Elder Law Commons^™

The Hidden Struggle: Challenges Older Women Face In Nevada, Annie Vong

Student Research

In 2020, almost one in five Nevadans was over the age of 65.[1] However, within this age group, women outnumber men due to longer life expectancies[2] and migration patterns. Women over 65 years of age make up an estimated 18.1% of the female population in Nevada.[3] Of the male population in Nevada, 15.1% are over 65 years of age.[4] Older women are less likely to be married, are less likely to have completed a bachelor’s degree, are more likely to drop out of the labor force, and are more likely to be living in poverty in …

So Many Have Died: Covid-19 In America's Nursing Homes, David M. English

Faculty Publications

As of the date of this writing in late September 2020, over 77,000 residents and staff of long-term care facilities have died of COVID-19 with more to come. This article will describe the reasons for this mass wave of death and provide practical suggestions for attorneys who represent a resident or family members of residents.

Texas Leads In Penalized Nursing Homes, Joanne Doroshow

Other Publications

No abstract provided.

Putting Boomers To Pasture: Does The 2010 Mippa Legislation Reinforce The Nursing Home Bias?, Robert S. Bloink

Pace Law Review

This article seeks to explore what lessons can be learned from how Medicaid end-of-life health care services are provided to the poor post-Olmstead, and how these lessons can be applied to middle class and upper middle class boomers. The article equally seeks to address how such lessons can be integrated into a meaningful dialogue with retiring boomers in a fashion that encourages discussion and decisions regarding end-of-life health care, as opposed to leaving such tough calls for surviving adult children.

To this end, Part II of this article begins by examining the hurdles seniors face in accessing HCBS after the …

The Medico-Legal Aspects Of Dementia-Driven Sexual Abuse In Nursing Homes, Lisa Tripp

Marquette Elder's Advisor

No abstract provided.

Pay-For-Performance In Five State Medicaid Programs: Lessons For The Nursing Home Sector, Edward M. Miller, Julia Doherty

Office of Community Partnerships Posters

This project looks at the pay-for-performance program in five state Medicaid programs and lists the lessons that the Nursing Home Sector can learn from. They are: The federal government has traditionally sought to ensure quality outcomes through nursing home (NH) surveys conducted by state officials; Some states have begun to experiment with pay-for-performance (P4P) incentives, which provider higher Medicaid reimbursement to those facilities achieving desired outcomes; By 2007, there were 9 state P4P programs covering 20% of NHs and 16.7% of residents; Little is known about the use of P4P to promote quality and efficiency in the NH sector.

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.

Mental Health Treatment In Nursing Homes, Victor A. Molinari, Kathryn Hyer, Laurence G. Branch, David A. Chiriboga, Lawrence Schonfeld

Marquette Elder's Advisor

No abstract provided.

A Senior Moment: The Executive Branch Solution To The Problem Of Binding Arbitration Agreements In Nursing Home Admission Contracts, Lisa Tripp

Campbell Law Review

No abstract provided.

The Responsible Thing To Do About "Responsible Party" Provisions In Nursing Home Agreements: A Proposal For Change On Three Fronts, Katherine C. Pearson

University of Michigan Journal of Law Reform

Nursing homes routinely seek the signature of a family member on nursing home agreements, calling the signer a "responsible party" or sponsor for the resident. Federal Medicare and Medicaid law provides that participating facilities must "not require a third party guarantee of payment to the facility as a condition of admission ...to, or continued stay, in the facility. "Nonetheless, if federal benefits prove to be unavailable, courts are holding responsible parties contractually liable for thousands of dollars for the care of their elders. This Article proposes private and public responses to the increasing likelihood that nursing homes will seek collection …

Still Part Of The Clan: Representing Elders In The Family Law Practice, Sy Moskowitz

Law Faculty Publications

No abstract provided.

Watching Out For Grandma: Video Cameras In Nursing Homes May Help To Eliminate Abuse, Tracey Kohl

Fordham Urban Law Journal

This Comment examines the arguments for and against the proposal to grant nursing home residents and their guardians a legal right to install video cameras for protection. Part I discusses the current state of federal nursing home regulation. It focuses on the problems impeding effective enforcement of these regulations that have led to the current crisis in nursing home quality of care. Part II examines how the proposed video surveillance might affect various privacy interests within a nursing home setting. Part III addresses the economic concerns of granny cam opponents. Part IV concludes that with careful drafting, federal legislation requiring …

Dead Hands And State Actors: Theracially Discriminatory Charitable Trustin Hermitage Methodist Homes, Dean Barclay

Washington and Lee Journal of Civil Rights and Social Justice

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

Journal of Health Care Law and Policy

No abstract provided.

Michigan's Nursing Home Reform Law, John D. Croll

University of Michigan Journal of Law Reform

This article examines Michigan's new nursing home reform law, which has been hailed as "landmark legislation" and as a model for the entire country. Part I examines the past failures of nursing home regulation and the need for reform. Part II analyzes the law's key provisions. Part III examines the weaknesses of certain enforcement measures. The article proposes the following improvements: (1) extension of the law's protection to residents of homes for the aged; (2) greater access to patients by approved organizations; (3) adoption of nurse-patient ratios; (4) improvement of inspection procedures; and (5) allowance for patients or their representatives …

New York's Revised Nursing Home Legislation, Michael G. Mcgee

University of Michigan Journal of Law Reform

This note undertakes an analysis of the extensive package of nursing home legislation recently enacted in New York. First, specific regulations will be examined in relation to problems they are designed to remedy. Next, the note critically appraises three key, innovative provisions, making recommendations for implementation or revision of each. Finally, the broad changes needed to bring about lasting improvement of nursing care are discussed and a summary of pending legislation is provided.