Advocates for homeless people in many big cities say they have seen a spike in the number of elderly homeless, who have unique health and housing needs. Some communities, including Phoenix and Orange County in California, are racing to come up with novel solutions, including establishing senior shelters and hiring specially trained staff.
Thursday, August 22, 2024
New Article From Professor Richard Kaplan
Read anything written by Professor Kaplan. He's the best. Here is the info he provided about his most recent article:
Analyzing the New Planning Opportunities in SECURE 2.0 for Retirement Plan Participants , 42 Elder L.J. 93-114 (2024). SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4924711
Abstract: This article examines and analyzes six major changes enacted by the SECURE 2.0 Act of 2022 pertaining to current plan participants in retirement plans. Those changes relate to: (1) increased contribution limits for 60-year-old employees, (2) longevity annuities, (3) charitable gift annuities, (4) long-term care insurance, (5) unused funds in section 529 college savings plans, and (6) emergency withdrawals. These provisions vary considerably in their connection to the principal purpose of employer-provided retirement plans – namely, to finance the retirement of affected employees. But they represent Congressional efforts to address some of the deficiencies in the present tax-subsidized matrix of employer-provided retirement savings plans and may appeal to affected plan participants. In this regard, they continue the pattern of recent years of using pension plans to accommodate an ever-widening array of social initiatives that are related only tangentially, if at all, to providing income when plan participants retire.
Thank you Professor Kaplan for letting us know about this latest article!
August 22, 2024 in Consumer Information, Current Affairs, Federal Statutes/Regulations, Retirement | Permalink
Tuesday, May 28, 2024
Is the Ability to Retire Becoming a Luxury?
The Tampa Bay Times ran an editorial about the fact that some folks will not be able to afford to retire. Retirement is a growing luxury in the US offers that, for various reasons, older workers are returning to the work force after retirement, or not retiring at all. The editorial discusses a recent survey from AARP, New AARP Survey: 1 in 5 Americans Ages 50+ Have No Retirement Savings and Over Half Worry They Will Not Have Enough to Last in Retirement "shows that "20% of adults ages 50+ have no retirement savings, and more than half (61%) are worried they will not have enough money to support them in retirement. The findings also reveal a decline in overall sense of financial security among men, 42% of whom describe their financial situation as “fair” or “poor,” up from 34% in the beginning of 2022. However, roughly 40% of men who are regularly saving for retirement believe they are saving enough, compared to just 30% of women."
Keep in mind, the editorial cautions, there is a difference between older Americans who continue to work because they enjoy it compared to those who keep working because they can't afford to retire. Thee article also discusses the different savings behaviors when the employer offers a plan to help workers save for retirement.
May 28, 2024 in Consumer Information, Current Affairs, Retirement | Permalink | Comments (0)
Is the Ability to Retire Becoming a Luxury?
The Tampa Bay Times ran an editorial about the fact that some folks will not be able to afford to retire. Retirement is a growing luxury in the US offers that, for various reasons, older workers are returning to the work force after retirement, or not retiring at all. The editorial discusses a recent survey from AARP, New AARP Survey: 1 in 5 Americans Ages 50+ Have No Retirement Savings and Over Half Worry They Will Not Have Enough to Last in Retirement "shows that "20% of adults ages 50+ have no retirement savings, and more than half (61%) are worried they will not have enough money to support them in retirement. The findings also reveal a decline in overall sense of financial security among men, 42% of whom describe their financial situation as “fair” or “poor,” up from 34% in the beginning of 2022. However, roughly 40% of men who are regularly saving for retirement believe they are saving enough, compared to just 30% of women."
Keep in mind, the editorial cautions, there is a difference between older Americans who continue to work because they enjoy it compared to those who keep working because they can't afford to retire. Thee article also discusses the different savings behaviors when the employer offers a plan to help workers save for retirement.
May 28, 2024 in Consumer Information, Current Affairs, Retirement | Permalink | Comments (0)
Is the Ability to Retire Becoming a Luxury?
