Friday, January 31, 2014

Call for applications: NIH's Butler-William Scholars Program 2014

Butler-Williams Scholars Program 2014
Monday, August 4, 2014 to Friday, August 8, 2014

Location:
NIH Campus Bethesda, MD


Meeting Description

The 2014 Butler-Williams Scholars Program (formerly the Summer Institute on Aging Research) includes lectures, seminars, and small group discussions in research design relative to aging, including issues relevant to aging of ethnic and racial minorities. Lectures will cover topics in research on aging, including: the biology of aging; genetics and Alzheimer’s disease; and health, behavior, and aging. Discussion sessions will focus on methodological approaches and interventions. The program also will include consultation on the development of research interests and advice on preparing and submitting research grant applications to NIA.

The B-W Scholars Program is sponsored by NIA with support from the National Hartford Centers of Gerontological Nursing Excellence.


Who Should Apply?

Applications will be accepted from emerging researchers, including those who may have had limited involvement in research on aging. The applicant must be a U.S. citizen, noncitizen national, or lawfully admitted for permanent residence. As an offering of the NIA Office of Special Populations, researchers with an interest in health disparities research are encouraged to apply. Applicants from diverse backgrounds, including individuals from underrepresented racial and ethnic groups, individuals with disabilities and women are always encouraged to apply for NIH support. 25 to 30 participants will be selected.

For more information, and to apply, go here.


http://www.nia.nih.gov/about/events/2013/butler-williams-scholars-program-2014#sthash.ZS3fNfSC.dpuf

Butler-Williams Scholars Program 2014

Monday, August 4, 2014 to Friday, August 8, 2014
 
Location: 
NIH Campus Bethesda, MD

Meeting Description

The 2014 Butler-Williams Scholars Program (formerly the Summer Institute on Aging Research) includes lectures, seminars, and small group discussions in research design relative to aging, including issues relevant to aging of ethnic and racial minorities. Lectures will cover topics in research on aging, including: the biology of aging; genetics and Alzheimer’s disease; and health, behavior, and aging. Discussion sessions will focus on methodological approaches and interventions. The program also will include consultation on the development of research interests and advice on preparing and submitting research grant applications to NIA.

The B-W Scholars Program is sponsored by NIA with support from the National Hartford Centers of Gerontological Nursing Excellence.

Who Should Apply?

Applications will be accepted from emerging researchers, including those who may have had limited involvement in research on aging. The applicant must be a U.S. citizen, noncitizen national, or lawfully admitted for permanent residence. As an offering of the NIA Office of Special Populations, researchers with an interest in health disparities research are encouraged to apply. Applicants from diverse backgrounds, including individuals from underrepresented racial and ethnic groups, individuals with disabilities and women are always encouraged to apply for NIH support. 25 to 30 participants will be selected based on:

- See more at: http://www.nia.nih.gov/about/events/2013/butler-williams-scholars-program-2014#sthash.ZS3fNfSC.dpuf

January 31, 2014 in Health Care/Long Term Care, Other, Programs/CLEs | Permalink | TrackBack (0)

New Book-Checklist for Family Survivors

The ABA Senior Lawyers Division and AARP have published a new book, Checklist for Family Survivors: A Guide to Practical and Legal Matters When Someone You Love Dies. This book is written by a good friend an amazing attorney, Sally Hurme. The book sells for $19.95 although there is a discount for bulk purchases. The website to order the book describes it as follows:

A practical resource for dealing with family matters upon death, this first-of-its-kind publication from the American Bar Association and AARP - the nation's leading associations in the law and the advancement of issues that matter most to people 50+ and their families - helps answer the myriad of questions surrounding what needs to be done following a loved one's passing. This must-have book guides you through the steps to wrap up the personal and financial affairs of the loved one who died. Although the ABA/AARP Checklist for Family Survivors: A Guide to Practical and Legal Matters When Someone You Love Dies does not provide legal advice, it does include legal reasons, implications and complications that cover a variety of questions loved ones face upon death.  In each chapter, you'll find convenient checklists to help guide you through the difficult time. Chapter topics include:

  • Applying for survivors benefits
  • Checking on insurance benefits
  • Sorting through the stuff
  • Getting ready for probate 
  • Taking care of yourself 
  • And more!

