Elder Law Prof Blog

GAO report finds CMS lacks clear plan for addressing needs of limited English proficiency callers.

The Centers for Medicare & Medicaid Services (CMS) is responsible for providing beneficiaries timely and accurate information about Medicare. Receiving nearly 30 million calls in 2007, 1-800-MEDICARE, operated by a contractor, is the most common way members of the public get program information. The help line provides services both to English-speaking and limited English proficiency (LEP) callers. In this report, GAO describes (1) the extent to which access performance standards and targets have been met by the current contractor, (2) the efforts by CMS to provide LEP callers access to help line services and wait times experienced by these callers, and (3) CMS’s oversight of callers’ access to 1-800-MEDICARE and the information’s accuracy. To conduct this work, GAO reviewed documents and analyzed help line data through July 2008. In addition, GAO interviewed agency staff, industry experts, and officials at four federal agencies with high call volume contact centers.

What GAO Recommends

To ensure CMS offices, including those that oversee the operation of 1-800-MEDICARE, are aware of, and take steps consistent with, the Department of Health and Human Services (HHS) LEP Plan when considering the needs of people with LEP, CMS should designate an official or office with responsibility for managing the LEP Plan. In commenting on a draft of this report, CMS generally concurred with our recommendation.

Read report.

Borchard Fellowship application period now open

The Borchard Foundation Center on Law & Aging Invites Applications For
The 2009-2010 Borchard Fellowship in Law & Aging

Fellowship Information

The Borchard Fellowship in Law & Aging affords one year for two law school graduates interested in, and perhaps already in the early stages of pursuing, an academic and/or professional career in law and aging, the opportunity to pursue their research and professional interests.

During the Fellowship period, the Center’s Executive Director and Assistant Director stand ready to assist each Fellow with the further development of his/her knowledge, skills, and contacts. A legal services or other non-profit organization involved in law and aging must supervise a Fellow’s activities and projects.  In addition to the Fellow's planned activities and project (unless the Fellow's project includes the provision of legal services), the Fellow must also provide some pro bono direct legal services to older persons under appropriate supervision.  A Fellow is expected to provide the Center with monthly activities reports.

The Fellowship is $40,000 and is intended as a full-time position only.  The Fellow’s sponsoring agency is responsible for providing employee benefits, workspace, administrative support, computer, telephone, email access, and employer’s FICA payment.  Fellows may live and work where they choose in the United States; Fellows must be either U.S. citizens or legal residents of the U.S.

The Fellowship period runs from July 1 to June 30 each year, or for the calendar year beginning the month after the Fellow’s completion of a state Bar examination.

Examples of activities and projects by recent Borchard Fellows include:

·      Writing and publication of law review articles on law and aging issues;
·      Writing and publication of state specific, consumer oriented handbooks on legal issues affecting older persons;
·      Teaching elder law and related courses at law schools where fellows reside;
·      Development of a non-profit senior law resource center providing direct legal services and public education;
·      Development of an interdisciplinary elder law clinical program at a major public university law school;
·      Development of a mediation component for a legal services program elder law hotline;
·      Development of an interdisciplinary project for graduate students in law, medicine, and health advocacy to foster understanding and collaboration between professions;
·      Development of training materials and statewide trainings for lawyers, judges and other court personnel, and social service providers on new comprehensive state guardianship laws;
·      Organizing and/or attending national conferences on law and aging issues;
·      Providing supervised pro bono legal representation of older clients;
·      Analysis of Medicare policies;
·      Development of legal services programs for older clients in consumer law and small claims matters.

Application Process

Applicants must submit a completed application form, an explanation of the applicant’s planned activities and projects, a current curriculum vitae, a law school transcript, a letter of support from the proposed supervisor, and two other letters of support.  Fellowship application information and form are available at www.borchardcenter.org. 

Completed applications should be sent to:

The Borchard Foundation Center on Law & Aging
Mary Jane Ciccarello, Assistant Director
335 4th Avenue
Salt Lake City, Utah 84103

Applications must be postmarked by April 15, 2009.  Selections are made by June 1, 2009.  For further information, please contact:  Mary Jane Ciccarello, 801-598-5810, [email protected].