The Tampa Bay Times ran an editorial about the fact that some folks will not be able to afford to retire. Retirement is a growing luxury in the US offers that, for various reasons, older workers are returning to the work force after retirement, or not retiring at all. The editorial discusses a recent survey from AARP, New AARP Survey: 1 in 5 Americans Ages 50+ Have No Retirement Savings and Over Half Worry They Will Not Have Enough to Last in Retirement "shows that "20% of adults ages 50+ have no retirement savings, and more than half (61%) are worried they will not have enough money to support them in retirement. The findings also reveal a decline in overall sense of financial security among men, 42% of whom describe their financial situation as “fair” or “poor,” up from 34% in the beginning of 2022. However, roughly 40% of men who are regularly saving for retirement believe they are saving enough, compared to just 30% of women."
Keep in mind, the editorial cautions, there is a difference between older Americans who continue to work because they enjoy it compared to those who keep working because they can't afford to retire. Thee article also discusses the different savings behaviors when the employer offers a plan to help workers save for retirement.
May 28, 2024 in Consumer Information, Current Affairs, Retirement | Permalink | Comments (0)
Wednesday, May 22, 2024
Baby Boomer Asset Transfers Doesn't Mean Millennials are financially set
The New York Times ran an article, A Wealth Shift That Could Leave Some Younger Americans Behind, The article discusses a significant wealth transfer that will occur as boomers reach the end of their lives, but notes some boomers and families do not fit that narrative.
Baby boomers have trillions of dollars in wealth that some economists predict will have a significant impact on their millennial-aged children when they inherit the cash, homes, stock portfolios and other assets their elders hold. But experts say that the narrative of millennials’ paying off debts and wielding greater spending power over the next two to three decades is complex — and leaves out families without enough assets to pass along.
In addition, there seems to be a lack of sharing of financial information between the generations which can lead to misconceptions, among other things. And there is always a chance that the boomer parent may need to pay for long term care for a length of time. Yes there is going to be a significant wealth transfer as the boomers reach the end of their lives. But it is not going to be across the board; instead it will depend on the circumstances.
May 22, 2024 in Current Affairs, Health Care/Long Term Care, Retirement | Permalink
Monday, February 5, 2024
Washington Continuing Care (CCRC) Residents Present Specific "Asks" for Consumer Protections to State Officials
On February 5, 2024, residents of "continuing care retirement communities" (CCRCs), also known as "life plan communities" (LPCs), made a formal presentation to officials from several departments of Washington State government, specifying key regulatory priorities when considering "financial solvency" for this segment of the "senior living industries." I was able to sit in on the meeting, as someone who has worked with Washington residents about their concerns.
CCRCs are a relatively new focus for legislators in the state of Washington, with "registration" of CCRCs becoming an option in 2017. But examples of concerns offered by residents demonstrated their concern that a clear state system of regulation is overdue. The spokespeople for WACCRA, the state organizations of CCRC Residents in Washington, were organized, detailed and offered precedents from other states. They requested legislation that:
- Provides formal "licensure" by the state
- Provides key Resident Rights, including Ombuds' support for dispute resolution
- Requires facilities to participate in periodic financial reviews, including actuarial reports, in order for the State to better ascertain the ongoing ability of the CCRC to meet both short- and long-term commitments
- Mandates limitations or prohibitions on facilities' use of residents' payments for services not directly related to resident needs
- Some method by which residents' contracts and entrance fees are prioritized in the event of a bankruptcy
- CCRCs be required to fulfill promises of "refundable entrance fees," in a timely and fair manner, such as a system of "first out/first repaid"
- Adopts stronger safeguards for funding of "life time care," perhaps through guarantee or surety bonds
- Permits residents to participate as voting members of each CCRC's Board of Directors
- Assures "meaningful and effective enforcement" of CCRC's obligations to residents, including financial solvency
Additional stakeholders in CCRCs and LPCs including LeadingAge Washington and, of course, operators of any of these enterprises. A series of similar meetings are to take place from February through April of 2024. The goal is a final State report to the Legislature no later than July 16, 2024.
February 5, 2024 in Consumer Information, Current Affairs, Health Care/Long Term Care, Housing, Retirement, State Cases, State Statutes/Regulations, Statistics | Permalink | Comments (0)
Tuesday, May 23, 2023
Aging Issues in the News
To me, it seems recently there are more articles in major publications about aging than in the past. For example, yesterday in the Washington Post, there were three:
‘Granny flats’ play surprising role in easing California’s housing woes
Seniors are flooding homeless shelters that can’t care for them;
and
an opinion esssay, My neighbor lived to be 109. This is what I learned from him.