The ABA/AARP Checklist for Family Survivors is not intended as a sit-down-and-read book. It is a workbook designed to help you understand what you need to do following a loved one's death guided by simple yet thorough forms. Whether you fill in the forms in the book or use the CD-ROM included in the back cover, you can take comfort in knowing that the matters upon a loved one's death can be handled with ease.
While there are a number of books directed to the widow on matters of grief and financial planning, this is the first - from AARP and the American Bar Association's Senior Lawyers Division - comprehensive guide that answers questions for family survivors in one straightforward book.

The table of contents can be viewed here.

January 31, 2014 | Permalink | Comments (0) | TrackBack (0)

"Should I Stay or Should I Go?" Examining Staffing Turnover Rates in LTC

"Should I Stay or Should I Go?," the punk classic from The Clash, provides an appropriate soundtrack for a study of turnover rates of Certified Nursing Assistants (CNAs) working in nursing homes.  "Stayers, Leavers, and Switchers Among Certified Nursing Assistants in Nursing Homes: A Longitudinal Investigation of Turnover Intent, Staff Retention and Turnover," published in The Gerontologist, suggests that pay rates were not, surprisingly, a major predictor of turnover rates. 

It would be interesting to see whether the contributing factors identified in this study, published in 2011, including low job satisfication and the absence of health insurance, would be more or less influential in turnover of long-term care workers in the home.

January 31, 2014 in Health Care/Long Term Care | Permalink | Comments (0) | TrackBack (0)

Thursday, January 30, 2014

Family Conflicts-Part 5

We posted previously about the Ask the Expert Series run in the New York Times in Booming featuring Professor Sheila Heen whose expertise is in negotiations and difficult conversations. This last column from Professor Heen is titled "Negotiating Conflicts, Part 5: A Tug of Wills" (links to the 4 earlier columns are included at the beginning of this one).  As referenced in the title to this column, the questions from readers involve family conflicts and  parents' property. She answers 5 reader questions that will resonate with those of us who teach or practice in elder law. She gives some good advice on how to approach difficult conversations with siblings over these matters. I think this would be useful reading for our students to get a real-life glimpse into the issues and how an expert suggests talking about them.

January 30, 2014 | Permalink | Comments (0) | TrackBack (0)

Webcast: Dealing with Financial Institutions on POAs (or with other Fiduciary Authority)

Recently I received a communication from a professional agent, the head of a nonproft guardianship organization, and someone I have watched in action for eight years.  He and his team of carefully supervised agents work on behalf of elderly clients, disabled persons, and family members to handle financial matters. They are paid modestly, on a sliding scale, based on the client's income or estate. Sometimes they are operating as the court-appointed guardians, while other times their authority was granted by the principal through a POA, often with the cooperation (and sometimes the gratitude) of the family. 

This professional reported to me that they "are having increasingly difficult times using our authority for legitimate purposes, to the point where we have to subpoena information from banks as the guardian, because they will not accept our appointment."  Further, he reports "some banks are not honoring our POA or are adding unreasonable burdens, not required by law, leaving us unable to assist an older person."

Here is an experienced agent, who is trying do the job as a fiduciary in a highly professional manner. On the other side of the aisle are banks and other financial institutions, who have become understandably "gun shy" because of increasingly high profile cases of "bad" agents -- often family or "friends" -- who have misused their authority.

Well, as you might guess, this very topic has generated a timely CLE program!  "Dealing With Financial Institutions in Estates, Trusts and with POAs" is the title of a half-day program sponsored by the Pennsylvania Bar Institute that will take place at the following dates and times:

  • Tuesday, February 4, 2014, from 9 to 1:15, in Philadelphia, PA
  • Wednesday, February 26, 2014, from 9 to 1:15 in Pittsburgh, PA
  • Monday, March 3, 2014, from 9 to 1:15, in Mechanicsburg PA
  • Live Webcast on Monday, March 3, 2014 via webcasts.pbi.org

The program will focus on "bridging the divide" between financial institutions and agents, to help both sides better understand the powers and limitations conferred by law.  In additional to "family" fact patterns, the program will offer insights into fiduciaries acting on behalf of business owners. The faculty include experienced lawyers representing financial institutions and individuals -- plus one of those pesky law professor types. 

