor

This article considers how law and psychology can work together cooperatively toward understanding the competency of individuals to make plans for themselves and to take care of themselves personally and financially.

Preventative Medicine Guidelines For The Geriatric Population, Lisa Dockter, David A. Simpson

Marquette Elder's Advisor

To promote and maintain the health of elders, it is critical that physicians adopt preventative medicine practices. This article examines the geriatric health maintenance research, which provides comprehensive guidelines for healthcare providers

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.

Medicare Reasonable And Medically Necessary Care: Skirmishes At The Front

Marquette Elder's Advisor

Medicare covers costs for health care deemed "reasonable and necessary" and excludes care classified as "experimental, investigative, or unproven." This article discusses coverage limits and the exceptions for which Medicare will authorize payment.

What Is Wrong With The Long-Term Care Reforms In The Defecit Reduction Act Of 2005? , Ellen O'Brien

Marquette Elder's Advisor

Cutting Medicaid is unlikely to substantially increase private sources of long-term care financing, and future financing reform needs to focus on the actual flaws in the current means-tested system of long-term care financing. In order to make this argument, this article briefly describes the goals of the DRA and the policy reforms that seek to limit eligibility for the middle-class elderly. Next, the article draws on a wide range of empirical studies conduct over the past two decades to demonstrate that the impact of Medicaid planning is not quantitatively significant, and that by and large, the elderly assume substantial personal …

State Implementation Of The Optional Provisios Of The Deficit Reduction Act , Julia Belian

Marquette Elder's Advisor

No abstract provided.

International Human Rights And The Elderly, Jaclynn M. Miller

Marquette Elder's Advisor

This article argues that despite the international instruments that make reference to the rights of the elderly, steps still need to be taken to ensure that both laws and enforcement policies are being created internationally and nationally to protect the elderly, especially those who need institutionalized care. For this to occur, better enforcement mechanisms must be created, primarily an international treaty specifically designed to protect the rights of the elderly. In the course of this argument, the article discusses the definition of old age, the existing international legal framework for the protection of the elderly, and examples of elder abuse. …

Age Discrimination In The Delivery Of Health Care Services To Our Elders, Phoebe Weaver Williams

Marquette Elder's Advisor

This article examaines age discrimination by health care providers. The author provides suggestions and recommendations to remedy this type of discrimination

Family Caregiving And The Law Of Succession: A Proposal, Thomas P. Gallanis, Josephine Gittler

University of Michigan Journal of Law Reform

As the American population ages, the need for long-term care, already great, will become even greater. Some of this care is paid for by government programs, such as Medicaid, and by individual long-term care insurance policies. But the combination of the public fisc and private insurance are, and will continue to be, insufficient to pay for all of the care our seniors and adults with disabilities need. The provision of care in a family residence by one or more family members is an important component of our health care delivery system and must be supported and encouraged by public policy …

Standards For Health Care Decision-Making: Legal And Practical Considerations, A. Kimberley Dayton

Faculty Scholarship

This Article explores the guardian’s role in making, or assisting the ward to make, health care decisions, and provides an overview of existing standards and tools that offer guidance in this area. Part II outlines briefly the legal decisions and statutory developments assuring patient autonomy in medical treatment, and shows how these legal texts apply to and structure the guardian’s role as health care decision-maker. Part III examines the range of legal and practical approaches to such matters as decision-making standards, determining the ward’s likely treatment preferences, and resolving conflicts between guardians and health care agents appointed by the ward. …

The Rights Of The Elderly In The Arab Middle East: Islamic Theory Versus Arabic Practice, Radwa S. Elsaman, Mohamed A. Arafa

Marquette Elder's Advisor

No abstract provided.