The "Granny Flats" article notes that this popular name for accesssory dwelling units is someo thing of a misnomer today as the focus of the article is on the popularity of using ADUs to help with the housing crisis:
The numbers tell the tale: More than 23,000 ADU permits were issued in California last year, compared with fewer than 5,000 in 2017 — which was around when ADU permitting began to take off thanks to legislative and regulatory changes in the state. The state now requires faster permit approval by localities, and establishes that cities must allow ADUs of at least 850 square feet — though many are much bigger. A number of other bills are being debated in Sacramento, including one by Assemblymember Phil Ting (D) that would allow property owners to sell their ADUs separately from their main houses.
The second article, also on housing, is more troubling, noting the number of elders who are unhoused.
Nearly a quarter of a million people 55 or older are estimated by the government to have been homeless in the United States during at least part of 2019, the most recent reliable federal count available. They represent a particularly vulnerable segment of the 70 million Americans born after World War II known as the baby boom generation, the youngest of whom turn 59 this year.
...
“It’s just a catastrophe. This is the fastest-growing group of people who are homeless,” said Margot Kushel, a professor of medicine and a vulnerable populations researcherat the University of California at San Francisco.
The opinion piece is based on a forthcoming book about the author's 109 year old neighbor. ("This essay was adapted from “The Book of Charlie: Wisdom from the Remarkable American Life of a 109-Year-Old Man,” by David Von Drehle.")
And these articles are in addition to articles about the debt ceiling negotiations. Off to read more.
May 23, 2023 in Consumer Information, Current Affairs, Health Care/Long Term Care, Housing, Other, Retirement, State Statutes/Regulations | Permalink
Sunday, February 19, 2023
New Article from Professor Kaplan on IRAs
I am remiss in not telling you sooner that Professor Richard Kaplan has a new article. Anything he publishes is a must-read in my book. Here's the info
The Declining Appeal of Inherited Retirement Accounts is now in print: 42 Va. Tax Rev. 267-85 (2023).
SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4323136
Abstract: As retirement accounts proliferate and grow in value, American retirees are increasingly leaving substantial balances in these accounts to their adult children, siblings, and other relatives. Until recently, these new owners were able to withdraw funds from these tax-favored accounts over their lifetimes as their personal circumstances dictated. But legislation enacted in late 2019 and regulations issued in February 2022 have sharply limited the flexibility that non-spousal beneficiaries now have regarding these assets. This article examines those changes, analyzes their impact on the new owners of inherited retirement accounts, and considers what planning strategies are now appropriate.
Thanks Professor Kaplan!
February 19, 2023 in Consumer Information, Current Affairs, Retirement | Permalink
Thursday, February 16, 2023
Medicare and Social Security Projections-Not Unexpected?
The news from the Congressional Budget Office underscores the reality that the SSA and Medicare Trustees have been pointing out for a while now. According to an article yesterday in The Hill, CBO warns of sharp uptick in Social Security, Medicare spending,
Federal spending on Social Security and Medicare is projected to rise dramatically over the next decade, far outpacing revenues and the economy on the whole while putting new pressure on Congress to address accelerated threats of insolvency, according to new estimates from the Congressional Budget Office (CBO).
The increase is driven by a variety of factors, including Social Security’s new cost-of-living adjustment, the rising cost of medical services under Medicare and greater participation rates in both programs, as the last of the baby boomers become eligible for retirement benefits.
Further, in Social Security set to run short of funds one year earlier than expected the director of the CBO explains
Social Security funds are set to start running a shortfall in 2032, one year earlier than previously expected, the director of the Congressional Budget Office (CBO) said on Tuesday.
“The Social Security solvency date — the exhaustion date for the trust fund — is now within the budget window,” CBO Director Phillip Swagel said, referring to the 10-year period covered by the agency’s annual report.
If the Social Security funds become insolvent and there is no change to current laws, beneficiaries would see a more than 20 percent reduction in their benefits, Swagel added.
This is the CBO’s second update to the Social Security insolvency date in the last two months, after it adjusted its projection down to 2033 in mid-December.
And finally, in Axios today, Medicare politics are on a crash course with reality
By the numbers: Medicare spending is expected to more than double by 2033 — climbing to $1.6 trillion, or over 4% of the entire U.S. economy, according to an estimate released yesterday by the Congressional Budget Office.