Pennsylvania, as is true in other states, has a number of potential changes in law pending at the state legislature, influenced in part by the Uniform Power of Attorney Act changes, first recommended for adoption by the states in 2006.  The program will provide the lates updates and trends.

For more, including remote access to the live webcast, go to the Pennsylvania Bar Institute's webpage, here.

January 30, 2014 in Estates and Trusts, Ethical Issues, Programs/CLEs, Property Management, State Cases, State Statutes/Regulations, Webinars | Permalink | Comments (0) | TrackBack (0)

Medicare Rights U

The Center for Medicare Rights has announced the launch of Medicare Rights University (MRU) which "is a web-based curriculum designed to empower any professional to better help their own clients, patients, employees, retirees, and others navigate a multitude of Medicare questions."

The University organizes the course of study in "modules" or, as described on the website

a four-level Core Curriculum, with four to five video-based courses in each level. A Special Topics portion of the resource addresses subjects not covered in the Core Curriculum. Each MRU course contains Medicare Rights’ clear and expert content and comes complete with quizzes, case examples, and downloadable materials to test your knowledge and enable you to effectively educate your colleagues and clients.

There are various pricing structures for the university, depending on whether a student is taking one course, one module or the full curriculum. More information about the University is available on the website.  A self-test is offered to measure a student's existing knowledge to help select the level at which to start the course of study.  Review the curriculum here.

January 30, 2014 | Permalink | Comments (0) | TrackBack (0)

Spotlight on University of Hawaii Law's James Pietsch

Last week I posted our first Elder Law Prof "Spotlight."  We're using these opportunities to shine the light on faculty members in the U.S. and Canada who teach "law and aging" courses.  We're looking to go beyond profiles posted on law school websites.

Once again, we've found a great target for our spotlight with James Pietsch at the University of Hawaii's William S. Richardson School of Law.  As this photo suggests, Jim has unique experience in "jumping in with both feet" to help those in need. James Pietsch University of Hawaii 

Jim teaches interdisciplinary courses such as "Law, Aging and Medicine" and "HealthLaw: Bioethics" for students at the law school, the medical school, the school of nursing, and also for graduate students in social work, all at the University of Hawaii. His teaching is uniquely rooted in his military service, beginning with his active duty in the U.S. Army Medical Service Corps and the JAG Corps.  He served  tours of duty in Korea, D.C. and Hawaii. 

After his full-time military service, Jim became a directing attorney at the Honolulu Elder Law Unit for Legal Aid. That role evolved and culminated in creation of the University of Hawaii Elder Law Program,  with the appropriate -- and catchy -- acronym of UHELP. Professor Pietsch supervises clinical students who provide direct legal services on a year-round basis. Jim reports he is just one part of a great team at UHELP and the clinics. 

Jim continues to serve in the Army Reserves.  In 2007, during the surge in Iraq, Professor Pietsch was the Special Advisor to the Law and Order Task Force of the Multi-National Force in Iraq.  He also served as the Rule of Law Advisor to two reconstruction teams in Iraq.  Bringing to bear all of his experiences in the military, education and direct legal services, he helped to establish a legal aid clinic for detainees in Iraq, working with the Iraqi Bar Association.  Jim reports he was able to use the University of Hawaii's Elder Law Clinic materials in creating an operational manual for the Iraqi Clinic. He also consulted with the US AID-sponsored Access to Justice Project to help establish legal aid clinics in Iraq with a goal of providing legal assistance to underserved populations throughout the country, including ethnic and religious minority groups.

Jim Pietsch Closeup

As you might imagine, given the experience and leadership skills of Jim Pietsch, the University of Hawaii's clinics have a special focus on veterans.  In November 2013, Jim, Stetson Law Professor Becky Morgan and others teamed up to host an International Elder Law "Veterans Focus" Conference in Hawaii, coinciding, appropriately enough, with Veterans Day. It also appears that Jim has a great sense of humor -- as demonstrated by the tradition of his University's "Nite of the Living Will" -- an annual program at Halloween, where faculty and students, often in costume, assist members of the public in learning more about advance health care directives and help them execute appropriate documents.

