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Articles 331 - 360 of 380
Full-Text Articles in Elder Law
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.
What Is Wrong With The Long-Term Care Reforms In The Defecit Reduction Act Of 2005? , Ellen O'Brien
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
State Implementation Of The Optional Provisios Of The Deficit Reduction Act , Julia Belian
Marquette Elder's Advisor
No abstract provided.
Reality Check: The Dra's Impact On Seniors With Disabilities And Their Caregivers , Kim Dayton
Reality Check: The Dra's Impact On Seniors With Disabilities And Their Caregivers , Kim Dayton
Marquette Elder's Advisor
This article discusses the hardships on seniors with disabilities who are unable to qualify for Medicaid under the Deficit Reduction Act of 2005. The author argues for the repeal of the DRA and calls for policymakers and politicians to work towards a long-term care financing scheme that fairly distributes the costs of long term care across the broader population. The author begins by laying out the arguments that the nation cannot afford the cost of long-term care for the elderly and disabled, their entitlement to such care should be minimized, and individuals should plan for their own healthcare. The author …
Long Term Care In The Political Balance , Alison Barnes
Long Term Care In The Political Balance , Alison Barnes
Marquette Elder's Advisor
This article is a compilation of various observations from presenters at the Marquette University Law School's 2007 Health and Elder Law Symposium. The comments by the author connect the observations from the presenters at the Symposium with viewpoints from the various articles in the Marquette Elder's Advisor Volume 9, Article 1. The comments begin by discussing the Deficit Reduction Act of 2005 and its history of limiting Medicaid eligibility for elderly individuals who are disabled but are not destitute. The comments also discuss Medicaid planning, cost-of-living adjustments, and long term care insurance. The comments conclude by stating that the status …
When Never Happens: Implications Of Medicare's Never-Event Policy, Hudson T. Rowland
When Never Happens: Implications Of Medicare's Never-Event Policy, Hudson T. Rowland
Marquette Elder's Advisor
This article discusses the Healthiest Wisconsin 2010 (HW2010) statute and its implementation to improve patient care through a denial of payment to hospitals when a selected condition takes place. The state of Wisconsin has created a program to improve the state's overall health through a partnership between the state department of health, universities, and other health providers. While the two programs have their differences, this article explores how the Centers for Medicare and Medicaid Services can learn from Wisconsin and HW2010 to create a more reasonable plan to improve patient safety.
The Death Of The State Death Tax Credit: Can It Be Resuscitated?, Patrick R. Thiessen
The Death Of The State Death Tax Credit: Can It Be Resuscitated?, Patrick R. Thiessen
Marquette Elder's Advisor
This article provides an overview of the Economic Growth and Tax Relief Reconciliation Act of 2001's (EGTRRA's) estate tax reforms and how they have impacted the states. Additionally, this article examines the lessons that might be learned from the history of the state death tax credit, how the states developed their state estate taxation schemes based on the state death tax credit, the congressional decision to repeal the state death tax credit and the states' limited responses, two states' differing responses to EGTRRA, and the study of the possible impact of the evolving state estate taxation landscape on wealthy retirees …
Ptsd And Its Effects On Elderly, Minority, And Female Veterans Of All Wars, Craig M. Kabatchnick
Ptsd And Its Effects On Elderly, Minority, And Female Veterans Of All Wars, Craig M. Kabatchnick
Marquette Elder's Advisor
This article focuses solely on post-traumatic stress disorder (PTSD) in those soldiers who experienced combat during Korea, Vietnam, Afghanistan, and Iraq. Alarmingly, these veterans are aging without the proper care for PTSD. This article highlights the effects that PTSD has on aging veterans while offering solutions to promulgate a proper care facility for PTSD patients. There is also a focus on veterans who are unable to receive special care and ultimately commit a crime because of their PTSD. As a result, the concluding portion of this article focuses on those veterans who could possibly use PTSD as a viable legal …
The Normative Influence Of The Fifth Commandment On Filial Responsibility, Charlotte K. Goldberg
The Normative Influence Of The Fifth Commandment On Filial Responsibility, Charlotte K. Goldberg
Marquette Elder's Advisor
Goldberg's article looks at the Fifth Commandment's obligation of honoring one's parents as one source of filial responsibility laws. The article's goal is to suggest how concepts from the Jewish Law regarding the Fifth Commandment can add intangible benefit to undertaking the obligation of financial and physical care of an elderly parent.
