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Elder Law

Elder Law Blog

Discusses all aspects of elder law and related topics. Intended for law profs and elder law attorneys.
By Kim Dayton

Post Frequency: 8/day

Last Entry: March 21, 2011 at 17:48:13

UCLA study finds that federal elderly poverty standards underestimate living costs for seniors

Posted on March 14, 2008
The federal poverty guideline, used to determine income eligibility for many public programs, covers less than half of the basic costs experienced by adults age 65 and older in the state. This report shows how the new Elder Economic Security...

Congress rejects Bush Medicare, Medicaid cuts

Posted on March 14, 2008
Congress has rejected President Bush?s proposals to scale back spending on Medicare and Medicare, an indication that New Jersey hospitals may not need to reduce services or close to stay in business. The proposals were unpopular with congressional Democrats and...

Rising energy costs hit the elderly hard--so says CRS

Posted on March 13, 2008
RS22826 Impact of Rising Energy Costs on Older Americans March 04, 2008 Energy-related expenditures include spending for utilities and fuel to operate, heat, and cool homes and spending for gasoline and motor oil for private transportation. Energy prices to consumers...

GAO issues report on CMS "hold harmless" rule

Posted on March 13, 2008
Pursuant to section 801(a)(2)(A) of title 5, United States Code, the GAO has issued a report on a major rule promulgated by the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), entitled ?Medicaid Program; Health...

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CRS report discusses Roth and traditional IRAs

Posted on March 13, 2008
RL34397 Traditional and Roth Individual Retirement Accounts (IRAs): A Primer March 03, 2003 In response to concerns over the adequacy of retirement savings, Congress has created incentives to encourage individuals to save more for retirement through a variety of retirement...

US comptroller chides Congress for sticking its head in the sand on unfunded liabilities

Posted on March 12, 2008
Comptroller General David Walker on Monday "chided" Congress for "ignoring the long-term financial crisis" for entitlement programs such as Medicare and Medicaid, CongressDaily reports. In an interview with National Journal Group writers and editors, Walker, who will leave his post...

CCELS releases report on predatory lending in Canada

Posted on March 12, 2008
The Canadian Centre for Elder Law (CCEL), a division of the British Columbia Law Institute (BCLI), has just released its Study Paper on Predatory Lending Issues in Canada. The subprime mortgage crisis in the United States has made the issue...

Medicare Payment Advisory Commission's annual March report recommends physician reimbursement increase

Posted on March 11, 2008
The Medicare Payment Advisory Commission's annual March report has recommended a 1.1% physician reimbursement increase for next year and a reduction in payments to Medicare private health plans. The report assumes that lawmakers again will act to prevent physician pay...

Congress unlikely to do much about health care reform

Posted on March 11, 2008
Via KFF: As presidential candidates debate their health care proposals, Congress is "unlikely to pass any major health bill," this year preferring instead "a bite-sized approach," Roll Call reports. Among issues targeted by lawmakers this year are changes to Medicare...

101 years young and training for a marathon? Seriously!

Posted on March 10, 2008
Already Britain's oldest employee, 101-year-old Buster Martin now aims to become the world's oldest marathon runner by completing the London Marathon and celebrating with a pint of beer and a cigarette.Sprightly and bearded, he completed a half marathon at the...

NPR story focuses on elders victimized by reverse mortgages

Posted on March 10, 2008
For many seniors who are rich in home equity but poor in cash, reverse mortgages are becoming a popular option. The growth in these mortgages has skyrocketed in recent years. According to a 2007 report from the Department of Housing...

The last acceptable -ism--ageist jokes are still ok, it seems

Posted on March 10, 2008
Excerpted from the New York Times: In a campaign hypersensitive about race and gender, jokes that play on crude racial and sexual stereotypes may be muted. But not codger jokes. Comics have gone to town on Senator John McCain, who...

Not elder law: world's oldest vaccine has been destroyed

Posted on March 08, 2008
he government announced Friday that it has said goodbye to one of the world's greatest lifesavers ? the oldest smallpox vaccine. The U.S. Centers for Disease Control and Prevention this month made arrangements to dispose of the last of its...

Upcoming: May 2008 is Older Americans Month

Posted on March 08, 2008
And in honor thereof, the Census Bureau has released its annual "state of the elderly" fact sheet: A meeting with the National Council of Senior Citizens resulted in President John F. Kennedy designating May 1963 as Senior Citizens Month, encouraging...

Low income Part D beneficiaries stand to lose subsidies on April 1

Posted on March 08, 2008
From the Center for Medicare Advocacy:The Social Security Administration (SSA) has begun mailing "SSA Medicare Prescription Drug Assistance Notice of Termination" letters to some beneficiaries who are currently receiving the low-income subsidy (LIS) or "Extra Help...

