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Articles 331 - 360 of 369
Full-Text Articles in Elder Law
In Search Of The Golden Years: How Compulsory Licensing Can Lower The Price Of Prescription Drugs For Millions Of Senior Citizens In The United States, Debjani Roy
Cleveland State Law Review
This article will show that compulsory licensing is the best remedy for the escalating cost of prescription drugs in the United States. Section II will provide a historical overview of American pharmaceutical patent law and will introduce the concept of compulsory licensing as a method to decrease the high cost of prescription drugs for senior citizens in the United States. Section III will look at the newly enacted Medicare Prescription Drug and Modernization Act, and state and local government plans to import cheaper brand-name prescription drugs from Canada. Section IV will look at the United States' international support for compulsory …
Income Tax Planning For Long-Term Care, David M. English
Income Tax Planning For Long-Term Care, David M. English
Faculty Publications
Planning for long-term involves more than the preparation of powers of attorney and counseling on possible asset transfers to qualify for Medicaid reimbursement. Steps should also be taken to make certain that the person receiving care continues to file an income tax return and does so at a minimum possible income tax cost. Practitioners should be familiar with the procedure for filing a return on behalf of an incapacitated individual. The medical expense deduction, while of little importance for most taxpayers, is critical for many elderly, particularly for those receiving long-term care. Long-term care insurance and life insurance may be …
Winning The Battle, But Losing The War: Purported Age Discrimination May Discourage Employers From Providing Retiree Medical Benefits, 35 J. Marshall L. Rev. 709 (2002), Christopher E. Condeluci
Winning The Battle, But Losing The War: Purported Age Discrimination May Discourage Employers From Providing Retiree Medical Benefits, 35 J. Marshall L. Rev. 709 (2002), Christopher E. Condeluci
UIC Law Review
No abstract provided.
The Uniform Health-Care Decisions Act And Its Progress In The States, David M. English
The Uniform Health-Care Decisions Act And Its Progress In The States, David M. English
Faculty Publications
Over the past decade, planning for health care decision making through the making of an advance directive has become a routine part of personal counseling. Public interest in the subject has been fueled by well-publicized cases such as Cruzan v. Director, Missouri Department of Health, 497 U.S. 261 (1990). In response to this interest, most states authorize their citizens to make at least one form of advance directive: all states statutorily authorize powers of attorney for health care, and all but Massachusetts, Michigan and New York authorize living wills. State legislation has been a mixed blessing. Although intended to facilitate …
Be Careful What You Ask For: The Repeal Of The Boren Amendment And Continuing Federal Responsibility To Assure That State Medicaid Programs Pay For Cost Effective Quality Nursing Facility Care, Malcolm J. Harkins Iii
Be Careful What You Ask For: The Repeal Of The Boren Amendment And Continuing Federal Responsibility To Assure That State Medicaid Programs Pay For Cost Effective Quality Nursing Facility Care, Malcolm J. Harkins Iii
Journal of Health Care Law and Policy
No abstract provided.
Federal Law Enforcement In Long Term Care, Marie-Therese Connolly
Federal Law Enforcement In Long Term Care, Marie-Therese Connolly
Journal of Health Care Law and Policy
No abstract provided.
The Crisis In The Long-Term Care Workforce, Karl Pillemer, Mark S. Lachs
The Crisis In The Long-Term Care Workforce, Karl Pillemer, Mark S. Lachs
Journal of Health Care Law and Policy
No abstract provided.
The Nursing Home Crisis: Views From A Trustee In The Nonprofit Sector, Marshall B. Kapp
The Nursing Home Crisis: Views From A Trustee In The Nonprofit Sector, Marshall B. Kapp
Journal of Health Care Law and Policy
No abstract provided.
Voting And Nursing Home Residents: A Survey Of Practices And Policies, Joan L. O'Sullivan
Voting And Nursing Home Residents: A Survey Of Practices And Policies, Joan L. O'Sullivan
Journal of Health Care Law and Policy
No abstract provided.