Mahalo, Jim, for your inspiring work!

January 30, 2014 in Other | Permalink | Comments (0) | TrackBack (0)

Wednesday, January 29, 2014

Being Ill with No Self-Awareness

The New York Times blog, The New Old Age ran a post by Judith Graham, When They Don't Know They Are Ill. The focus of the story is on "anosognosia" which, according to the article, is part of dementias and brain disorders that results in the person not knowing there is something amiss.  The article notes that anosognosia doesn't affect everyone in the same way;  up to 42% of those in the early stage of Alzheimer's show symptoms of it. The article tells the story of one couple where the wife had been diagnosed with frontotemporal dementia. Yet when the husband attempted to talk about the issues with the wife, she had justifications for everything and he ultimately was viewed by her as her critic. The husband spoke last year at a conference at Northwestern on his experiences.

There are a number of resources on anosognosia, including a fact sheet from the National Alliance on Mental Illness (NAMI) and training materials for caregivers from the AlzOnLine (caregiver Support).

January 29, 2014 | Permalink | Comments (0) | TrackBack (0)

ABA Section on Dispute Resolution Spring Conference Features Session "New Options for Elders and Their Families: Dispute Resolution for High Conflict Cases,"

The ABA Section of Dispute Resolution will hold its Spring Conference April 2-5 in Miami. Details here.

One of the many conference events will be a session on "New Options for Elders and Their Families: Dispute Resolution for High Conflict Cases," on Thursday April 3 at 4:30 pm. The speakers and session description are below:

  • Sue Bronson, New Prospects, Milwaukee, WI
  • Linda Fieldstone, Lawson E. Thomas Courthouse Center, Miami, FL
  • Siri Gottlieb, The Cooperative Parenting Center, Ann Arbor, MI

As the baby boomers age, the number of families that develop conflict over the care of an elder also increases. Using parenting coordination as a model, the Florida Chapter of AFCC has joined the Association of Conflict Resolution in the development of a dispute resolution option to address the high conflict in these cases. In an unprecedented effort involving over 20 Florida Statewide organizations and 25 national/Canadian organizations, this project fills a gap in ADR processes. It will help address the incoming influx of guardianship cases where conflict becomes the driving force of the family and mediation is unsuccessful.

January 29, 2014 in Ethical Issues, Programs/CLEs | Permalink | TrackBack (0)

Not Elder Law: Bird watchers around the world needed to gather crucial data

                                                                
DuckFrom Afghanistan to Zimbabwe, bird watchers from more than 100 countries are expected to participate in the 17th annual Great Backyard Bird Count (GBBC), February 14–17, 2014. Anyone anywhere in the world can count birds for at least 15 minutes on one or more days of the count and enter their sightings at www.BirdCount.org. The information gathered by tens of thousands of volunteers helps track the health of bird populations at a scale that would not otherwise be possible. The GBBC is a joint project of the Cornell Lab of Ornithology and the National Audubon Society with partner Bird Studies Canada.

Read the full press release

 

January 29, 2014 in Other, Science, Travel | Permalink | TrackBack (0)

Extending the Reach of CCRCs: Continuing Care at Home

In recent years, a number of operators of Continuing Care Retirement Communities (CCRCs) have adopted the concept of Continuing Care at Home (CCaH) or LifeCare at Home, as a way to expand their client base and utilize existing resources in a cost-effective manner.  This has been especially important since the 2008-10 crash in home sales prevented many seniors from cashing in on accrued equity to finance a move to a CCRC. 

On February 13, Irving Levin Associates is hosting a webinar on Continuing Care at Home, with leaders in the movement speaking on their experiences with this still-new product.  The program will address:

What is the CCaH business model? Can it be a stand-alone business?
What services are offered? What are the member fees?
What are the start-up and operating costs?
What are the challenges?
What is the response from participating seniors?