[T]he program's trustees have said the fund that pays for Medicare's hospital coverage will soon reach a dangerous tipping point — paying out more than it takes in. On that trajectory, it eventually wouldn't be able to pay for the coverage it's supposed to provide.
Want to read the full CBO report? It's here.
Misquoting Bette Davis, "Fasten your seatbelts. It's going to be a bumpy ride."
February 16, 2023 in Consumer Information, Current Affairs, Federal Statutes/Regulations, Health Care/Long Term Care, Medicare, Retirement, Social Security | Permalink
Thursday, September 15, 2022
Economic Insecurity for Older Adults
Kaiser Health News ran a sobering article, ‘It’s Becoming Too Expensive to Live’: Anxious Older Adults Try to Cope With Limited Budgets.
Economic insecurity is upending the lives of millions of older adults as soaring housing costs and inflation diminish the value of fixed incomes.
Across the country, seniors who until recently successfully managed limited budgets are growing more anxious and distressed. Some lost work during the covid-19 pandemic. Others are encountering unaffordable rent increases and the prospect of losing their homes. Still others are suffering significant sticker shock at grocery stores.
The article goes on to focus on the circumstances of 3 individuals and the inpact of unexpected circumstances can have on the financial security of someone who worked hard all their lives.
Along the same lines, don't miss this article from the New York Times, Downsizing in Retirement: Expenses They Didn’t Expect.
Focusing on unexpected expenses that arise from downsizing, such as making improvements in order to sell the house and closing costs related to the sale, the article also discusses the impact of the housing market and interest rates on the ability to sell the house, the costs incurred in finding a new home, and of course, who can forget, taxes associated with the sale of the home.
September 15, 2022 in Consumer Information, Current Affairs, Health Care/Long Term Care, Housing, Retirement | Permalink | Comments (0)
Wednesday, September 14, 2022
Companies Eliminating Mandatory Retirement to Keep Older Executives
According to an article in the Washington Post, Target is the latest corporation to ditch its mandatory age retirement policy in order to keep an older exec. Target axes mandatory retirement age as CEOs stay on the job longer
explains Target joins other large corporations that have done away with the age limit for their execs as "a way to keep high-performing executives in their jobs... Older executives are sticking around longer, with the average age of an outgoing chief executive reaching 64 in 2021, up from 61 in 2020, according to research from SpencerStuart, which tracks data on CEO transitions." The article looks at research and notes the trend to do away with these types of policys, as well as noting some the ages of some famous execs who worked for many years.
September 14, 2022 in Consumer Information, Current Affairs, Other, Retirement | Permalink | Comments (0)
Friday, September 2, 2022
Is Florida Still An Affordable Retirement Option?
That's the question that was asked in a recent article in the Tampa Bay Times. Is Florida still an affordable place to retire? Amid rising costs, some seniors are reconsidering. Let me set the stage with this excerpt:
Cheaper than Miami or Naples, with destination beaches and a city once nicknamed “God’s Waiting Room,” Tampa Bay has long been hailed as an affordable place to retire in The Sunshine State.
But it’s becoming untenable for many seniors to survive in the area.
While costs are climbing everywhere, Tampa Bay’s prices have outpaced the national average. Area prices rose by roughly 11% in the last year, according to the U.S. Bureau of Labor Statistics, compared to just 9% nationally.
Retirees, who depend largely on fixed incomes, are feeling it.
Read the article and draw your own conclusions. I have.
September 2, 2022 in Consumer Information, Current Affairs, Health Care/Long Term Care, Housing, Retirement | Permalink | Comments (0)
Thursday, September 1, 2022
Planning for Your Special Needs Child and Retirement
The New York Times ran this article last week. Planning for Your Retirement, and for a Child’s Special Needs, All at Onceexplains "[f]or parents of children who have serious disabilities or special needs, the challenges of growing and preserving their wealth are magnified exponentially, and the stakes are much higher. While they are trying to plan for their own retirements, these parents need to simultaneously secure the stability of a son or daughter who will be dependent on them until — and even after — their deaths." The article does a good job of framing and discussing the issues and options and provides good examples.
