Tuesday, May 31, 2005
We are pleased to announce the launch of two new blogs as part of our Law Professor Blogs Network:
These blogs join our existing blogs:
- AntitrustProf Blog (Shubha Ghosh (SUNY Buffalo))
- ContractsProf Blog (Carol Chomsky (Minnesota) & Frank Snyder (Texas-Wesleyan))
- CrimProf Blog (Jack Chin (Arizona) & Mark Godsey (Cincinnati))
- Health Law Prof Blog (Betsy Malloy (Cincinnati) & Tom Mayo (SMU))
- LaborProf Blog (Rafael Gely (Cincinnati))
- Law Librarian Blog (Joe Hodnicki (Cincinnati))
- Law School Academic Support Blog (Dennis Tonsing (Roger WIlliams) & Ellen Swain (Vermont))
- Media Law Prof Blog (Cristina Corcos (LSU))
- Sentencing Law & Policy Blog (Douglas Berman (Ohio State))
- TaxProf Blog (Paul Caron (Cincinnati))
- Tech Law Prof Blog (Jonathan Ezor (Touro) & Michelle Zakarin (Touro))
- White Collar Crime Prof Blog (Peter Henning (Wayne State) & Ellen Podgor (Georgia State))
- Wills, Trusts & Estates Prof Blog (Gerry Beyer (Texas Tech))
LexisNexis is supporting our effort to expand the network into other areas of law. Please email us if you would be interested in finding out more about starting a blog as part of our network.
E-mail communications between lawyer and client are protected by the attorney client privilege. But it's always best to cover your bases. We like elder law attorney John Payne's confidentiality notice and disclaimer:
This electronic transmission may contain information vital to national
security, subject to the attorney-client privilege, in violation of the
privilege against self-incrimination, personally embarrassing to the
President or other high officials, or simply Very Imporatant. The
within electronic transmission, whether actually transmitted
electronically or printed using teletype, dot-matrix, thermofax,
inkjet, laser, or quill-and-paper copying from the monitor or other
method of display, without regard to whether the display is CGA, EGA,
IGA, VGA, Super-VGA, or XGA, and without regard to whether the monitor
is monochrome or color, CRT, LCD, plasma, or a candle behind a stencil,
or manually conveyed, mailed, FedExed, UPSed, Airborned, Suborned,
Borned-Again, or shot across the room with a rubber band (hereinbelow
referred to as an email) and all information contained herein is
subject to absolute privilege and is confidential and is intended to be
read or used by no one, including the individuals or entities
identified in the communication "To"and "Copy" addresses. Whether or
not you are not the intended recipient, or an employee or agent
responsible for delivering it to the intended recipient, or an innocent
bystander (assuming that such an entity exists) you are hereby
forbidden to read any of the forgoing and are ordered, on pain of
death, to forget everything you have read, to immediately burn any
hardcopy reproduction of this email and ingest the ashes, and to
hard-format all drives on the receiving machine or network, forthwith.
You are also ordered to immediately transmit a lethal virus to the ISP
server from which this communication eminated in order to prevent any
further dissemination. You are ordered not to read, save, print,
distribute or copy this communication in any way. You have received
this communication in error. If you think you are the correct
recipient, please notify us immediately by telephone at 313 563 4900,
or by carrier pigeon, then delete the original communication from your
system and destroy any printed copies that may have been made, just in
case you are, in fact, not the correct recipient. The person or entity
listed in the "From" address rarely types an email address--or anything
else--correctly, so it is extremely unlikely that this email is
anything other than a huge mistake, for which the person or entity
listed in the "From" address offers his, her, or its abject apology,
but denies any legal liability, and in fact denies actually having
transmitted, sent, mailed, or otherwise conveyed anything.
Furthermore, the person or entity listed in the "From" address
disclaims any and all liability for any injury arising out of or from
any statement or information contained in this email. The reader agrees
to release the person or entity listed in the "From" address and anyone
who might be responsible for his debts, from any action or claim, of
whatever nature, arising from the transmission or conveyance of this
email--which transmission or conveyance is expressly denied. This
release shall be binding on the reader and anyone who might claim
through the reader or on the reader's behalf.
This is a full release of every sort of liability, whether the reader
knows that there is potential liability or not. The reader expressly
waives any law providing that releases only apply to claims that are
known to the person executing the release.