New Census report on spending for health care and social assistance programs

Medicaid continued to be the largest source of funding for nursing and residential care facilities in 2007 at $59 billion, according to the U.S. Census Bureau.   These tabulations come from the 2007 Service Annual Survey: Health Care and Social Assistance, which focuses on health care and social assistance providers for individuals, and gives estimates and sources of revenue for businesses with paid employees. Overall, health care and social assistance revenue increased 6.8 percent in 2007 to $1.66 trillion, up from $1.56 trillion in 2006.

Revenue for continuing care retirement communities grew 10.1 percent to $20 billion. These communities include establishments that provide a range of residential and personal care services, including on-site nursing care and assisted-living facilities. Homes for the elderly, which do not include on-site nursing care facilities, saw their revenues increase by 7.1 percent to $14.5 billion.Revenue for hospitals grew 6.5 percent in 2007 to $687 billion. Revenue for physicians’ offices increased 5.6 percent to $346 billion and revenue for dentists’ offices increased 6.5 percent to $94 billion.    

Medicare was the leading source of revenue for kidney dialysis centers, reaching $9.1 billion in 2007, a 10.4 percent increase from 2006.

Revenue for emergency and other relief services decreased 13.2 percent to $6.9 billion in 2007. This is the second year in a row revenues decreased. Revenue has now returned to a level roughly equivalent     to that of 2004.  The Service Annual Survey (SAS) provides data that help to measure America’s current economic performance. Using a sample of about 70,000 service companies, the SAS collects revenue, expenses and e-commerce sales.   The services provided by establishments in this sector are delivered by professional, trained health practitioners or social workers. Excluded from this sector are aerobic classes; amusement, gambling and recreation industries; and nonmedical diet and weight reduction centers. Although these can be viewed as health services, they are not typically delivered by trained health practitioners.

ABA reissues Emeritus Attorney Guardianship Grant RFP

Revision and Re-Issuance of RFP for Mini-grants on Emeritus Indigent Guardianship Project*

The ABA has issued a new mini-grant announcement for the Emeritus Attorney Pro Bono Indigent Guardianship Project, sponsored by the ABA Commission on Law and Aging and the ABA Section of Real Property, Trust and Estate Law. The project is awarding up to five mini-grants of $5,000 each (instead of 10 grants of $2,500 each as previously announced). The objective is to develop model approaches specifically to recruit emeritus pro bono attorneys to handle indigent adult guardianship cases for low-income and other petitioners. The new due date for proposals is February 27, 2009.

The ABA urges interested bar organizations groups to apply,

and to work with stakeholders in your state such as state guardianship associations, state units on aging, state bar committees and sections on aging, legal services and more.

The revised RFP will soon be posted on the ABA's Web site at www.abanet.org/aging <http://www.abanet.org/aging>.

 

 

AARP International Vol. 7, Issue 1 now available

The Impact of the Global Financial Crisis on Older People in Asia

The Asia Society and AARP will host a discussion of how the current global financial and economic crisis is disproportionately affecting Asia's older populations. Panelists will discuss the challenges and issues and will provide a platform for the exchange of ideas and innovations to help older workers and improve their financial security. Jan. 26, 2009, New York, N.Y., United States
Read more.

Preparing for an Aging Society: The Singapore Experience

In the Winter 2009 edition of AARP's The Journal, the Prime Minister of Singapore, Lee Hsien Loong, shares how his country is crafting new policies, improving the infrastructure, and developing effective programs to enable older citizens to lead full and happy lives.
Read more.

Reinventing Retirement Asia: Employment and Active Engagement Beyond 50

AARP and the Council for the Third Age (C3A) cohosted an international conference on older workers and financial security for seniors in Singapore, Jan. 7–9, 2009. The conference brought together more than 400 thought leaders and policy makers from governments, businesses, NGOs, and academia, from throughout Asia, Oceania, the United States, and from international bodies, such as the United Nations, the International Labor Organization, and the Organization for Economic Cooperation and Development.
Read more.

