Friday, June 29, 2012
The Consumer Financial Protection Bureau's Request for Information on Senior Financial Exploitation (RFI) is now in the Federal Register. The request seeks information on elder financial abuse and exploitation as well as certifications or designations of financial advisors who serve seniors. The Bureau is seeking as robust a response as possible. If you have regular membership calls or email communications (such as a listserv) and if you think it is appropriate to let your membership know about the RFI, please encourage comment submissions. There is a sixty (calendar) day window for responses. The last day for responses is August 17th.
Here is the link to the Request https://www.federalregister.gov/articles/2012/06/19/2012-14854/request-for-information-regarding-senior-financial-exploitation
This is a unique opportunity for advocates and practitioners to let the CFPB know what they are seeing and experiencing personally and professionally on the issue of elder financial abuse and exploitation. In addition to questions about senior financial advisor certifications and advice, there are questions concerning financial literacy efforts, power of attorney and guardian abuse, affinity frauds and financial exploitation of older veterans.
Legal Writing Opportunities
Thinking about writing article-length legal treatments or know someone who has an interest in writing? Thomson Reuters welcomes new freelance writers for a prestigious selection of its premier legal titles and products, including American Law Reports and other respected online and print publications.
If you are interested, please send your resume or CV, with a writing sample, to email@example.com. Should you have a particular interest or expertise in specific legal areas, please do let us know as well. An editor will be in touch with you to discuss available options.
he National Senior Citizens Law Center and the National Committee to Preserve Social Security and Medicare have released an analysis detailing the positive impact the Supreme Court’s decision to uphold the Affordable Care Act will have on older Americans. Most Americans will be touched by the ruling, but America’s older adults will be impacted in these ways:
- They will continue to receive prescription drug savings through brand name and generic discounts
- The Part D prescription drug coverage gap known as the ‘donut hole’ will continue to be phased out
- Covered annual wellness visits for beneficiaries will continue to be provided in Medicare
- Older adults will pay less for preventive services. Under the ACA, Medicare will fully cover screenings like mammograms, pap smears, bone mass measurements, depression screening, diabetes screening, HIV screening and obesity screenings
- Eight years has been added to Medicare’s solvency thanks to the Affordable Care Act
The future of an estimated 3.3 million uninsured seniors, aged 50-64, who would have received health coverage under Medicaid and many of the 16 million older adults and individuals with disabilities who rely on Medicaid for long-term services and supports, is less certain with this ruling as the Court has limited the government’s ability to penalize states who do not participate in the expansion of Medicaid.
Read the complete analysis here.
Wednesday, June 27, 2012
Kiplinger’s health editors will be taking questions regarding the Supreme Court's expected health-care reform ruling. Specifically, Kiplinger editors will address consumer concerns about possible changes to the cost of family and individual coverage, as well as explain how small companies can manage the costs of insuring their workforces.
WHO: Kiplinger health editors Kim Lankford and Martha Craver
WHEN: THURSDAY, JUNE 28, 1:30-2:30 PM EDT (LIVE)
EXTRAS: Participants may leave questions or comments any time before or during the live chat or go back afterwards to see a transcript of the chat. Readers will also be able to ask for advice and view questions and answers through the Kiplinger and Facebook pages or by utilizing the #KipLive hashtag on Twitter. About Kiplinger Live Chats: Through live Web chats, Kiplinger.com’s team of experts is able to interact with readers on an individual basis, providing them with tailored, one-on-one advice. Kiplinger.com also believes its readers can benefit from other readers’ questions and answers. The chat topics vary every week, with retirement and financial topics ranging from home buying to investing to social security and investing for income. Weekly live Web chats typically occur on Thursday afternoons, but times are susceptible to change.
Tuesday, June 26, 2012
David M. English, the William Franklin Fratcher Endowed Professor of Law at the University of Missouri- Columbia, has been named Chair of the American Bar Association’s Commission on Law and Aging for the ABA fiscal year starting September 1. Prof. English has dedicated much of his career to aging and disability issues. He steps into the capacity of Chair after serving for the past three years as a member of the Commission. He takes over as chair from Jeffery Snell of Sagamore Hills, Ohio who served as chair of the Commission for the past three years.
Professor English has held numerous other leadership positions in the ABA Section of Real Property, Trust and Estate Law (RPTEL), and Commission on Mental and Physical Disability Law. Prof. English serves as a Uniform Law Commissioner for the state of Missouri, and has worked on many uniform acts including Uniform Adult Guardianship Jurisdiction Act, Uniform Trust Code, Uniform Health-Care Decisions Act, the Uniform Power of Attorney Act, the Uniform Anatomical Gift Act, and Uniform Guardianship and Protective Proceedings Act.
