Ensure Your Pet's Future: Estate Planning For Owners And Their Animal Companions ,
2012
Marquette University Law School
Ensure Your Pet's Future: Estate Planning For Owners And Their Animal Companions , Rachel Hirschfeld
Marquette Elder's Advisor
Pets are a central and vital part of their owners' lives, and it is statistically well-documented that seniors and people with health issues derive substantial benefits from their pets. However, pet owners often do not consider what will happen to their pets if they die or become disabled. Many older people do not have pets because they are concerned about who will care for their pets if they become disabled or die and their pet survives them. Often, older people would like to have a pet companion and would benefit from acquiring one or keeping the one they already have. …
Fillial Responsibility: A Survey Across Time And Oceans ,
2012
University of Miami School of Law
Fillial Responsibility: A Survey Across Time And Oceans , Andrea Rickles-Jordan
Marquette Elder's Advisor
In the United States, Medicare and Medicaid are helping fund the cost of caring for the elderly. However, long before these programs existed, several states enacted statutes requiring children to care for their elderly parents. These filial responsibility statutes still exist in many states today, although their effectiveness and use has been called into question by opponents. To understand the current need for these statutes, this article first looks at the reasons the statutes were created. The article then follows their growth throughout the history of the world and the United States. As further means of comparison, the article examines …
Narrowing Medicaid's Ltc Coverage? The Inplications Of The Dra's Home And Community-Based Care Benefit ,
2012
Marquette University Law School
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? ,
2012
Marquette University Law School
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 ,
2012
University of Missouri- Kansas City
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 ,
2012
William Mitchell College of Law
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 ,
2012
Marquette University Law School
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 …
Table Of Contents,
2012
Marquette University Law School
When Never Happens: Implications Of Medicare's Never-Event Policy,
2012
Indiana University Maurer School of Law and Kelley School of Business
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?,
2012
Marquette University Law School
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,
2012
Marquette University Law School
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,
2012
Loyola Law School
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,
2012
Marquette University Law School
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?,
2012
Marquette University Law School
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.
Table Of Contents,
2012
Marquette University Law School
The Role Of Private Responsibility In Closing The Gap Between Knowledge And Practice In Long-Term Care,
2012
Southern Illinois University School of Law and School of Medicine
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,
2012
Marquette University Law School
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,
2012
Marquette University Law School
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,
2012
University of Minnesota School of Public Health
Making Better Long-Term Care Decisions, Robert L. Kane Md
Marquette Elder's Advisor
No abstract provided.
Negotiating For Resident-Centered Care,
2012
Marquette University Law School
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.