September 1, 2022 in Cognitive Impairment, Consumer Information, Current Affairs, Federal Statutes/Regulations, Health Care/Long Term Care, Medicaid, Retirement | Permalink | Comments (0)
Wednesday, August 3, 2022
More from Pennsylvania Commonwealth Court on Charitable Tax Exemption for CCRC
On August 3, 2022, the Pennsylvania Commonwealth Court issued its latest ruling in the long-running case of Friends Boarding Home of Western Quarterly v. Commonwealth, with an en banc opinion rejecting Friends Home's exceptions to the appellate court's earlier three-judge panel ruling. The full court focuses closely on the use of residents' fees to operate the Continuing Care Retirement Community (CCRC) and the argument that because "some" residents receive subsidized care the facility is donating the necessary "substantial" portion of its services. For example:
Between 2014 and 2017, Friends incurred annual operating losses between $386,620-$542,652. In 2018, Friends had an operating deficit of $265,569 and for 2019, $790,069. Friends maintains that these deficits lend additional support that Friends’ rates contain substantial subsidies that benefit all residents, such that it satisfied the requirement that it donates or renders gratuitously a substantial portion of its services.
We recognize that Friends incurs operating deficits that it covers with funds generated from investments and contributions. However, Friends’ argument that its operating deficits prove that it donates a substantial portion of its services by subsidizing all rates is once again refuted by the fact that there are for-profit facilities in the vicinity of Friends Home providing similar services at comparable rates. Even though Friends may incur operating deficits, it has not demonstrated that it donates “a substantial portion of its services” “to those who cannot afford the ‘usual fee.’” HUP, 487 A.2d at 1315 n.9. Thus, we discern no error in the conclusion reached [by the Panel] in Friends Boarding Home in this regard.
My Pennsylvania colleague Douglas Roeder and I recently co-authored an article about the ongoing challenges for nonprofit organizations, especially those who offer fee-based services. The latest ruling from the Pennsylvania Commonwealth Court would seem to deepen the need for certain nonprofits who seek "purely charitable" tax exemptions to carefully consider their charitable mission. I'm also thinking that nonprofit CCRCs would also be well advised to have candid discussions of their charitable missions with both potential residents and current residents. Ultimately, it will be the more solvent residents who make up the difference in support of the charitable mission.
August 3, 2022 in Consumer Information, Current Affairs, Housing, Retirement, State Cases, State Statutes/Regulations, Statistics | Permalink | Comments (0)
Aging Too Expensive For Many?
Last week, Kaiser Health News ran a concerning article, ‘True Cost of Aging’ Index Shows Many Seniors Can’t Afford Basic Necessities. "
More than half of older women living alone — 54% — are in a similarly precarious financial situation: either poor according to federal poverty standards or with incomes too low to pay for essential expenses. For single men, the share is lower but still surprising — 45%.
That’s according to a valuable but little-known measure of the cost of living for older adults: the Elder Index, developed by researchers at the Gerontology Institute at the University of Massachusetts-Boston.
A new coalition, the Equity in Aging Collaborative, is planning to use the index to influence policies that affect older adults, such as property tax relief and expanded eligibility for programs that assist with medical expenses. Twenty-five prominent aging organizations are members of the collaborative.
The goal is to fuel a robust dialogue about “the true cost of aging in America,” which remains unappreciated, said Ramsey Alwin, president and chief executive of the National Council on Aging, an organizer of the coalition.
The Index provides data for states, cities and counties, truly a valuable amount of information. Consider in addition the inflation we are currently experiencing. Read the entire article. It's sobering.
August 3, 2022 in Consumer Information, Current Affairs, Other, Retirement | Permalink | Comments (0)
Monday, July 25, 2022
Do Federally Exempt Nursing Homes, Assisted Living, and Continuing Care Communities Also Qualify as "Institutions of Purely Public Charity?"
The latest in a series of senior-care related cases is making its way through the Pennsylvania appellate courts, asking whether a federally tax exempt senior living facility -- one that offers a range of options including independent living, "supported" independent living, personal care, and skilled care, although it isn't licensed as a CCRC -- can also qualify for state property and sales tax exemptions.