Monday, June 25, 2012
Special Events in Elder Law:
Elder Rights Webinars: The National Consumer Law Center just completed their 4th Elder Rights Webinar Series. The next calendar will run from June 2012 to May 2013. See: http://www.nclc.org/conferences-training/national-elder-rights-training-project.html, where you are able to suggest topics for future webinars and view previous webinars.
World Elder Abuse Awareness Day: World Elder Abuse Awareness Day (WEAAD) is held annually on June 15. See: http://www.inpea.net/weaad.html. The first WEAAD was held on June 15, 2006. This year, the White House held a Symposium on Elder Abuse. See: http://www.ncoa.org/public-policy-action/policy-news/white-house-holds-historic.html.
Elder Abuse Grants: http://www.hhs.gov/news/press/2012pres/06/20120614a.html
National Resource Center: http://www.apsnetwork.org/national_resources/aps_resource_center.htm
U.N. Resolution on Ageing: http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/66/127
- The Law of Aging: http://legalhist.jotwell.com/the-law-of-aging/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Jotwell+%28Jotwell%29
- Social Security Disability Listing for Neurological Disorders to Be Reviewed by SSA: http://www.prweb.com/releases/2012/5/prweb9558169.htm
- Hospice Being Marketed As a Cost-Cutter for Hospitals: http://www.usatoday.com/money/industries/health/story/2012-06-11/hospice-marketing-Medicare/55120284/1
- Among the Very, Ill Confusion About Life’s End: http://newoldage.blogs.nytimes.com/2012/06/04/among-the-very-ill-confusion-about-lifes-end/
- ‘Til Death’: Unless You Have Alzheimer’s?: http://www.msnbc.msn.com/id/44539360/ns/health-alzheimers_disease/#.T9bdRI76SeF
- Retirees Taking Early Social Security Benefits Hits 35-Year Low: http://moneyland.time.com/2012/05/23/retirees-taking-early-social-security-benefits-hits-35-year-low/?iid=pf-main-lede
- Old People Smell Different, Not Worse: http://www.npr.org/blogs/health/2012/05/30/154002344/old-people-smell-different-not-worse
- Massachusetts Debates ‘Death With Dignity’: http://newoldage.blogs.nytimes.com/2012/05/29/massachusetts-debates-death-with-dignity/
- Older Workers Have Highest Long-Term Unemployment: http://thejobmouse.com/2012/05/15/older-workers-have-highest-long-term-unemployment/
10. A Special Burden For Women: http://newoldage.blogs.nytimes.com/2012/05/31/a-special-burden-for-women/
11. Managing Care Online: http://newoldage.blogs.nytimes.com/2012/05/23/managing-care-online/
12. Emergency Rooms Designed For the Older Set: http://dailynightly.msnbc.msn.com/_news/2012/04/22/11313904-emergency-rooms-designed-for-the-older-set?lite\
13. Mass Incarceration of the Elderly: http://www.aclu.org/criminal-law-reform/americas-expense-mass-incarceration-elderly; and the ACLU report: http://www.aclu.org/files/assets/elderlyprisonreport_20120613_1.pdf (98 pages).
14. Copper Heiress Huguette Clark’s Gifts Questioned: http://abcnews.go.com/Business/huguette-clark-gifts-questioned-york-estate-battle/story?id=16585919.
Gonzaga University School of Law
WEBSITE OF THE AALS SECTION ON AGING AND THE LAW:
Thursday, June 21, 2012
June 21, 2012:
This week marks the thirteenth anniversary of the Supreme Court’s decision in Olmstead v. L.C., where the Supreme Court recognized that the civil rights of people with disabilities under the Americans with Disabilities Act (ADA) are violated when they are unnecessarily segregated from the rest of society. The promise of Olmstead is that people with disabilities will have the opportunity to live like people without disabilities – to have friends, work, be part of a family, and participate in community activities. As the Department of Justice commemorates the anniversary of the Olmstead decision and reaffirms our commitment to its enforcement, we are pleased to present “Faces of Olmstead,” a website profiling stories of some of the thousands of people whose lives have been impacted by the Olmstead decision and the Department’s enforcement efforts.
To learn more about the Olmstead decision and the Civil Rights Division’s enforcement activities, please visit our Olmstead: Community Integration for Everyone website. For more information about the ADA, you may call our toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD), or access the ADA Website at www.ada.gov.
Wednesday, June 13, 2012
HHS Secretary Kathleen Sebelius:
"Our senior citizens have contributed so much to our nation. We owe it to them to make sure they can live out their later years in peace, comfort and safety.
That starts with doing a better job of protecting them from physical, mental and financial abuse. Each year, an estimated one in ten older Americans experiences some kind of abuse. Sometimes, it's an elderly woman left tied in her chair while her "caregiver" goes out. Sometimes, it's an aging parent who's bullied by a violent child. Other times, it's an older couple intimidated into turning over their life's savings to a crooked financial adviser.