The hosts advise the program is designed to address the interests of owners, operators and developors of senior housing and long-term care facilities, appraisers, institutional investors bankers, venture capitalists, and others on the industry-side of senior care.  To that list, I would add elder law attorneys -- and law students --  who may be called upon to answer families' questions about this product.

The one and a half hour webinar is scheduled to begin at 1 p.m. Eastern time, with a $50 savings with early registration through January 30. On-line registration is here.

January 29, 2014 in Health Care/Long Term Care, Housing | Permalink | Comments (1) | TrackBack (0)

Family Court & Medicaid: Does It Have a Role in Allocating Income Between Community Spouse and Nursing Home?

In R.S. v. Division of Medical Assistance & Health Services, released for publication by the Appellate Division of the Superior Court of New Jersey on January 23, the state's Medicaid agency successfully argued that a Family Court order allocating the institutionalized spouse's income to support for the community spouse was not binding on the agency in determining the Community Spouse Monthly Income Allowance (CSMIA). Thus, in the case before the court, the community spouse who had an annual salary of $22,659 was limited to the CSMIA calculation of $1,514 per month as support from her institutionalized husband, rather than the Family Court's order of $3,460 per month.

The appellate court ruling appears to be strongly influenced by facts suggesting the Family Court award, which was not opposed by the husband, was the result of Medicaid planning advice, rather than a fact-based determination of spousal support among separated or divorcing spouses.  The appellate decision begins by noting the court is "asked once again to address 'the continuing tension between the State's effort to conserve Medicaid resources for the truly needy and the legal ability of institutionalized Medicaid recipients to shelter income for the benefit of their non-institutionalized spouses,'" quoting a previous New Jersey opinion in 2005. 

Despite statutory grounds under Medicaid law to "protect" community spouses against "impoverishment" when their husband or wife goes into a nursing home, this ruling permits state calculations of Medicaid allowances to control just how much (or rather, how little) "protection" is available, at least where the allocation occurs at or near the time of nursing home admission.   

January 29, 2014 in Federal Statutes/Regulations, Health Care/Long Term Care, Medicaid, State Cases | Permalink | Comments (0) | TrackBack (0)

Tuesday, January 28, 2014

Boomers Rockin' the Work Force!

Ok, just checking to see if you are paying attention-I haven't used Boomers and "rockin'" in the same sentence for a while now, but there is a point to this post.

The Bureau of Labor Statistics on January 24, 2014 released on a nifty chart that shows the "percentage distribution of the civilian labor force by age, 1992, 2002, 2012, and projected 2022". What does this mean? Well basically "[w]ith the aging of the post-WWII baby boom generation, those aged 55 and over are expected to make up a larger share of the labor force than in the past. From 1992 to 2002, the share of the labor force for those aged 55 and over increased from 11.8 percent to 14.3 percent. In 2012, their share of the labor force increased to 20.9 percent and is now projected to increase to 25.6 percent by 2022."

The article on which the chart was based was published in the December 2013 Monthly Labor Review.

 

January 28, 2014 | Permalink | Comments (0) | TrackBack (0)

Spousal Health Coverage---Will This Become A Disappearing Benefit?

EBRI has a new article in its January Newsletter on the cost of spouse health coverage in employer plans.  The "executive summary" of the article gives bullet point highlights of the article: 

  • As of 2012, 7 percent of employers did not cover spouses when other coverage was available to them and 4 percent of employers with 1,000 or more employees reported not providing such spousal coverage. As of late 2012–early 2013, another 8 percent of large employers were reporting that they planned to exclude spouses from coverage when other coverage was available.
  • A recent decision by United Parcel Service to eliminate health benefits for spouses who were eligible for coverage through their own employer may be a tipping point in employment-based health benefits, in part due to provisions in the Patient Protection and Affordable Care Act (PPACA). 
  • This study documents that spouses, on average, cost more to cover than otherwise comparable policyholders. This, in conjunction with the latitude offered by PPACA, makes spousal coverage a target for employers seeking ways to lower their health care expenditures. However, this analysis finds that working and non-working spouses are likely quite different in their use of health services. Therefore, the strategy of not covering spouses who are employed may have unintended consequences for employers.