The above legal advice is conveyed and warranted to be free of all
claims and encumbrances and is guaranteed to be worth the price paid
for it. This express warranty is offered in lieu of all implied
warranties and the reader specifically waives any implied warranty of
merchantability or fitness for a particular purpose. The author
explicitly reserves the right to eat any word or words above, with or
without just cause and with or without condiments. This is a work of
fiction and any resemblance to any person, living, dead or unborn, or
to any actual legal principle, is not only unintended, but probably a
mistake. Readers are advised to consult competent legal counsel before
acting in reliance on any portion of the above, including any
disclaimer expressed or implied. Readers are further warned that the
only difference between a Boy Scout troop and the bar associations of
most states is that the Boy Scout troop has adult supervision.
Therefore the accuracy and value of the advice of competent legal
counsel other than the author are specifically included in this
disclaimer of all warranties. The act of reading this post, however
odious or unpleasant, shall not be deemed detrimental reliance giving
rise to a contract requiring the author to give fair consideration by
writing something sensible. This disclaimer should be read before
anything above and the reader expressly admits having read and fully
understood this disclaimer before reading any of the above drivel.
Used with permission, of course.
- Impact of Increasing Out-of-Pocket Costs on Medicaid and SCHIP Beneficiaries: A new Kaiser Commission on Medicaid and the Uninsured brief reviews the impact of increasing premiums and cost sharing on Medicaid and SCHIP beneficiaries,including the impact on enrollment in public coverage programs, access to care, and providers.
- KCMU Report Examines How States Manage Medicaid Prescription Drug Benefit: explores how four state Medicaid programs — Washington, Wyoming, Minnesota, and North Carolina —
differ in their use of Oregon’s Drug Effectiveness Review Project (DERP) to
manage their prescription drug benefit.
Sunday, May 29, 2005
Now it is true that I believe this country is following a dangerous trend when it permits too great a degree of centralization of governmental functions. I oppose this--in some instances the fight is a rather desperate one. But to attain any success it is quite clear that the Federal government cannot avoid or escape responsibilities which the mass of the people firmly believe should be undertaken by it. The political processes of our country are such that if a rule of reason is not applied in this effort, we will lose everything--even to a possible and drastic change in the Constitution. This is what I mean by my constant insistence upon "moderation" in government. Should any political party attempt to abolish social security, unemployment insurance, and eliminate labor laws and farm programs, you would not hear of that party again in our political history. There is a tiny splinter group, of course, that believes you can do these things. Among them are H. L. Hunt (you possibly know his background), a few other Texas oil millionaires, and an occasional politician or business man from other areas. Their number is negligible and they are stupid.
Dwight D. Eisenhower,
Don't believe it? Here's what Urban Legends has to say....
Saturday, May 28, 2005
Jill Braden Balderas, managing editor of kaisernetwork.org, speaks to Susan Starr Sered, Ph.D., co-author of Uninsured in America, Life and Death in the Land of Opportunity about the more than 40 million Americans currently without health insurance coverage. Sered and her co-author Rushika Fernandopulle interviewed 120 Americans across the country and draws on their experiences to create a personal journey through the lives of the uninsured.
Friday, May 27, 2005
Scholars will be thrilled to know that the University of Michigan Institute for Social Research PSID has announced the following data release: "The 2003 Family Wealth Data and Codebook are now available in the Data Center. These data build on existing wealth data from years 1984, 1989, 1994, 1999, and 2001 and are made possible with generous support from the National Institute on Aging."
Thanks, as always, to CAAR for this tidbit.
On May 24, 2005, attorneys from the Center for Medicare Advocacy filed a
lawsuit in federal court in Hartford challenging the Medicare=s refusal
to send a copy of Initial Determination notices to the representative of
the beneficiary. The suit was filed on behalf of a nationwide class of
The case, Lirot v. Leavitt, was brought because, without receiving a
copy of the notice, representatives frequently do not know that an
initial determination has been issued and that the time to seek review
is running. They are dependent on the beneficiary to decipher the
Medicare Summary Notice (MSN), which the Secretary deems an initial
determination, and to grasp that the representative needs to be informed
of its content. The failure to seek redetermination of the initial
determination cuts off the beneficiary from any possibility of
administrative or judicial review, unless the intermediary can be
convinced that there was good cause for the failure.
Wednesday, May 25, 2005
David R. Francis on social security issues around the world. We're not the only nation facing a crisis.