This abuse is distressingly common. Yet it often goes undiscussed, and only an estimated one in 24 cases is ever reported to authorities.
As our population ages, we need a new commitment to fighting elder abuse.
That starts with making it part of the national conversation. Elder abuse has been able to flourish because witnesses too often fail to step in. Sometimes we simply don't recognize abuse, like when we assume an elderly friend gave his money away voluntarily. In other cases, we know what's happening is wrong but hesitate to speak out."
The U.S. Department of the Treasury has announced that all federal benefits will be paid electronically. New enrollees and individuals receiving benefits must select an electronic payment method (direct deposit or prepaid debit card) by March 1, 2013. Programs affected by the change include SSA, SSI, SSDI and VA benefits. Note: This rule does not affect state-issued benefits such as WIC and SNAP food benefits, or child support. * People who do not choose an electronic payment option by March 1, 2013, or at the time they apply for federal benefits, will receive payments via the Direct Express® card so they will not experience any interruption in payment. * People already receiving benefit payments electronically will continue to receive payment as usual on their payment date and do not need to take further action. Created by the Treasury Department, the Go Direct® public education campaign enlists the support of more than 1,800 local, national and regional partner organizations to spread the word about the many benefits of direct deposit and the Direct Express® Debit MasterCard® card. Partners include banks, credit unions, social service agencies and community-based groups. For more information about the Go Direct Campaign, visit www.GoDirect.org.
The U.S. Department of the Treasury has announced that all federal benefits will be paid electronically. New enrollees and individuals receiving benefits must select an electronic payment method (direct deposit or prepaid debit card) by March 1, 2013.
Programs affected by the change include SSA, SSI, SSDI and VA benefits. Note: This rule does not affect state-issued benefits such as WIC and SNAP food benefits, or child support.
* People who do not choose an electronic payment option by March 1, 2013, or at the time they apply for federal benefits, will receive payments via the Direct Express® card so they will not experience any interruption in payment.
* People already receiving benefit payments electronically will continue to receive payment as usual on their payment date and do not need to take further action.
Created by the Treasury Department, the Go Direct® public education campaign enlists the support of more than 1,800 local, national and regional partner organizations to spread the word about the many benefits of direct deposit and the Direct Express® Debit MasterCard® card. Partners include banks, credit unions, social service agencies and community-based groups.
For more information about the Go Direct Campaign, visit www.GoDirect.org.
To commemorate the 7th annual World Elder Abuse Awareness Day, the White House Office of Public Engagement, in collaboration with federal partners from the Administration for Community Living/Department of Health and Human Services, the Consumer Financial Protection Bureau and the Department of Justice, is hosting a day-long symposium on June 14, 2012. The event will highlight the problem of elder abuse, neglect and exploitation. To watch live, beginning at 9:00 a.m. EDT, go to http://wh.gov/live
The new hashtag to ask the panelists questions on Twitter is #ProtectSeniors.
Tuesday, June 12, 2012
For nearly 40 years, advocates, policy makers, and others have relied on The Advocate's Guide to the Medicaid Program to assure that the Medicaid program is implemented as the law intends, and that eligible low-income people can access the services that the program provides.
And since 1991, NHeLP's publication The AGMP has been the leading authoritative reference on the Medicaid program for a quick, convenient way to navigate the process.
The current fourth edition of The AGMP, in both printed and electronic editions, incorporates provisions from the Patient Protection and Affordable Care Act (2010), the Children's Health Insurance Program Reauthorization Act (2009), and the Deficit Reduction Act (2005). Additionally, The AGMP covers Medicaid administration, eligibility, and services, drawing extensively from numerous sources: the United States Constitution, the Medicaid Act, the Medicaid regulations, federal guidance documents, and federal and state court case law.
Support for The AGMP was provided by a grant from the Robert Wood Johnson Foundation.
Order The AGMP online here.
Cultural Competency/LGBT Issues for Medicare Beneficiaries
Scroll down to register now.
This webinar will focus on the topic of disparities in healthcare access and services experienced by LGBT people, identify certain advocacy tools available under the Medicare program and other federal laws to assist LGBT people in getting appropriate healthcare coverage and services, provide an update on the Culturally and Linguistically Appropriate Services (CLAS) standards of the office of Minority of Health, Department of Health and Human Services (HHS), and offer suggestions on creating service environments that are welcoming of LBGT people.
Presenters: Deputy Director Brad Plebani and managing Attorney Alfred Chiplin.
The Seminar is June 28, 2012 at 2:00 pm ET, and will last one hour.
Cost is only $99.00 per site - so invite your friends!