A Survey Of The Fifty States' Grandparent Visitation Statutes, Michael K. Goldberg
A Survey Of The Fifty States' Grandparent Visitation Statutes, Michael K. Goldberg
Marquette Elder's Advisor
No abstract provided.
At The Crossroads Of Age And Disability: Can Practitioners Rely On The Amended Ada And The Adea To Provide Adequate Recourse For The Older Disabled Individual?, Christopher E. Pashler, Brian C. Lambert
At The Crossroads Of Age And Disability: Can Practitioners Rely On The Amended Ada And The Adea To Provide Adequate Recourse For The Older Disabled Individual?, Christopher E. Pashler, Brian C. Lambert
Marquette Elder's Advisor
This article explores the interconnectedness of age and disability in relation to the Americans with Disabilities Act of 1990 (ADA) and the Age Discrimination in Employment Act (ADEA). The purpose of the article is to explore the impact of recent ADEA litigation and the ADAAA on practitioners who are considering pleading either an ADEA claim or an ADA claim relating to age and disability.
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.
Elder Investments: A Critique Of Professional And Consumer Mediocrity, Errold F. Moody Jr.
Elder Investments: A Critique Of Professional And Consumer Mediocrity, Errold F. Moody Jr.
Marquette Elder's Advisor
This article deals with the investing problems faced by many elderly today. Moody asserts that investor problems are primarily caused by a lack of knowledge in all levels of American financing, investing, and retirement planning. The article examines recent systemic failures that demonstrate how lack of knowledge continues to promote system failure, despite its grievous impact on the elderly who rely on their investments for income when they can no longer work.
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.
Making Better Long-Term Care Decisions, Robert L. Kane Md
Making Better Long-Term Care Decisions, Robert L. Kane Md
Marquette Elder's Advisor
No abstract provided.
Negotiating For Resident-Centered Care, Eric M. Carlson
Negotiating For Resident-Centered Care, Eric M. Carlson
Marquette Elder's Advisor
This article examines how lack of consumer knowledge contributes to the current disparities in residential care. Carlson explains how consumers can negotiate for better service and get their care tailored to their specific needs through managing interactions with the healthcare professionals and facility staff. The article also acknowledges that there is currently a gradual change occurring in residential care.
Failing To Care: How Effective Compliance Prevents Institutional Elder Neglect, David R. Hoffman
Failing To Care: How Effective Compliance Prevents Institutional Elder Neglect, David R. Hoffman
Marquette Elder's Advisor
Hoffman discusses how criminal and civil action by way of state criminal statutes and the False Claims Act should be utilized against institutions that receive governmental funding to motivate them to provide residents with adequate services. The article outlines how elder care institutions can provide effective care for their residents through appropriate employment screening and on-boarding, reporting and monitoring and thorough investigative procedures
From The Editor: Introduction To The Kindness Of Strangers, Alison Barnes
From The Editor: Introduction To The Kindness Of Strangers, Alison Barnes
Marquette Elder's Advisor
No abstract provided.
"Death With Dignity": A Recipe For Elder Abuse And Homicide (Albeit Not By Name), Margaret K. Dore
"Death With Dignity": A Recipe For Elder Abuse And Homicide (Albeit Not By Name), Margaret K. Dore
Marquette Elder's Advisor
Death with Dignity Acts in Oregon and Washington authorize physicians to write life-ending prescriptions for their patients. This article addresses various problems with the Acts, including the wording about who may administer the lethal drug and the fact that both Acts lack a consent requirement when the lethal dose is administered. This article also addresses counter arguments offered by proponents of the Acts.