AARP Offers Two New International Databases

AARP has launched two new, searchable international databases. AgeSource Worldwide identifies several hundred information resources, such as clearinghouses, libraries, databases, training modules, and the like, in some 25 countries. AgeStats Worldwide provides access to comparative statistical data on the situation of older adults across countries or regions and covers a variety of topics. Start your search at: www.aarpinternational.org/database/.

Obama's Big Idea: Digital Health Records

The president-elect wants to computerize the nation's health care records in five years. But the plan comes with a hefty price tag, and specialized labor is scarce. Read this “CCN Money” article in AARP’s Bulletin Today.
Read More.

A Year-End Look at the Economic Slowdown’s Impact on Middle-Age and Older Americans

Throughout 2008, the economy was battered by falling housing prices, increasing foreclosure rates, record stock-market losses, rising unemployment, and weak consumer spending. In December 2008, AARP conducted a survey of middle-age and older Americans to learn how they had fared during the previous 12 months and to examine their expectations of the government during difficult times.
Read more.

2009 AARP International Innovative Employer Awards

Apply online for the 2009 AARP International Innovative Employer Awards, which are intended to recognize employers that have demonstrated innovative workforce or human-resources practices that address issues relevant to the age-50+ workforce.
Read more.

Events

Feb. 3–4, 2009

  2009 AARP–U.N. Briefing, Series on Global Aging: 'In Commemoration of the 10th Anniversary of the International Year of Older Persons'
United Nations Headquarters, New York, N.Y., United States

March 11–15, 2009
Ninth International Conference on Alzheimer's and Parkinson's Diseases
Prague, Czech Republic

March 12–15, 2009
Ageing in the Mediterranean World
Valletta, Malta

       

NIH publishes progress report on Alzheimer's disease

The National Institute on Aging (NIA), part of the Federal Government’s National Institutes of Health (NIH) at the U.S. Department of Health and Human Services, has primary responsibility for basic, clinical, behavioral, and social research in Alzheimer’s disease (AD) as well as research aimed at finding ways to prevent and treat AD. The Institute’s AD research program is integral to one of its main goals, which is to enhance the quality of life of older people by expanding knowledge about the aging brain and nervous system. This 2007 Progress Report on Alzheimer’s Disease summarizes recent AD research conducted or supported by NIA and other components of NIH, including:

• National Center for Research Resources
• National Heart, Lung, and Blood Institute
• National Human Genome Research Institute
• National Institute of Biomedical Imaging and Bioengineering
• National Institute of Diabetes and Digestive and Kidney Diseases
• National Institute of Mental Health
• National Institute of Neurological Disorders and Stroke
• National Institute of Nursing Research

Modest AD research efforts also are supported by the National Cancer Institute, National Center for Complementary and Alternative Medicine, Eunice Kennedy Shriver National Institute of Child Health and Human Development, National Institute of Environmental Health Sciences, and John E. Fogarty International Center.

In Remembrance
The 2007 Progress Report on Alzheimer’s Disease is dedicated to Robert Katzman, M.D. (1925–2008), an internationally known AD research pioneer who fundamentally changed the way scientists and clinicians thought about the brain disorder we now know as Alzheimer’s disease, and the first to detail its prevalence and severity, in 1976. Dr. Katzman was founding director of the NIA-funded AD Research Center at the University of California San Diego one of the original members of NIA’s National Advisory Council on Aging, and a founder of the Alzheimer’s Association.

Get the report:  http://www.nia.nih.gov/Alzheimers/Publications/ADProgress2007/

Jeffrey Baker Faulkner) featured in "spirit profile"

Jeffrey Baker, Associate professor of law and director of clinical studies at Faulkner University's Jones School of Law; director of Jones Elder Law Clinic and the Family Violence Clinic, was recently profiled in the Montogomery (AL) Advertiser.  He was nominated for the award by Charles I. Nelson, dean and professor of law, Faulkner University's Jones School of Law.  Dean Nelson said, "Professor Baker is making a difference in our community by taking on unpleasant issues that many would rather turn away from. He gives not only voice and attention to victims, but also hope."