Pennsylvania, in ways similar to many states, allows a federal charitable tax exemption under Rev. Code Section 501(c)(3) to serve as the basis for state exemptions from income taxes, but a separate state statute sets tougher requirements to qualify as a "purely public charity" in order to avoid responsibilities to pay real property, sales and use taxes. Nursing homes, intermediate care settings (such as personal care or assisted living), and continuing care retirement communities (CCRCs) often rely on federal revenue rulings that recognize historical grounds to exempt "homes for the aged" from taxation. See e.g., Rev. Rul. 72-124 (also available at 1972 WL 30720). But on a fairly regular basis, Pennsylvania taxing authorities have challenged such enterprises as not being "sufficiently" charitable. Compare, for example In re St. Margaret Seneca Place, 640 A.2d 380 (Pa. 1994) (upholding state tax exemptions for a nursing home) with Appeal of Dunwoody Village, 52 A.3d 408 (Pa. Commw. 2012) (denying state tax exemption for a CCRC). In September 2021, a panel of the Commonwealth Court of Pennsylvania, using a "totality of the circumstances" approach concluded that the facility failed to donate a substantial portion of its services, and failed to show it benefits a substantial and indefinite class of persons who are subjects of charity. See Friends Boarding Home of Western Quarterly Meeting v. Commonwealth, 260 A.3d. 1064 (Pa. Commw. 2021).
The case is now under review for en banc consideration by the full Commonwealth Court, and there are indications the case might go all the way to the Pennsylvania Supreme Court. Working with my former Elder Protection Clinic colleague, Douglas Roeder, Esq., we examine a series of cases and trends under Pennsylvania law, including those involving senior living enterprises, as reasons to consider larger implications for federal and state exemptions based on charitable grounds. See Putting the Charity Back in Purely Public Charities (July 2022).
July 25, 2022 in Consumer Information, Current Affairs, Federal Statutes/Regulations, Health Care/Long Term Care, Housing, Retirement, State Cases, State Statutes/Regulations | Permalink | Comments (0)
Monday, May 9, 2022
Pandemic Retirees Unretiring?
The Washington Post recently published Millions retired early during the pandemic. Many are now returning to work, new data shows. Although a significant number of folks retired early,
Many retirees are being pulled back to jobs by a combination of diminishing covid concerns and more flexible work arrangements at a time when employers are desperate for workers. In some cases, workers say rising costs — and the inability to keep up while on a fixed income — are factoring heavily into their decisions as well.
But those reentering the work force are not just those who retired during the pandemic.
The percentage of retirees returning to work has picked up momentum in recent months, hitting a pandemic high of 3.2 percent in March, according to Indeed. In interviews with nearly a dozen workers who recently “un-retired," many said they felt comfortable returning to work now that they’ve gotten the coronavirus vaccine and booster shots. Almost all said they’d taken on jobs that were more accommodating of their needs, whether that meant being able to work remotely, travel less or set their own hours.
The article provides a number of interesting examples of individuals who are "unretiring" and why they chose to do so.
May 9, 2022 in Consumer Information, Current Affairs, Other, Retirement | Permalink | Comments (0)
Sunday, May 8, 2022
Residents Are Asking a Lot of Questions -- Tough Questions -- about CCRCs
It is Sunday, and I'm looking at a long list of things to do next week, with grading exams at the top of my list. Significantly, however, in the last six to eight months, at increasing rates, I'm hearing from current and prospective residents of Continuing Care Retirement Communities (CCRCs, also sometimes called Life Plan Communities). Here are examples of some of the most often asked questions:
- "The company that runs my CCRC is about to engage in development of a new CCRC. Is the money I've already paid in the form of an admission fee, or the money I continue to pay as monthly service fees, going to support this new development?"
- "During the lock-down associated with protecting residents and the public from COVID-19, we were asked to give up services that were the very reason we choose this community. But now that we are no longer locked down, the services either are not returning or the fees we are charged are actually increasing. Is there some effective way to object to this disconnect between the promises and the delivery of services?"
- "My parents are thinking about moving into a CCRC. On the one hand, I like the idea of the active community they are choosing. But on the other hand, the amount they are expected to pay in the form of an admission fee is astounding. Why are some communities calling this a refundable fee and others are saying it isn't a refundable fee? What are the protections for the 'refundable' fee?"
- "We have just learned that our nonprofit CCRC is being transferred to a for-profit company as the owner-operator. How is this likely to impact my wife and I as residents?"