Shalala V. Illinois Council On Long Term Care: The United States Supreme Court Confounds The Crisis In Nursing Home Care With An Unneeded Jurisdictional Channeling Requirement, Marko W. Kipa
Journal of Health Care Law and Policy
No abstract provided.
Statutory Limits On Punitive Damages In Nursing Home Negligence Tort Actions: Preventing The Collapse Of The Private Nursing Home, Terrance J. Shanahan
Statutory Limits On Punitive Damages In Nursing Home Negligence Tort Actions: Preventing The Collapse Of The Private Nursing Home, Terrance J. Shanahan
Journal of Health Care Law and Policy
No abstract provided.
Public Policy Implications Of Liability Regimes For Injuries Caused By Persons With Alzheimer's Disease, Edward P. Richards
Public Policy Implications Of Liability Regimes For Injuries Caused By Persons With Alzheimer's Disease, Edward P. Richards
Georgia Law Review
People in the United States and the developed world are living longer than ever before. While gains in the average life expectancy have been modest, these gains greatly underestimate the growth of the elderly population. Most of this elderly population is healthier and more active in everyday life than people of comparable age in decades past. The amelioration of many of the diseases of age has accentuated the problems of the chronic diseases for which there are no effective treatments. Perhaps the most devastating of these is Alzheimer's disease, a progressive dementia leading to incapacity and death. As discussed in …
Lawyers' Ethical Dilemmas: A "Normal" Relationship When Representing Demented Clients And Their Families, Robert B. Fleming, Rebecca C. Morgan
Lawyers' Ethical Dilemmas: A "Normal" Relationship When Representing Demented Clients And Their Families, Robert B. Fleming, Rebecca C. Morgan
Georgia Law Review
The Anglo-American legal system, based as it is on an adversary system of justice, assumes that two or more legal combatants, capably arguing their respective positions, can best ensure that the correct answer will become apparent to a neutral decisionmaker, the judge. The system assumes competent parties with adept legal representation, presenting their respective sides of the case with little involvement by the judge. This ideal can be difficult, even impossible, to reach when one party is demented.' Indeed, in such a case the problem with this traditional legal model is even deeper-there may be no clear adversarial distinction between …
Decisionmaking At The End Of Life: Patients With Alzheimer's Or Other Dementias, Leslie P. Francis
Decisionmaking At The End Of Life: Patients With Alzheimer's Or Other Dementias, Leslie P. Francis
Georgia Law Review
Patients with dementia present difficult issues for health-care decisionmaking. This article addresses the moral and legal issues posed by end of life decisionmaking for such patients. In general, the ethical goals of care are to assure that patients' choices are respected and that patients' best interests are protected. These goals may not always recommend the same decisions about care, however, and there is controversy about how they should be balanced when they conflict. In addition, the law may not always further these goals, nor be as helpful as it could be in resolving conflicts between them. In the bioethics literature, …
Freedom Fading: On Dementia, Best Interests, And Public Safety, Bruce Jennings
Freedom Fading: On Dementia, Best Interests, And Public Safety, Bruce Jennings
Georgia Law Review
Having Alzheimer's Disease does not make a person evil, but it does sometimes cause behavior that poses a danger to the person with dementia or to others. On what grounds can we justify overriding and restricting the liberty of a person with dementia? How far should such restrictions go? Who should authorize them and who should carry them out, and under what theory? Given that all behavior carries some degree of risk, what level of risk is acceptable? What should society tolerate as a part of the back- ground conditions within which most people conduct their lives? To what level …
Predictive Genetic Testing For Alzheimer's Disease In Long-Term Care Insurance, Mark A. Rothstein
Predictive Genetic Testing For Alzheimer's Disease In Long-Term Care Insurance, Mark A. Rothstein
Georgia Law Review
The promise of new genetic research is the ability to prevent, treat, and cure a wide range of physical and mental disorders-both monogenic and complex disorders. While astonishing progress has been made in gene discovery and the development of genetic tests, progress has been much slower in developing medicalinterventions. Consequently, there is likely to be a gap of varying and indetermi- nate time-lasting years or decades-between the ability to identify and predict genetic risk and the ability to prevent, treat, or cure the condition. The gap between the ability to predict genetic risk and the ability to ameliorate the risk …