International Rights Of Older Persons: What Difference Would A New Convention Make To Lives Of Older People?, Israel Doron, Itai Apter
International Rights Of Older Persons: What Difference Would A New Convention Make To Lives Of Older People?, Israel Doron, Itai Apter
Marquette Elder's Advisor
This article tries to answer the following question: What difference, if any, would a new convention on the rights of older persons make to the lives of older people in light of the previous experiences with the Convention on the Eliminations of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC)? In order to answer this question, the authors focus on the existing legal literature on international human rights law, with a particular focus on international human rights treaties. To better understand international human rights treaties, the article also discusses the CRC …
Power Of Attorney: Convenient Contract Or Dangerous Document?, Catherine Seal
Power Of Attorney: Convenient Contract Or Dangerous Document?, Catherine Seal
Marquette Elder's Advisor
This article addresses the durable general power of attorney, tracing its evolution from general principles of agency law to the new Uniform Power of Attorney Act. The author also discusses the utility of the power of attorney as a tool to assist a senior who wishes to avail themselves of the services of an agent. From this perspective, the author addresses fiduciary duty and fiduciary liability, common problems with the power of attorney, and proposed methods of dealing with such problems.
International Human Rights And The Elderly, Jaclynn M. Miller
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. …
Policy And Custodial Grandparents, Carole B. Cox
Policy And Custodial Grandparents, Carole B. Cox
Marquette Elder's Advisor
In recent years there has been a rapid increase in a new type of American family, one in which grandparents have become the sole custodians of their grandchildren, raising them without any parent present. Government, through its policies, can play a major role in addressing the challenges that custodial grandparents face. This article discusses many of the key policies that impact the lives of custodial grandparents.
"Gray Touch": Professional Issues In The Uncertain Zone Between "Good Touch" And "Bad Touch", Joseph L. Daly, Michael S. Maza, Colleen M. Daly
"Gray Touch": Professional Issues In The Uncertain Zone Between "Good Touch" And "Bad Touch", Joseph L. Daly, Michael S. Maza, Colleen M. Daly
Marquette Elder's Advisor
This article explores “good touch,” “bad touch,” and the uncertain area of “gray touch.” First, this article examines the concept of “good touch.” Then, this article moves to the concept of “bad touch” and examines the role of the law in regulating touch. Finally, this article introduces the concept of “gray touch” and explores ways for professionals to approach the often misunderstood and troublesome issue of “touch” in our current murky and litigious environment.
New Standards For The Involuntary Commitment Of The Mentally Ill: "Danger" Redefined, Elizabeth A. Mcguan
New Standards For The Involuntary Commitment Of The Mentally Ill: "Danger" Redefined, Elizabeth A. Mcguan
Marquette Elder's Advisor
McGuan's article examines the way legislatures have amended their involuntary commitment statutes to allow for the more aggressive commitment of the mentally ill. The article discusses whether the definition of dangerous conduct in an Illinois amendment deprives a mentally ill person of a fundamental liberty interest guaranteed by the Constitution. The article begins with an overview of mental health law in the United States since World War II, followed by an analysis of the constitutionality of the Illinois amendment.
Life, Liberty, And The Pursuit Of Death Of The Inconvenient Other , Jonathan Penn
Life, Liberty, And The Pursuit Of Death Of The Inconvenient Other , Jonathan Penn
Marquette Elder's Advisor
This article looks at end-of-life issues, focusing on physician-assisted suicide, whether the United States government's numerous responsibilities created by the Older Americans Act and other similar acts, such as the government's financial limitations, and a growing elderly population will lead to a deterioration of society's view of elders and a legitimization and acceptance of assisted suicide.