Elder Law Prof Blog

AALS Aging and the Law Listserv for October 30, 2011

1. SAGE LGBT Senior Center In New York City Will Be Nation's First: http://www.huffingtonpost.com/2011/10/19/sage-lgbt-senior-center-new-york_n_1020852.html

2. Social Security Benefits to Rise 3.6 Percent: http://www.reuters.com/article/2011/10/20/us-usa-economy-socialsecurity-idUSTRE79I45U20111020

3. Unequal Access to Retirement Benefits: http://money.usnews.com/money/blogs/planning-to-retire/2011/10/18/only-half-of-workers-have-a-retirement-plan-at-work

4. Medicare Launches ‘Hospital Compare’: http://www.post-gazette.com/pg/11298/1184642-28.stm

5. Affordable Care Act to Help Improve Care for Medicare Beneficiaries: http://www.marketwatch.com/story/affordable-care-act-to-help-improve-care-for-medicare-beneficiaries-2011-10-24

6. A Hearing Aid That Cuts Out All the Clatter: http://www.nytimes.com/2011/10/24/science/24loops.html?_r=1

7. Still No Relief in Sight for Long-Term Needs: http://www.nytimes.com/2011/10/25/health/25seniors.html

8. The Next Death-With-Dignity Battleground: http://newoldage.blogs.nytimes.com/2011/10/26/the-next-death-with-dignity-battleground/

9. New Poll Reveals Midlifers Will Retire Close to Home: http://home.lifegoesstrong.com/new-poll-reveals-midlifers-will-retire-close-home

10. Supporters Of Health Overhaul Look To Reclaim “Obamacare”: http://www.npr.org/blogs/health/2011/10/26/141716686/supporters-of-health-overhaul-look-to-reclaim-obamacare#more

11. Questions Raised About Flu Shots for Seniors: http://www.sciencefriday.com/program/archives/201110281

Ann Murphy

Professor

Gonzaga University School of Law

(509) 313-3735

[email protected]

WEBSITE OF THE AALS SECTION ON AGING AND THE LAW:

http://aals.law.gonzaga.edu/

 

Franken bill would extend NHRA protections to seniors receiving care at home

Sen. Al Franken introduced a bill Friday that would offer seniors who receive long-term care at home the same protections from abuse as those afforded to seniors living in nursing homes.

The bill, which Franken expects to roll into the Older Americans Act later this year, would require states to pass a Home Care Bill of Rights that protects consumer rights, safety and access to information.

“It became very clear to me after meeting with seniors from Moorhead to Winona that remaining independent and at home is a top priority for our seniors,” Franken said in a press statement. “But in order to keep our seniors in their homes we have to make sure they’re safe. This legislation would ensure that seniors who choose to receive long-term services and supports in their homes and communities have the same rights and protections from elder abuse that seniors living in nursing homes already have.”

The bill would also create a voluntary ombudsman to deal with complaints about the system, as well as the development of a set of standards that the public could use to assess the quality of long-term care services.

More from the Minnesota Independent here.

New GAO report examines effect of recession on older workers

This testimony discusses the effects of the recent recession on older adults. While the recession officially ended in June 2009, our economy has experienced a weak recovery, with unemployment still above 9 percent. Older adults--particularly those close to or in retirement--may not have the same opportunities as younger adults to recover from the recession's effects. For example, older adults--generally those 55 and older--may have insufficient time to rebuild their depleted retirement savings due to sharp declines in financial markets and home equity, and increased medical costs. Further, while older workers are less likely to be unemployed than workers in younger age groups, when older workers lose a job they are less likely to find other employment. These changes have intensified older adults' concerns about having sufficient savings now and adequate income throughout retirement. Social Security forms the foundation of income for nearly all retiree households, providing 36 percent of aggregate income for households with a member aged 65 and older; however, it provides a much greater portion of income for low and middle income households. Pensions and assets together provide 31 percent of aggregate income. However, many older adults lack any pension; 44 percent of full-time workers in their 50s have neither a defined benefit nor a defined contribution pension from their current employer; and the number of active defined benefit plan participants has declined since 1990. In 2007, before the recession began, the median level of financial assets for households approaching or entering retirement was around $72,000. Using a 4 percent withdrawal rate in retirement, this amount would replace about five percent of these families' $55,000 median annual household income. Although most retirees would also receive Social Security benefits, for many retirees even these will not be sufficient to maintain their standard of living. Older Americans' income varies widely. In 2008, annual income for households with a member age 65 and older ranged from $7,466 for those in the lowest of five income groups to $109,543 for the highest of five income groups. Those in the lowest and middle groups received most of their income from Social Security retirement benefits, while those in the highest group on average received most of their income from earnings, asset income, and pensions. Today's testimony is based on a GAO report that we are releasing at this hearing, titled "Income Security: Older Adults and the 2007-2009 Recession." This report examined: (1) What changes have occurred in the employment status of older adults, generally those 55 and older, with the recession? (2) How have the incomes and wealth of older adults in or near retirement changed with the recession? (3) What changes have occurred in the costs of medical care, the purchasing power of Social Security benefits, and mortality rates for older adults in recent years?