Through his work, Jeffrey Baker ensures that those who are too often overlooked, and often the most in peril, get help.  As director of the Jones Elder Law Clinic and the Family Violence Clinic, he oversees law students who provide free legal counsel to those in need.  The Elder Law Clinic provides representation for low-income, elderly citizens whose legal needs include guardianships, wills, benefit applications, elder abuse protection and medical decision-making.  Similarly, the Family Violence Clinic provides legal service to people who seek protection from domestic violence, which means Baker maintains close contact with an area abuse shelter and directs law students as they litigate pro bono on behalf of people in abusive family relationships. The clinic can obtain orders so that survivors find safety, to protect their children and establish more peaceful lives.  In September, Baker organized "Freedom from Fear: A Candidates Forum on Domestic Violence" in conjunction with area task forces and the Family Sunshine Center. The forum sought to raise awareness of domestic violence crimes and to encouraged elected officials to commit attention and voice to these problems before taking office.

Read more:  http://www.montgomeryadvertiser.com/article/20090119/NEWS01/901190314

News from the National Senior Citizens Law Center

National Senior Citizens Law Center

Los Angeles, CA | Oakland, CA | Washington, DC

January 15, 2009

 

Listed below are highlights of NSCLC’s work since our last update. You can find out more on our website: http://www.nsclc.org/whats_new

 

“Please Hold”: Medicare Plans Leave Limited English Proficient Beneficiaries Waiting for Access
This new report from the National Senior Citizens Law Center and other members of the California Medicare Part D Language Access Coalition shows that Medicare plans are not meeting their obligation to serve LEP beneficiaries.
Read the report  | For more information, contact: Kevin Prindiville

New Part D Pricing Scheme Causes Confusion, Increased Costs
NSCLC and other advocates warn that new pricing schemes used by some Medicare prescription drug plans will cause high, hidden costs for beneficiaries in 2009. NSCLC filed a complaint with the Centers for Medicare and Medicaid Services (CMS) asking the agency to stop marketing of plans that include the new “penalty” pricing.
Read more | For more information, contact: NSCLC’s Oakland office

 

CMS Nursing Home Ratings

In December CMS began a system in which each nursing facility in the country will receive a rating from one to five stars.  In response to the new program, NSCLC issued a press release analyzing the limitations of CMS's new rating system, and sent an alert to subscribers of the Long-Term Care Law Reporter analyzing the new system. This issue received a lot of media coverage, including the Contra Costa Times, the Arizona Daily Star and the Toledo Blade.
A full list of articles is available here. |  For more information, contact: Eric Carlson

 

Recommendations for DOJ Transition Team and Solicitor General
In addition to our Legislative and Administrative Agenda, NSCLC issued several recommendations for the Department of Justice transition team and the new Solicitor General. NSCLC believes that by consistently opposing unwarranted barriers to judicial relief, the Solicitor General could help to restore the integrity of a broad array of vital statutory safeguards.
Read the recommendations: Reinvigorating Federal Safeguards for Individual Rights and Benefits

For more information, contact: Simon Lazarus

 

Social Security “Fleeing” Penalty Litigation

In December, NSCLC and Munger, Tolles & Olson filed an amended complaint in the class-action lawsuit against the Social Security Administration (SSA) for suspending the retirement and disability benefits of over 100,000 poor, elderly and disabled Americans because of outstanding arrest warrants.  NSCLC attorneys put in an incredible amount of work to find and vet four new plaintiffs in the case, including an elderly Oklahoma woman who has gone without her Social Security Widows benefits for three years and has been unable to heat her home this winter.  This week, NSCLC filed motions to certify a nationwide class and for a preliminary injunction.
Read the amended complaint  |  For more information, contact: Gerald McIntyre

 