Dispute Resolution And Dementia: Seeking Solutions, Erica F. Wood
Dispute Resolution And Dementia: Seeking Solutions, Erica F. Wood
Georgia Law Review
With the rise in dementia, 2nd and 3rd party disputes will be more frequent. The elderly population with cognitive impairments is growing rapidly. By 2030, the population aged 65 years and older is expected to reach 70 million, more than double the number in 1998.1 Moreover, the older population itself is getting older. While a decline in mental function is not an inevitable part of the normal aging process, the likelihood of dementia or related brain disorders increases with advancing age. The prevalence of dementia doubles every five years in the elderly, growing from a disorder that affects one percent …
Foreword, Edward D. Spurgeon, Charles P. Sabatino, Nancy M. Coleman, Stephen R. Mcconnell, Rebecca C. Morgan
Foreword, Edward D. Spurgeon, Charles P. Sabatino, Nancy M. Coleman, Stephen R. Mcconnell, Rebecca C. Morgan
Georgia Law Review
The Joint Conference on Legal/Ethical Issues in the Progression of Dementia grew out of the pressing need to address the very real legal and ethical dilemmas that arise in situations like the one of Marie McDonough Larson and her family. Five groups joined forces to sponsor the Conference: the Borchard Foundation Center on Law and Aging; the Alzheimer's Association; the American Bar Association's Commission on Legal Problems of the Elderly; the National Academy of Elder Law Attorneys; and the University of Georgia School of Law. Held at the Center for Continuing Education at the University of Georgia, the Conference spanned …
Dementia Research: Ethics And Policy For The Twenty-First Century, Rebecca Dresser
Dementia Research: Ethics And Policy For The Twenty-First Century, Rebecca Dresser
Georgia Law Review
People in developed countries rank dementia among the most feared threats to human health and life. With an increasing portion of the U.S. population living into the seventh, eighth, and ninth decades, the incidence of dementia is on the rise. So is the incidence of dementia research. In an effort to lighten the burdens on future patients and caregivers, government agencies, pharmaceutical companies, and philanthropic organizations are devoting abundant resources to the study of dementia. Like most human endeavors, dementia research can yield both benefits and harms. On the positive side, research holds out the possibility of better medications and …
Thinking About Life-Sustaining Treatment Late In The Life Of A Demented Person, Thomas Finucane
Thinking About Life-Sustaining Treatment Late In The Life Of A Demented Person, Thomas Finucane
Georgia Law Review
This paper will consider a specific clinical situation: an elderly patient with dementia who becomes seriously ill, where treatment would likely be burdensome but might prolong life. Generic questions are described and the lawyerly Standard Paradigm is developed. Questions are raised about every step of the Standard Paradigm. Finally, there is a discussion of two treatment decisions that are commonly faced late in the course of advanced dementia: tube feeding and attempted cardiopulmonary resuscitation.
Nursing Home Residents And The New California Health Care Decisions Law, David M. English, Rebecca C. Morgan
Nursing Home Residents And The New California Health Care Decisions Law, David M. English, Rebecca C. Morgan
Faculty Publications
This article explores issues involving advance directives made by nursing home residents, both prior to and during their stay in a facility, including the frequency of making directives, the reasons why residents fail to make directives, and the reasons why facilities often fail to honor them. Specifically, this article examines these issues in light of the 1999 California Health Care Decisions Law, effective July 1, 2000, and focuses on how this new statute can be used to empower nursing home residents, and adults more generally, to take control of decisions regarding their own health care.
The Implementation Of Oregon’S Death With Dignity Act: Reassuring, But More Data Are Needed, David Orentlicher
The Implementation Of Oregon’S Death With Dignity Act: Reassuring, But More Data Are Needed, David Orentlicher
Scholarly Works
Undoubtedly, empirical data from Oregon will play a key role for academics, legislators, judges, and the public as debate over the legalization of physician-assisted suicide continues. A central issue in the debate is whether a right to assisted suicide can be limited to only the truly compelling cases, or whether it will in practice be provided to patients who choose it out of depression, coercion, or misunderstanding. Empirical research can provide critical insights into this question.