Read in full (testimony)

Read in full (report)

Call for nominations--ASA's various awards for Excellence in the Field of Aging

Nominations for the 2012 Awards are now open!

To submit a nomination, go here.

We’ve extended the deadline! Nominations must now be received by October 31, 2011 (the prior deadline was October 12).

Every year ASA recognizes a number of individuals and organizations for their contributions to ASA, to the field of aging, and to older adults. At left are links to view descriptions and current and previous winners of these awards programs—as well as criteria for each award. All nominations will require completing a few questions about the nominee's experience, a letter of recommendation and the biosketch of the nominee, except for the Graduate Student Research Award which has specific criteria.

The 2012 Awards will be presented at the Aging in America Conference, to be held in Washington DC, March 28–April 1, 2012.

Register now for ASA's annual conference!

Register now for Aging in America!

Aging in America, the 2012 Annual Conference of the American Society on Aging takes place March 28–April 1 in Washington, DC. The ASA Conference, with more than 3,000 attendees, is recognized as a showcase for programs and projects that can be replicated, a forum for policy discussion and advocacy, and a prime source of information on new research findings in aging. It is the largest gathering of a diverse, multidisciplinary community of professionals from the fields of aging, health care and education, along with business leaders from across the United States.

Registration is open now! Click Here to register early and save up to 25% over regular and onsite rates!

ALCA to host webinar on dementia care issues

"What's so special about special care" -- Dealing with units that specialize in Dementia Care

Space is limited.
Reserve your Webinar seat now at:

https://www3.gotomeeting.com/register/154415718

Join us for a webinar on November 8th, 2:00pm ET/11:00pm PT

 This session will address the required disclosure statements and the areas that were determined to be necessary to ensure quality care. We will discuss the different areas and how this impacts residents who live in our Special Care Units.  Looking at what aspects set one SCU apart from others and how that  impact the residents.  Learning ways to advocate for care that address the resident with dementia's special needs.  The second part of the session will look at the special care provided on these units from a regulatory aspect, identify common concerns and ways advocates can help improve quality of life for our residents.

Title:    "What's so special about special care" 

               -- Dealing with units that specialize in Dementia Care

Date:    Tuesday, November 8, 2011 

Time:    11:00 PM - 12:00 PM PDT / 2:00 PM - 3:00 PM EDT 

After registering you will receive a confirmation email containing information about joining the Webinar.

AALS Aging and the Law Listserv October 22, 2011

1. Declining Health Is Scary: Estate And Financial Planning Can Protect You: http://www.forbes.com/sites/hanisarji/2011/10/17/declining-health-is-scary-estate-and-financial-planning-can-protect-you/

 2. Older Americans Join in Street Protests: http://www.aarp.org/politics-society/advocacy/info-10-2011/occupy-wall-street-movement-joblessness-concerns.html

 3. Occupy Wall Street's Age Divide: http://www.thedailybeast.com/articles/2011/10/15/occupy-wall-street-why-baby-boomers-don-t-understand-the-protests.html

 4. Should Aides Be Allowed To Give Medications To Frail Seniors? http://www.forbes.com/sites/howardgleckman/2011/10/14/should-aides-be-allowed-to-give-medications-to-frail-seniors/

5. Obama Pulls Plug on Part of Health Overhaul Law: http://www.aarp.org/health/health-care-reform/news-10-2011/us--long-term-care-program.html/?intcmp=DSO-HP-SL1

 6. CLASS is Killed: But How Will We Pay for Long-Term Care Services? http://www.forbes.com/sites/howardgleckman/2011/10/15/class-is-killed-but-how-will-we-pay-for-long-term-care-services/

 7. Hidden Benefits: http://newoldage.blogs.nytimes.com/2011/10/12/caregivings-hidden-benefits/

 8. Steve Jobs Placed Certain Real Estate in Trust in 2009, Presumably to Prevent Disclosure: http://www.reuters.com/article/2011/10/07/us-apple-jobs-estate-idUSTRE79600420111007

 9. FDA Panel Unanimously Votes Down Parkinson's Drug: http://hosted.ap.org/dynamic/stories/U/US_PARKINSONS_DRUG_FDA?SITE=RIPAW&SECTION=HOME&TEMPLATE=DEFAULT

 10. Pfizer, Humana Form Research Pact On Elderly Health: http://www.reuters.com/article/2011/10/13/us-pfizer-humana-idUSTRE79C7NG20111013?type=companyNews

 11. The Legacy of Martina Navratilova: Encouraging Post-50 Adults to "Kick Some More Butt": http://www.huffingtonpost.com/dr-caroline-cicero/the-legacy-of-martina-nav_b_953963.html

Ann Murphy

Professor

Gonzaga University School of Law

(509) 313-3735

[email protected]

WEBSITE OF THE AALS SECTION ON AGING AND THE LAW:

http://aals.law.gonzaga.edu/

 

AALS Aging and the Law Listserv, October 14, 2011

Member News: Laurence C. Nolan (Professor of Law, Howard University) Dimensions of Aging and Belonging for the Older Person and the Effects of Ageism, 25 Brigham Young University Journal of Public Law, No. 2, Symposium Issue: Belonging, Families, and Family Law, presented at BYU Law School, January 28, 2011.