No other organization will match our depth of information, insider knowledge, and practical tips.
Thursday, June 7, 2012
LISTSERV MEMBER NEWS:
How to Fix Nursing Homes, article in the Atlantic magazine, by Marshall Kapp, Director of the Florida State University Center for Innovative Collaboration in Medicine and Law, and Professor of Medicine and Law: http://www.theatlantic.com/health/archive/2012/05/how-to-fix-nursing-homes/257153/
Pennsylvania Man Appeals to Court to Avoid Paying Mom’s $93,000 Nursing Home Bill, with comment by Katherine Pearson, Professor of Law and Director, Elder Protection Clinic at the Dickinson School of Law, Pennsylvania State University: http://abcnews.go.com/Business/pennsylvania-son-stuck-moms-93000-nursing-home-bill/story?id=16405807#.T8xi7476SeH
- Gay Seniors Fear Housing Discrimination: http://www.msnbc.msn.com/id/45816356/ns/health-aging/#.T8xj_Y76SeG
- Silent Crime—Defrauding Elders Grows in Ethnic Communities: http://www.globalaging.org/elderrights/us/2012/Silent%20Crime.html
- Afghanistan’s Supergran Crimebuster on Wheels: http://www.bbc.co.uk/news/magazine-18145805
- To Save Medicare, Think Like the Patients Who Use It: http://www.globalaging.org/health/us/2012/To%20Save%20Medicare%20Think%20Like%20the%20Patients%20Who%20Use%20It.html
- Family Value: It’s a Golden Age of Gift Giving: http://online.wsj.com/article/SB10001424052702304791704577420534221056416.html?mod=ITP_businessandfinance_5
- Adult Guardianship Handbooks by State: http://www.americanbar.org/content/dam/aba/uncategorized/2011/2011_aging_gship_st_hbks_2011.authcheckdam.pdf
- Time to Move Grandma: What to Do with Her Home?: http://www.npr.org/2012/05/22/153032486/time-to-move-grandma-what-to-do-with-her-home?sc=fb&cc=fp
- Preparing for a Future That Includes Aging Parents: http://www.npr.org/2012/04/24/150587638/preparing-for-a-future-that-includes-aging-parents
- Haneman: Court-Ordered Mediation in Will Contests: http://taxprof.typepad.com/taxprof_blog/2012/05/haneman.html
10. L.B.J. Was Wrong: http://newoldage.blogs.nytimes.com/2012/05/22/l-b-j-was-wrong/
Ann Murphy, Professor
Gonzaga University School of Law
AALS Aging and the Law Section Listserv Director
GAO has released a report about abuses of the VA benefits system and systemic problems that need to be corrected by the VA.
Just one recommendation: Congress should consider establishing a look-back and penalty period for pension claimants who transfer assets for less than fair market value prior to applying, similar to other federally supported means-tested programs. For example, GAO identified a case where a claimant transferred over a million dollars less than 3 months prior to applying and was granted benefits.
A Senate hearing on the issues discussed in the the GAO report
A New York Times article available at
Wednesday, June 6, 2012
Call for Nominations ~ Foundations of Health Law
The American Society of Law, Medicine & Ethics & The Section of Law, Medicine & Health Care, AALS
& The American Health Lawyers Association
Seek nominations of foundational works of scholarship in health law, very broadly defined, published in English before December 31, 2010. We intend to publish an edited volume in an academic press.
Nominations must be accompanied by a brief description, not to exceed 300 words, of the importance of the scholarly work, addressed to:
Ted Hutchinson, Executive Director
American Society of Law, Medicine & Ethics
765 Commonwealth Avenue
Boston, MA 02445
The first round of nominations will close on December 31, 2012.
Via United Cerebal Palsy:
Arizona’s Medicaid program provides the best services for people with intellectual and developmental disabilities, according to a national ranking released Wednesday.
The annual list produced by United Cerebral Palsy compares services and quality of life for people with disabilities all 50 states and the District of Columbia.
Arizona, Michigan, California, New Hampshire and Vermont came in at the top of the list this year. Meanwhile, for the sixth year in a row, Mississippi was dead last, with Illinois, Arkansas and Texas rounding out the low performers. (Find out where your state stands »)
The analysis looks at a number of factors including the way people with disabilities live and participate in their communities in each state, how satisfied people are with their lives and how easily they are able to access services and supports. The latest ranking is based primarily on data from 2010, the most recent available. Even though some states outperformed others in the ranking, those behind the report caution that all states have room for improvement. They point out that 268,000 Americans with disabilities are currently on waiting lists for Medicaid waivers which would allow them to receive home and community based services. On a positive note, however, the analysis found that in 36 states at least 80 percent of residents with developmental disabilities are now being served in the community.