Monitoring State Medicaid Cuts

Calls from advocates seeking to prevent Medicaid cuts have jumped since the economic crisis hit. According to the Center on Budget and Policy Priorities, at least 17 states and DC are cutting medical, rehabilitative, home care or others services used by elderly or disabled people, or significantly increasing the costs of these services. Some of the cuts can be challenged. In other cases, NSCLC and our allies must advocate to ensure that states reinstate benefits if and when Congress passes a federal stimulus package.
For more information, contact: Gene Coffey

 

Tools for Medicare Part D Advocates

Enrollment Period Chart: This chart lists all Part D enrollment period available to Medicare beneficiaries and provides information on when enrollment and disenrollment rights start, on how long they last, and on special or unique elements of the enrollment right.  This should be particularly useful when you have clients who need to change plans but who do not qualify for the continuous Special Enrollment Period (SEP) for Low Income Beneficiaries.  The chart incorporates changes from CMS’s most recent guidance. Download the chart

 

Transition Rights Under Part D: This tool summarizes CMS’s requirements for plans to supply transition drug supplies to their enrollees.  Note that transition supply rights apply not just at the beginning of the plan year but also when a beneficiary changes plans midyear, when a beneficiary experiences a change in level of care, and when a beneficiary resides in a nursing home or similar institution. Download the tool

 

Upcoming Events
Webinar on Fire Safety in Assisting Living, January 28, 2009
Health Action 2009 Conference, January 29-31, 2009

ALCA hosts free Webinar on fire safety in assisted living

Please join the Assisted Living Consumer Alliance (www.assistedlivingconsumers.org)  for our first webinar of 2009 – Fire Safety in Assisting Living.  Our three speakers, experts in their fields, will discuss fire safety from regulatory, safety, and consumer perspectives.   The speakers are:   Rick Harris, Director, Bureau of Health Provider Standards, Alabama Department of Public Health; Nancy McNabb, Director of Government Affairs for the National Fire Protection Association; and Jim Dolan, Fire Code Regional Director with the National Fire Protection Association.  This webinar has been planned in conjunction with the National Long-Term Care Ombudsman Resource Center.

The webinar will be held on Wednesday, January 28 at 3:00pm Eastern Time/12:00 Noon Pacific Time.  To register for this free webinar, email Rebecca Livesay at [email protected] <mailto:[email protected]>. Please include your name, organization, phone, and email address.

Webinar access information and materials will be sent by email to all registrants

SANDELL GRANT PROGRAM DEADLINE REMINDER: Jan. 30

ANDELL GRANT PROGRAM DEADLINE REMINDER

The Center for Retirement Research at Boston College is currently accepting submissions for the 2009 Steven H. Sandell Grant Program.

    * The Sandell Program provides the opportunity for junior scholars from a wide variety of academic disciplines and senior scholars working in a new area to pursue quality scholarship on retirement income and disability insurance policy issues.
    * Up to eight grants of $45,000 will be awarded for one-year projects.
    * The submission deadline for grant proposals is 5:00 pm (EST) January 30, 2009. Visit the Sandell Program website to view the proposal guidelines and apply online.  Grant award recipients will be announced in March 2009.

For questions, please contact:  Kara Sullivan, Assistant Director of Communications, [email protected]

SSA now offers online enrollment for beneficiaries

To deal with the influx of baby boomer applicants, the Social Security Administration has moved the enrollment process to its website, where retirees can sign up for Social Security payments and Medicare.  “There's no need to drive to a local Social Security office or wait for an appointment with a Social Security representative. Once the online application is completed, that's it,” said Astrue. “There are no other paper forms to sign and usually no additional documentation required. If we need more information, we will call you.  Over 25,000 people have already used the application since the website’s soft launch in late December. While the new Social Security spokeswoman, iconic baby boomer actress Patty Duke, has not filed yet, she says she is looking forward to the benefits.  “I'm from the generation where we're very proud to say we paid into that all these years. Well, it's nice to know that there really is something there for us and solvent until 2041,” said Duke.  People can also still register in the offices.  For the 15-minute online registration, visit www.socialsecurity.gov.