The article runs about 6 pages (it starts on page 2 of the newsletter), has fabulous charts and concludes

[t]his study documents that spouses, on average, cost more to cover than otherwise comparable policyholders. This, in conjunction with the latitude offered by PPACA, makes spousal coverage a target for employers seeking ways to lower their health care expenditures. However, this analysis finds that working and non-working spouses are likely quite different in their use of health services. Therefore, the strategy of not covering spouses who are employed may have unintended consequences for employers.

January 28, 2014 | Permalink | Comments (0) | TrackBack (0)

"Whistleblower Laws in the 21st Century" - Penn State Dickinson Program on March 20

Senior Care -- in all of its guises -- is Big Business.  And much of that big business involves government contracts and government funding, and therefore the opportunity for whistleblower claims alleging mismanagement (or worse) of public dollars.  For example, in recent weeks, we've reported here on Elder Law Prof on the $30 million dollar settlement of a whistleblower case arising out of nursing home referrals for therapy; a $3 million dollar settlement of a whistleblower case in hospice care; and a $2.2 billion dollar settlement of a whistleblower case for off-prescription marketing of drugs, including drugs sold to patients with dementia

While the filing of charges in whistleblower cases often makes headlines, such as the recent front page coverage in the New York Times about the 8 separate whistleblower lawsuits against Health Management Associates in six states regarding treatment of patients covered by Medicare or Medicaid, the complexity of the issues can trigger investigations that last for years, impacting all parties regardless of the outcome, including the companies, their shareholders, their patients, and the whistleblowers, with the latter often cast into employment limbo.

Penn State Dickinson School of Law is hosting a program examining the impact of "Whistleblower Laws in the 21st Century: Greater Rewards, Heightened Risks, Increased Complexity" on March 20, 2014 in Carlisle, Pennsylvania. Trickett Hall, Penn State Dickinson School of Law, Carlisle

The speakers include Kathleen Clark, John S. Lehman Research Professor at Washington University Law  in St. Louis;  Claudia Williams, Associate General Counsel, The Hershey Company; Jeb White, Esq., with Nolan Auerbach & White; Scott Amey, General Counsel for the Project on Government Oversight (POGO); and Stanley Brand, Esq., Distinguished Fellow in Law and Government, Penn State Dickinson School of Law.    

Stay tuned for registration details, including availability of CLE credits.

January 28, 2014 in Crimes, Current Affairs, Ethical Issues, Federal Cases, Federal Statutes/Regulations, Health Care/Long Term Care, Medicaid, Medicare, State Cases, State Statutes/Regulations | Permalink | Comments (0) | TrackBack (0)

Volunteers Help Age in Place

NBC Nightly News with Brian Williams on January 24th featured a story about his in-laws and the Staying Put program in their town, New Canaan, that helps provide them with services in their own home. The companion print story to the video is available here.  The print article describes the program: "[t]hey are members of what's known as a "village." The idea behind the "village model," as it's called, is to make it possible for seniors to stay in their communities, even their homes, as long as possible."

The Staying Put  website describes the program's mission as: "Staying Put in New Canaan is a non-profit volunteer-supported organization dedicated to giving our seniors the practical means and social support to live their lives to the fullest, safely and confidently, in the New Canaan community." There is a great amount of information about the program, services, how to join and more on the website.

January 28, 2014 | Permalink | Comments (0) | TrackBack (0)

Saving is a Learned Behavior?

I know I cover income security and paying for retirement in my elder law classes, as I am sure you do as well. During that time, I typically talk to students about the 3-legged stool, get their views on the future of Social Security and whether they are saving for retirement.

I ran across an announcement in the EBRI Weekly Briefing (#103) about "American Saves Week" which the website describes as  "an annual opportunity for organizations to promote good savings behavior and a chance for individuals to assess their own saving status." The website has some interesting resources, both for organizations and for individuals, including a link to the AARP Spending Less Calculator and a "quiz" to evaluate an individual's saving plan, along with additional helpful links.

January 28, 2014 | Permalink | Comments (0) | TrackBack (0)

Monday, January 27, 2014

December Bifocal now on-line

The December issue of Bifocal, e-Journal of the ABA Commission on Law and Aging is now available for pdf download.