The World Bank appears to have bowed to criticism of the so-called World Bank pension model by put ting forward a new five-pillar framework. The bank’s model was outlined more than a decade ago in ‘Averting the Old Age Crisis’ and has been used as a framework in many developing countries. It introduced the three-pillar model and the concept of mandatory individual funded savings. But it has come under fire for being inefficient and benefiting asset managers at the expense of pensioners.
Read the rest of the story here. Related links:
This week's non-elder law link leads you to the
rare book collection of the Missouri Botanical Garden.
The government of Canada maintains a blog/newsfeed that provides one-stop access to releases from all Canadian governmental agencies. The feed includes regular postings on news of interest to seniors and many other constiuencies. Access the Seniors section here.
"A coalition of more than 150 major corporations, unions, healthcare organizations, religious groups, and pension providers representing more than 150 million Americans came together this week to tell Congress and the president that they're focusing on the wrong issue.
The healthcare system is in crisis today. Social Security is not," says Henry Simmons, president of the National Coalition on Health Care in Washington. "Healthcare is a far more serious, immediate, and destructive problem than Social Security."
- National Coalition on Healthcare Webcast (5/23/05
- Kaiser Family Foundation Reports on Health Care Costs
- U.S Health Care Spending Projections--2004-2014(from Health Affairs)
Tuesday, May 24, 2005
The Senate Homeland Security and Governmental Affairs
Committee and the Government Information and International
Security Subcommittee are hosting an event today entitled
"An Overview of the Competitive Effects of Specialty
Hospitals, focusing on the financial benefits
that accrue to Medicare."
Sorry, but I don't see the connection.
Should I be concerned?
Source: Kaiser Network Daily Edition.
Source: Kaiser Network Daily Edition.
The National Association of Health Underwriters has established a health care coverage options database detailing health care insurance options available to consumers, including high-risk customers. The Database is
"an on-line tool to help make American health care consumers aware of all of the coverage options available to them. The Database contains information about private health insurance coverage, as well as the many public and private programs available to Americans to help them obtain the medical care they need. Policymakers, the media and other interested parties can also use the Database as a means of comparing health care coverage options for Americans on a state-by-state basis."
Specific areas covered in the database include Employer-Based Health Insurance Coverage, Individual Health Insurance Coverage, Assistance for Obtaining Health Coverage, and Health Care Coverage Contacts.
Monday, May 23, 2005
CMS has announced that it has awarded a contract to NDCHealth, based in Atlanta, GA,
"to provide the electronic services as part of a system for calculating Medciare Part D beneficiaries’ "True Out-Of-Pocket costs." NDCHealth is required to provide routing of claims for benefits paid by entities other than Medicare back to the prescription drug plans to ensure that what seniors pay at pharmacy counters takes into account the proper level of their Medicare coverage. The $416,700, one-year contract with three one-year extensions requires NDCHealth to develop an electronic system similar to systems that pharmacists already use to bill insurance plans for prescription drug claims. The contract also includes up to $3.9 million for processing transactions during a single year. "
Friday, May 20, 2005
Financial exploitation of the elderly is the most common type of elder abuse. According to Business Wire, the California Bankers Association is sponsoring state legislation aimed at the problem:
The banking industry is sponsoring AB 1664 (Gordon), a measure that would make California the first state in the Union to require its bank employees to be trained to identify, report and prevent elder financial abuse. Competing bills would require banks and their employees to become "mandated reporters" of suspected cases of elder financial abuse - and would institute both criminal and civil penalties for failure to report.
"Banks will continue to play an integral role in the identification and prevention of elder financial abuse," said Lamkin. "But the idea of forcing banks and bank tellers to become 'mandating reporters' does nothing to actually help consumers and keep their assets safe. To end financial abuse we have to keep money out of the hands of fraudsters, not create reports after-the-fact."
In addition to its legislative proposal, CBA is currently offering training materials, including a written manual and training video, free-of-charge on its Web site (www.calbankers.com). Financial institutions and consumers alike are encouraged to access these materials to learn more about spotting possible elder financial abuse schemes and what can be done to help senior Californians avoid becoming victims of this crime.
From more information on financial abuse of the elderly, see
- The National Elder Law Network, Elder Abuse - Financial Exploitation by a Conservator
- The National Committee for the Prevention of Elder Abuse, Financial Abuse