1. Hoping to Crack Alzheimer’s, Together as a Family: http://www.nytimes.com/2011/10/04/health/04alzheimers.html?_r=4

2. Massachusetts: The Road to the Ballot Box: http://www.deathwithdignity.org/2011/09/21/massachusetts-road-to-ballot-box/?utm_content=amurphy%40lawschool.gonzaga.edu&utm_source=VerticalResponse&utm_medium=Email&utm_term=READ%20MORE%20%3E&utm_campaign=Sept%2E%20Death%20with%20Dignity%20Digest%20%28The%20Calling%2C%20Massachusetts%29content

3. Why Are So Many Seniors Getting End-of-Life Surgery? http://healthland.time.com/2011/10/07/why-are-so-many-seniors-getting-end-of-life-surgery/?hpt=hp_t2

4. Medicare Urology Fraud At Columbia and New York Presbyterian Hospitals Yields $995,000 Federal Settlement: http://www.forbes.com/sites/billsinger/2011/10/06/medicare-urology-fraud-at-columbia-and-new-york-presbyterian-hospitals-yields-995000-federal-settlement/

5. Medicare Announces New Quality Measures for Special Needs Plans: http://www.forbes.com/sites/bernardkrooks/2011/10/05/medicare-announces-new-quality-measures-for-special-needs-plans/

6. Teenage Sisters Sentenced Over Plot to Kill Their Grandfather, 89: http://www.guardian.co.uk/uk/2011/sep/29/sisters-sentenced-plot-kill-grandfather

7. 4 Signs Economy is Heading Up for Seniors: http://money.usnews.com/money/blogs/the-best-life/2011/10/11/4-signs-economy-is-heading-up-for-seniors

8. Challenges of An Aging Workforce: http://www.ajc.com/news/challenges-of-an-aging-1192666.html

9. New Drugs to Prevent Strokes: http://newoldage.blogs.nytimes.com/2011/10/05/new-drugs-to-prevent-strokes/

10. Why Women Should Think Differently About Retirement: http://money.usnews.com/money/retirement/articles/2011/10/12/why-women-should-think-differently-about-retirement

Ann Murphy

Professor

Gonzaga University School of Law

(509) 313-3735

[email protected]

WEBSITE OF THE AALS SECTION ON AGING AND THE LAW:

http://aals.law.gonzaga.edu/

AALS Aging and the Law Listserv, October 6, 2011

1. The Social Security Institute's Questionnaire For Presidential Candidates: http://www.forbes.com/sites/lawrencehunter/2011/09/25/the-social-security-institutes-questionnaire-for-presidential-candidates/

 2. Next Steps for Some Beneficiaries In Medicare Special Needs Plans: http://www.medicareadvocacy.org/2011/09/next-steps-for-some-beneficiaries-in-medicare-special-needs-plans/

 3. Many Government Retirees Also Get Public Paychecks: http://hosted.ap.org/dynamic/stories/U/US_BROKEN_BUDGETS_DOUBLE_DIPPERS?SITE=CARIE&SECTION=HOME&TEMPLATE=DEFAULT

4. Laughter Might Be Good Medicine for Alzheimer's Patients: http://news.yahoo.com/laughter-might-good-medicine-alzheimers-patients-201008830.html

5. Three Things Apple iPads Do Well For Seniors and the One Huge Error Its Design Failed To Consider: http://www.forbes.com/sites/joanlappin/2011/09/28/three-things-apple-ipads-do-well-for-seniors-and-the-one-huge-error-its-design-failed-to-consider/

6. Health Care Law Looms Over New Supreme Court Term: http://www.aarp.org/health/health-care-reform/news-10-2011/us--supreme-court-preview.html

 

7. Elder Abuse Task Force Distributes Hearing Device: http://republicanherald.com/news/elder-abuse-task-force-distributes-hearing-device-1.1212362

8. Report on Medicare Cites Prescription Drug Abuse: http://www.nytimes.com/2011/10/04/health/policy/04medicare.html?_r=1&emc=eta1

 9. Social Security COLA Increase Likely: http://www.aarp.org/work/social-security/info-10-2011/social-security-cola-increase-likely.html?intcmp=DSO-HP-SL1

10. Granny finishes 53rd marathon: http://www.cnn.com/video/#/video/us/2011/10/04/dnt-83-yr-old-marathoner.wcco

11. Humor - 50 in the Rearview Mirror: http://www.aarp.org/personal-growth/transitions/info-09-2011/life-after-50-jacquelyn-mitchard.html?intcmp=DSO-HP-SL2

Ann Murphy

Professor

Gonzaga University School of Law

(509) 313-3735

[email protected]

 WEBSITE OF THE AALS SECTION ON AGING AND THE LAW:

http://aals.law.gonzaga.edu/