Empowering And Protecting Patients: Lessons For Physician-Assisted Suicide From The African-American Experience, Leslie E. Wolf, Patricia A. King
Empowering And Protecting Patients: Lessons For Physician-Assisted Suicide From The African-American Experience, Leslie E. Wolf, Patricia A. King
Faculty Publications By Year
No abstract provided.
Guardianships And Conservatorships, Oregon Law Institute, S. Jane Patterson, Mark M. Williams, Maggie Biondi, Carol J. Kyle, Jennifer L. Wright, Elizabeth Welch
Guardianships And Conservatorships, Oregon Law Institute, S. Jane Patterson, Mark M. Williams, Maggie Biondi, Carol J. Kyle, Jennifer L. Wright, Elizabeth Welch
Oregon Law Institute, 1997
Course Materials from the October 10, 1997 Program in Portland
Foundations Of Elderlaw, Oregon Law Institute, Mark M. Williams, Dady K. Blake, Maggie Biondi, J. Geoffrey Bernhardt, Kristianne Cox, S. Jane Patterson, Cinda M. Conroyd, Wesley D. Fitzwater, Elizabeth A. Mckinney
Foundations Of Elderlaw, Oregon Law Institute, Mark M. Williams, Dady K. Blake, Maggie Biondi, J. Geoffrey Bernhardt, Kristianne Cox, S. Jane Patterson, Cinda M. Conroyd, Wesley D. Fitzwater, Elizabeth A. Mckinney
Oregon Law Institute, 1997
Course Materials from the April 18, 1997 Program in Portland
This Is Who Will Die When Doctors Are Allowed To Kill Their Patients, 31 J. Marshall L. Rev. 95 (1997), Michael Mcgonnigal
This Is Who Will Die When Doctors Are Allowed To Kill Their Patients, 31 J. Marshall L. Rev. 95 (1997), Michael Mcgonnigal
UIC Law Review
No abstract provided.
Medicaid Eligibility Planning For Aged Clients In Virginia, Jonathan D. Frieden
Medicaid Eligibility Planning For Aged Clients In Virginia, Jonathan D. Frieden
University of Richmond Law Review
The Medicaid program is a jointly financed federal and state assistance program established under Title XIX of the Social Security Act of 1965. The purpose of the program is to provide "federal financial assistance to States that choose to reimburse certain costs of medical treatment for needy persons." The Medicaid program's federal statutory and regulatory framework was described by Justice Powell of the United States Supreme Court as "among the most intricate ever drafted by Congress." Justice Powell added that the Act's "Byzantine construction... makes [it] 'almost unintelligible to the uninitiated." To add to these already significant difficulties, each state …
Protecting Those Who Cannot Protect Themselves: Ethically Representing The Impaired Client, Oregon Law Institute, Stephen R. Moore, Jeffrey D. Shapiro, Steven Charles Smith, Susan M. Svetkey, Laurah Sebastian, Peter R. Jarvis
Protecting Those Who Cannot Protect Themselves: Ethically Representing The Impaired Client, Oregon Law Institute, Stephen R. Moore, Jeffrey D. Shapiro, Steven Charles Smith, Susan M. Svetkey, Laurah Sebastian, Peter R. Jarvis
Oregon Law Institute, 1996
Course Materials from the December 6, 1996 Program in Portland
Long Term Care Coverage: The Role Of Advocacy, Anthony H. Szczygiel
Long Term Care Coverage: The Role Of Advocacy, Anthony H. Szczygiel
Journal Articles
No abstract provided.
The Guardianship Puzzle: Whatever Happened To Due Process?, Diane E. Hoffmann, Joan L. O'Sullivan
The Guardianship Puzzle: Whatever Happened To Due Process?, Diane E. Hoffmann, Joan L. O'Sullivan
Faculty Scholarship
No abstract provided.