The issue is also available online on the Bifocal homepage.

What's inside this issue?

Cover Article
The Work and Accomplishments of 2013
In this, its 33rd year, the Commission has continued to leverage the cumulative expertise of its staff and members in its pursuit of its mission.

2013 Year-in-Review
2013 Overview: Health Decisions and Advance Planning
2013 Overview: International Human Rights of Older Persons
2013 Overview: Guardianship and Capacity Issues
2013 Overview: Elder Abuse
2013 Overview: Legal Service Delivery, Program Development, and Older Americans Act Highlights
2013 Overview: Commission Revenue
2013 Overview: A Successful Project Partnership--Managing Someone Else's Money Guides
2013 Overview: Quarterly CLE Webinars

Inside the Commission
Inside the Commission
Updates on staff speaking engagements and new resources.

Fall 2013 Intern and Extern Testimonials

Radio News Release: Discuss Your Dying Wishes Now
This Radio News Release was distributed Dec. 20. Aired by an estimated 1,969 radio stations, it reached an estimated audience of 8.4 million listeners.

John H. Pickering Award Call for Nominations
The ABA Senior Lawyers Division is accepting nominations for the 2014 John H. Pickering Achievement Award. The award honors the life and accomplishments of John H. Pickering, an outstanding lawyer who was involved in various pro bono activities and law-related societal issues affecting the elderly.

New Commission Publication: Checklist for an Elder-Friendly Law Office

Features
International Rights of Older Persons: Ageism, Justice, and Social Policy
by Prof. Israel Doron
In this short article, which is based on a presentation given in New York as part of the fourth meeting of the UN Open Ended Working Group on Ageing, the author argues that the need for such a convention rests, amongst other things, on the need for social justice for older persons around the world.

Book Review: ABA/AARP Checklist for Family Survivors
reviewed by David M. Godfrey
The Checklist for Family Survivors is practical, methodical, detailed, and easy to read and follow. The book is a must-have for surviving family and friends tasked with organizing and settling an estate.

Event and CLE Update
Upcoming CLE
World Congress on Adult Guardianship
Save the Date! New National Aging and Law Conference
Law Day & Older Americans Month Planning

 

To subscribe to Bifocal or to submit news items or a manuscript for consideration, contact editor Andrea Amato.

January 27, 2014 | Permalink | TrackBack (0)

ACA Expanded Medicaid-Asset Recovery

Professor Naomi Cahn (Harold H. Greene Professor of Law GWU Law School) and loyal blog reader  (thanks Naomi) sent me a link to an article, Little-known aspect of Medicaid now causing people to avoid coverage,  in the January 23rd Washington Post.  As the title reflects, "asset recovery" under expanded Medicaid is causing some folks who would otherwise be eligible to forego sign-up.  Estate recovery is nothing new to those of us who teach in elder law, but as the article notes "[a]sset recovery predates the health-care law, but the legislation makes it apply to a larger pool of people."  As a response, Oregon has limited "asset recovery" just to "long-term care." According to the article, some experts are asking the administration to resolve this matter "that new Medicaid recipients nationally should not be subject to asset recovery." 

The article offers "[s]till, when it comes to something as central to middle-class identity as a home and what people can pass on to their heirs, it is perhaps not surprising that some people are not taking any chances."

 

January 27, 2014 | Permalink | Comments (0) | TrackBack (0)

Medication Transition Rights-Medicare Part D

The National Senior Citizens Law Center (NSCLC) has released a three page paper on 2014 Transition Rights to Medications Under Medicare Part D According to the NSCLC paper:

The Centers for Medicare and Medicaid Services (CMS) requires that sponsors of Medicare Part D prescription drug plans provide beneficiaries with access to transition supplies of needed medications to protect them from disruption and give adequate time to move over to a drug that is on a plan’s formulary, file a formulary exception request or, particularly for Low Income Subsidy (LIS) recipients, enroll in a different plan.

The paper discusses the minimum transition requirements, enrollee rights, protections for residents of long term care facilities, and how a beneficiary's change in status will bring increased rights.

January 27, 2014 | Permalink | Comments (0) | TrackBack (0)