Source:  NY1 News, http://www.ny1.com/content/features/91852/-i-ny1-for-you---i--tech-savvy-baby-boomers-can-register-for-social-security-online/Default.aspx

Annals of Health Law Launches Online Journal and Blog

The Annals of Health Law is proud to announce its online counterpart, Advanced Directive: Bringing You the Latest Developments in Health Law. Advanced Directive provides timely student articles on a variety of cutting-edge health law topics. To view the first issue visit www.luc.edu/annalshealthlaw/advancedirective.  For more information about the Annals visit www.luc.edu/annalshealthlaw/.

The Annals of Health Law would also like to extend an invitation to join its new blog, Dialogue. The Annals created Dialogue to continue the discussion started at the Fall 2008 Symposium, entitled "Patents versus Patients: Can They Co-Exist?" Members of the health law and intellectual property law communities are invited to share their questions, comments, and insights regarding the intersection of patents and health care access and innovation. To view Dialogue visit http://annalshealthlaw.blogspot.com.

Not elder law: 4300 year old mummy unearthed

Egyptologists have discovered the remains of a mummy thought to belong to a queen who ruled 4,300 years ago, Egypt's antiquities chief has said.  The body of Queen Seshestet was found in a recently-discovered pyramid in Saqqara, Zahi Hawass announced.  She was mother of King Teti, founder of the Sixth Dynasty of pharaonic Egypt. Her name was not found but "all the signs indicate that she is Seshestet".  Such old royal mummies are rare. Most date from dynasties after 1800 BC.  Historians believe Queen Seshestet ruled Egypt for 11 years - making her one a small number of women pharaohs.  It took five hours to lift the lid of a sarcophagus, according to a statement by Mr Hawass.  It contained a skull, legs, pelvis, other body parts wrapped in linen, pottery and gold finger wrappings.  The burial chamber was raided in antiquity by grave robbers who stole everything, including most valuables from inside the sarcophagus.

Source/more:  BBC, http://news.bbc.co.uk/2/hi/middle_east/7818735.stm

SSRN adds new Elder Law Studies Network

We are pleased to announce a new Legal Scholarship Network (LSN) Sponsored Subject Matter eJournal -- Elder Law Studies.

ELDER LAW STUDIES
View Papers: http://www.ssrn.com/link/Elder-Law-Studies.html
Subscribe: http://hq.ssrn.com/jourInvite.cfm?link=Elder-Law-Studies

Editor: Nina Kohn, Assistant Professor, Syracuse University - College of Law

Sponsor: The Elder Law Studies Journal is sponsored by Syracuse University College of Law, which offers a certificate in Gerontology in cooperation with the Maxwell School of Citizenship & Public Affairs.

Description: The Elder Law Studies journal provides a forum for sharing current scholarship on elder law. Elder law is a specialized area of law focused on counseling and representing older persons or their representatives on later-in-life planning and other legal issues of particular importance to older adults. Unlike many other areas of the law, elder law is defined primarily by the client population to be served, not by a distinct set of legal doctrines. Accordingly, the Elder Law Studies Journal publishes articles that provide a learned, disinterested, and significant analysis of one or more legal issues of particular importance to older adults.

HOW TO SUBSCRIBE
You can subscribe to the eJournal by clicking on the "subscribe" link listed below the journal name.

You can modify your subscriptions by going to the SSRN User HeadQuarters: http://hq.ssrn.com. (If you do not remember your User ID or Password, please click "Forgot Password" and fill in the necessary fields. This information will then be emailed to you.) Once you have successfully logged in, you will be able to change your journal subscriptions. If you have questions or problems with this process, please email [email protected] or call 877-SSRNHelp (toll free 877.777.6435 within the United States or 00+1+585+4428170 outside of the United States).