Answers to many of these questions depend on the state's laws governing this form of senior living operation and, even more, on the particular contracts between the resident and the provider. State regulators have concerns here too. For those looking for legal assistance in their particular community, I sometimes recommend looking for attorneys in the caller's home state, someone who understands CCRCs from a resident perspective. I first wrote about the need for attorneys who understand resident perspectives in 2006.
Sometimes "elder law" attorneys have this expertise, but not always. Plus, it can be important to consult with an attorney who understands consumer protection laws, and not "just" CCRC law. Finally, if litigation is actually on the horizon, the choice for legal advice can depend on whether the attorneys have expertise in litigation or dispute resolution and not "just" contract law.
So, all of this is a short way of saying that even though, as an legal academic, I often write about the importance of resident rights in CCRCs, and even though I believe the future of CCRCs is very much tied to the answers, I'm not in a position to respond to individual questions. The very fact that I'm writing this Blog Post is a potential indication that something important could be going on in the industry. Perhaps that "something" should be addressed by the industry itself, especially if it wants the CCRC concept not just to survive, but thrive. In my opinion, it is not enough for the industry to say that "every CCRC is different."
May 8, 2022 in Consumer Information, Current Affairs, Health Care/Long Term Care, Housing, Property Management, Retirement, State Cases, State Statutes/Regulations | Permalink | Comments (0)
Tuesday, May 3, 2022
RFP: Washington State Seeks Expert Consultation to Develop CCRC Regulations with Heightened Consumer Protections
I'm always interested when I start getting lots of calls or emails about a certain topic in aging. Today I was hearing from a lot of people wanting to talk about Continuing Care Retirement Communities (CCRCs, sometimes also called Life Plan Communities or LPCs). It is safe to say that all forms of senior living operations are facing new challenges after being hit hard by the lockdowns and staffing problems of the last two years with COVID-19.
But one of the most interesting set of calls was from the State of Washington, where residents have been using their time together during COVID to think carefully about the need for certain key protections for consumers who put their money and trust into CCRCs. The Washington Continuing Care Residents Association (WACCRA) has worked carefully, calmly and diligently to reach the ears of legislators and regulators in the state. I had the pleasure of hearing from members and residents of CCRCs in Washington last October and speaking at their annual meeting.
Today, I heard that the Office of Insurance Commissioner in Washington has initiated a Request for Proposals for a time-sensitive research project:
This project is designed to assess federal and state authorities regulating continuing care retirement communities (CCRCs) and provide a report with recommendations on creating a legal framework for shared regulatory oversight of CCRC products under Chapter 18.390 RCW, which may achieve heightened consumer protections.
Interested researchers -- with background in regulatory systems for CCRCS -- should act quickly as the deadline for submissions is May 23, 2022.
Click HERE FOR THE FULL DETAILS!
May 3, 2022 in Consumer Information, Current Affairs, Grant Deadlines/Awards, Health Care/Long Term Care, Housing, Retirement, State Cases, State Statutes/Regulations | Permalink | Comments (1)
Friday, April 29, 2022
Working Longer Means Fewer Years of Healthy Retirement?
Earlier this month, Forbes ran this article, American Elders Are Short-Changed 5 Years Of Healthy Retirement, which explains that
America’s elders die sooner and are sicker than their counterparts in other rich nations. American elders also must work longer than their cohort abroad. These trends mean that Americans get fewer years of healthy retirement life than elders in comparable wealthy nations—five years less, in fact.
One reason for this big gap in healthy retirement is the pressure for American elders to work longer. Among major rich nations, Americans work longer than anyone except the Japanese, who retire at age 67.9 while Americans work until age 65 on average; but the Japanese live longer, so experience more healthy retirement time.
Consider this from the author: "It's sad to know that America’s de facto plan for retirement is working longer and dying sooner. This inequality of retirement time is caused by the crossing of two swords: the growing inequality of retirement wealth and the growing inequality of longevity. These inequities are deeply connected. If people who die younger could retire earlier than those with longer and healthier lives, retirement time could at least be distributed more equally."
The full article discussing life expectancy in the U.S. and abroad, as well as work histories, is available here.
April 29, 2022 in Consumer Information, Current Affairs, Other, Retirement, Statistics | Permalink | Comments (0)