ABA Commission on Law and Aging reaches out to help seniors select drug plan

How do I select a prescription drug plan? What happens if I don't sign up? What if my medicines change? These are a few of the questions on the minds of many seniors as they consider and study the new Medicare Part D prescription drug program.

For many seniors - often along with their children - the various plans are confusing and are leading seniors to wonder who they can turn to for answers. The decision is especially difficult for families who must try to make a determination for a loved one who suffers from Alzheimer's disease. The Medicare Advocacy Project, a joint effort of the Alzheimer's Association and the ABA Commission on Law and Aging, was formed in 1998 to respond to Alzheimer's-related Medicare inquiries. Part of that effort has focused on the new Medicare prescription drug program, for which seniors are now eligible to enroll.

Under Medicare regulations, only an "authorized representative" may act on behalf of a beneficiary for enrollment purposes. The regulations indicate that this means someone with legal authority to act under state law. Medicare guidance clarifies that agents under a health care power of attorney and guardians may enroll Medicare beneficiaries in the new Medicare part D plans; however, this may not be consistent with some states' laws and leaves many unanswered questions.

The Commission on Law and Aging has a series of fact sheets about the program available on its Web site including a timeline of important dates, a drug benefit fact sheet, information on getting additional help in paying for prescription drugs, and more.

The Commission is also working with other organizations on an informal basis to create a fax sheet that can be used by pharmacists and doctors to relay problems with payment of a prescription by a Medicare plan.

Working with the Centers for Medicare and Medicaid Services, the Commission is also looking into the potential for conflict between a nursing home's responsibility to follow an individual's plan of care and payment of medications. Finally, the Commission has provided in-depth training to the Alzheimer's Association contact center, which provides around-the-clock telephone assistance to Alzheimer's families and individuals.

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