2008 Ann F. Baum Memorial Lecture on Elder Law

Posted on March 03, 2008
The 2008 Ann F. Baum Memorial Lecture on Elder Law will be delivered on Monday, March 3 at 12:30 p.m. in the Max L. Rowe Auditorium by Professor Jon Pynoos of the University of Southern California. The lecture is entitled...

Scottish nurse found guilty of murdering elderly patients

Posted on March 03, 2008
A nurse has been found guilty of murdering elderly patients in his care at two Leeds hospitals. Colin Norris, 32, had denied killing the four women at Leeds General Infirmary and St James's Hospital in 2002 by injecting them with...

Iowa smoking ban legislation would not apply to nursing homes

Posted on March 03, 2008
A sweeping statewide smoking ban passed the Iowa Senate Wednesday night, but whether it becomes law depends on House Democrats' ability to drum up the votes for it. After the 29-21 vote, there was jubilation among Senate Democrats who have...

Manufacturing honchos doubt Congressional resolve (caj--?) to reform health care

Posted on February 29, 2008
CHICAGO (Reuters) - Chief executives from the U.S. manufacturing and transportation sectors say something must be done about soaring health-care costs but doubt the ability of Washington to come up with meaningful, bipartisan reform. "There is a lot of work...

How creepy is this????

Posted on February 29, 2008
Life Gem is an Australian company that creates lab diamonds from cremains. Seriously. Here is the promo: The LifeGem� is a certified, high-quality diamond created from the carbon of your loved one as a memorial to their unique life. Love....

Centers for Medicare & Medicaid Services presents "Supporting Rural Family Caregivers"

Posted on February 29, 2008
Centers for Medicare & Medicaid Services and DHHS New Freedom Initiative Subcommittee on Caregiving presents "Supporting Rural Family Caregivers" March 19, 2008 - 1-3:30 PM (Eastern Time) The purpose of this satellite broadcast is to conduct a discussion of the...

Feb. BIFOCAL now available

Posted on February 29, 2008
The February 2008 issue of BIFOCAL, Journal of the ABA Commission on Law and Aging , is now available. This issue features: Team Approach to Guardianship Preserves Independence of Ward, Generates Savings for State, by Jean Callahan and Andrea Snelson,...

CRS report discusses pending congressional bills on estate tax

Posted on February 28, 2008
Under provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA, P.L. 107-16), the estate tax exclusion is scheduled to continue to rise, from $2 million for decedents dying in 2008, to $3.5 million in 2009. The...

GAO report says that Medicare Advantage beneficiaries may pay more despite gov't subsidies

Posted on February 28, 2008
In 2007, plans projected that relatively little of their rebates would be spent on additional benefits compared to cost-sharing and premium reductions. Of the average projected rebate amount of $87 PMPM, plans projected they would allocate about $10 PMPM (11...

Symposium issue on voting rights and cognitive impairment is now onl-line

Posted on February 27, 2008
The McGeorge School of Law has put the entire special Symposium Issue on "Facilitating Voting as People Age: Implications of Cognitive Impairment" on its web site at: http://www.mcgeorge.edu/x762.xml At that page, scroll down to Issue 38, Number 4. Thanks to...

Part D structure is undermiining Medicare's long term financial security--duh

Posted on February 27, 2008
When President Bush signed the Medicare drug prescription law in 2003, describing it as "the greatest advance in health care for America's seniors," he was criticized because the plan could prove to be hugely costly and someday end up wrecking...

Minn. non-profit to offer LTC resident dental plan

Posted on February 26, 2008
A Minnesota nonprofit group has announced a pilot program that offers dental insurance specifically designed for long-term-care residents and their families. Care facilities that join will offer the insurance, said Dr. Michael Helgeson, chief executive officer of Apple Tree Dental...

AoA updates annual "Profile of Older Americans"

Posted on February 26, 2008
Profile of Older Americans 2007 http://www.aoa.gov/prof/Statistics/profile/profiles.asp or http://www.aoa.gov/prof/Statistics/profile/2007/2007profile.pdf [full-text, 19 pages] and Highlights http://www.aoa.gov/prof/Statistics/profile/2007/2.asp Courtesy Jon Forman.

KFF rounds up editorials on Bush Medicare "reform"

Posted on February 26, 2008
Several newspapers recently published editorials and an opinion piece on a Medicare proposal recently announced by the Bush administration. Summaries appear below. Daytona Beach News-Journal: A "rich nation should care for its elderly in return for their lifetime of productivity...

CMA seeks associate director for advocacy

Posted on February 26, 2008
The Center for Medicare Advocacy, the country?s foremost Medicare advocacy organization seeks an experienced attorney for a new, senior management position in its Connecticut office. The Associate Director for Advocacy will be responsible for the day-to-day supervision of the lawyers...

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