NAELA Student Elder Law Writing Competition opens March 1

The National Academy of Elder Law Attorneys is pleased to present the Fourth Annual NAELA Elder Law Writing Competition offering a $1,500 cash prize for the best article submitted. The winner will be honored at a national NAELA conference in Fall 2009 and, in addition to the $1,500 cash award, will receive up to $1,000 for travel and meeting-related expenses. The second place winner receives $1,000 cash, and the third place winner receives $500 cash.

The top eight articles will be published in the NAELA Student Journal, an annual publication, and may also be considered for publication in the NAELA Journal. The top eight authors will receive a complimentary one-year student membership to NAELA. This competition is open to all students in good standing who attend a U.S. law school. To view previous editions of the NAELA Student Journal, visit your local law library.

All entries must be submitted electronically between March 1, 2009 and June 1, 2009 to
[email protected]. Winners will be announced August 14, 2009. A confirmation e-mail will be sent within 72 hours after receipt of your article. Please include the following
information in the body of the e-mail:

(1) title (2) date submitted for academic credit (if applicable), (3) name, (4) law school, (5) year of graduation, (6) mailing addresses, telephone number, and e-mail addresses for future contact.

For more information visit:  http://www.naela.com/pdffiles 2009WritingCompetitionflyerfinal.pdf

Elder law pioneer Clifton Kruse dies at age 74

Clifton Bryan Kruse, Jr., 74, passed away surrounded by his family on December 30, 2008, from complications of Alzheimer's disease.

After receiving his undergraduate degree from Washburn University in Topeka, Kansas in 1956, and his graduate degree in theology from Boston University in 1959, Mr. Kruse was awarded a Juris Doctorate Degree from Washburn University School of Law in 1963. He was an ordained Methodist Minister and prison chaplain. A nationally acclaimed elder law attorney, in 1956 Mr. Kruse was given the Colorado Bar Association's Award of Merit, the highest honor given by the CBA for outstanding contributions to the legal profession and the bar association. He was a member of the American Bar Association, Colorado Bar Association (Vice President), El Paso County Bar Association Past President), National Academy of Elder Law Attorneys (Past President and Fellow), and the American College of Trust and Estate Counsel. He taught Business Law at the University of Colorado at Colorado Springs for 27 years and taught at the University of Denver School of Law.

Mr. Kruse lectured at seminars, symposiums and workshops throughout the country and authored many books and articles. Mr. Kruse was the founding member of Kruse and Lynch, P.C. and specialized in the preparation of wills, trusts, estate administration and elder law.

He had a passion for helping others, especially the elderly. His book, "Selma's Cat and Other Things That Matter," is a collection of essays pertaining to the concerns and experiences of senior citizens.

A memorial service was held Saturday, January 3, 2009, 1:00 P.M. at the Broadmoor Community Church, 315 Lake Avenue, Colorado Springs.

In lieu of flowers the family suggests donations to Pikes Peak Hospice, 825 E. Pikes Peak Avenue, Suite 600, Colorado Springs, Colorado 80903, or the Humane Society of the Pikes Peak Region, 610 Abbott Lane, Colorado Springs, Colorado 80905.

More info:  http://www.legacy.com/Gazette/Obituaries.asp?Page=LifeStoryPrint&PersonID=122107885

Note:  In an odd coincidence, my Aunt Lois was Clifton's legal secretary for twenty five years--she started with him years and years before I even started law school. 

CRS publishes report on Part B premiums

R40082
Medicare: Part B Premiums
December 29, 2008

Medicare beneficiaries have out-of-pocket cost-sharing requirements that differ according to the services hey receive. Physician and outpatient services provided under Part B are financed through a combination of beneficiary premiums, deductibles, and federal general revenues. In general, Part B beneficiary premiums equal 25% of estimated program costs for the aged, with federal general revenues accounting for the remaining 75%.The disabled pay the same premium as the aged. Beginning in 2007, higher-income enrollees paid a higher percentage of Part B costs. The Centers for Medicare and Medicaid Services (CMS, the agency that administers Medicare) estimated that approximately 4% of beneficiaries would pay a higher premium in 2007, and 5% would pay a higher premium in 2008 and 2009.

Get it here: http://opencrs.cdt.org/document/R40082