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Senior Lawyers Division

Experienced Lawyers in Action | ABA SENIOR LAWYERS DIVISION | APRIL 2008
 


Aging

Aging, caring for aged
Children, getting old themselves, provide support
for elderly parents
By Roger Catlin, Courant News

Senior care company urges ‘40/70 rule’
By Bill Burell, Daily Gazette

 

Elder Abuse

Beware of scams: get your economic stimulus payment safely and securely
AARP

The next target in elder abuse suits: assisted living facilities
By Petra Pasternak, The Recorder
Source: Law.com

 

Elder Law

Bills Introduced
S 2794 (Kohl, D-WI), to protect older Americans from misleading and fraudulent marketing practices, with the goal of increasing retirement security; to Judiciary. S2295, remarks S2297, CR 4/2/08.

S 2708 (Boxer, D-CA), to amend the Public Health Service Act to attract and retain trained health care professionals and direct care workers dedicated to providing quality care to the growing population of older Americans; to Health, Education, Labor, and Pensions. S1596, CR 3/5/08.

Hearings
The Senate Special Aging Committee held a hearing on a proposal that would provide a grant program funding the preparation of independent, objective, unbiased, drug reviews at universities, medical schools and pharmacy schools that would be distributed to physicians and be made available to consumers online. 3/12/08, 10:30 am, 562 Dirksen.

Notices
On 3/31/08, the Equal Employment Opportunity Commission (EEOC) issued a notice of proposed rulemaking to address issues related to the United States Supreme Court's decision in Smith v. City of Jackson. The Court ruled that disparate impact claims are cognizable under the Age Discrimination in Employment Act (ADEA) but that liability is precluded when the impact is attributable to a reasonable factor other than age. Current EEOC regulations interpret the ADEA as prohibiting an employment practice that has a disparate impact on individuals within the protected age group unless it is justified as a business necessity. Public comments must be received on or before 5/30/08. FR 16807.

 

Health/Healthcare

Health Tip of the Week
Sponsored by the American Bar Endowment

Nursing homes cut back on restraints
By Kevin Freking, Associated Press
Source: The New York Times

Older corneas may be good for transplant
Associated Press
Source The New York Times

Tai chi improves diabetes control
Medical News Today

Using blood pressure-lowering treatment in very elderly shows significant reductions in mortality
Medical News Today

Who really pays for healthcare?
By Ezekiel J. Emanuel and
Victor R. Fuchs, Chicago Tribune

Women find it harder to
keep in shape

Medical News Today

 

Medicaid/Medicare

Assets gifted to Medicaid applicant's daughters are available
Elder Law Answers

Congress in no rush to fix Medicare and Social Security
A new report projects a $42.9 trillion shortfall for the two entitlement programs over the next 75 years.
By Gail Russell Chaddock
Christian Science Monitor

CVS to pay MD. $830k under settlement for improper Medicaid billing
Southern Maryland Online

Health Care Economics
Part D plans impose strategies to reduce medication costs
Mark Moran, Psychiatric News

Kaiser daily health policy report highlights budget issues in four states
Kaiser Network

Medicare’s financial woes
The New York Times


Medicaid/Medicare

Medicaid 'write offs' may not be deducted from personal injury damages
Elder Law Answers

Medicare and Social Security spending still problematic
By Monisha Bansal, Crosswalk.com

Solvency threat to Social Security, Medicare is essentially unchanged
By Alex Wayne, CQ Politic

 

Retirement

Americans delay retirement as
housing, stocks swoon

Nest eggs shrink, deferring
dreams; ‘freaked out’ elite
By Jennifer Levitz
The Wall Street Journal

Early retirement may mean earlier death
Reuters Health

How the income tax treatment of saving and Social Security benefits may affect boomers’ retirement incomes
By Barbara A. Butrica,
Karen E. Smith and Eric Toder

Longer lifespans, less-taxing jobs lead more older workers to shun retirement
Millions spend golden years
making green
By Bob Moos
The Dallas Morning News

Supreme Court allows retiree benefit cuts
By David Savage, Los Angeles Times

 

Social Security

Face the coming crisis
Congress, candidates must find ways to secure Social Security, Medicare
Buffalo News

 

Potpourri

Despite city law, few assisted living centers licensed
By Jackie Spinner, The Washington Post

Elderly couple can stay together in care
By Rosa Prince, Telegraph.co.uk

Hospital “boarding” hard on the elderly: study
By Megan Rauscher, Reuters

New focus of inquiry into bribes: doctors
By Barnaby J. Feder
The New York Times

New Harris survey finds that most baby boomers underestimate disability risk
America’s Health Insurance Plans

Report to Senators says many states are lax in funding their pension plans
By Mary Williams Walsh
The New York Times

Shifting gears finding health insurance if you are self-employed
By Marci Alboher, The New York Times

Small Business Franchising
Taking care of business

Why in-home health care is one of the hottest concepts in franchising today
By Simona Covel
The Wall Street Journal

 

MyZiva

Information of interest on assisted living, nursing homes, healthcare, and more.

Archives

 

ANNOUNCEMENTS

The Educational Outreach Program
and Website

The new WGBH Education Foundation web site features clips from the PBS documentary by Michael Kirk, “Caring for Your Parents,” and the MIT Workplace Center’s Family Caregiver Handbook. Visit the website to view clips of the program and for information on how to obtain a DVD of the program. You can also download a set of handouts, the Handbook, or customizable event posters to announce local screenings and pubic discussions.

No Longer On Their Own:
Using Emeritus Attorney Pro Bono Programs to Meet Unmet Civil Legal Needs

This new brochure is designed to help states successfully recruit emeritus pro bono attorneys toprovide critically needed legal services to vulnerable seniorsand low and moderate individuals No Longer On Their Own pdf coverwho are now facing their legal problems on their own. PDFs and limited print copies are available at no cost from the ABA Commission on Law and Aging. Email your request to the ABA Commission on Law and Aging at abaaging@abanet.org. View the PDF version of the brochure here.

 



CALENDAR

SLD Spring Meeting
April 11-12, 2008
American Bar Association
Chicago, IL

National Healthcare Decisions Day 2008
April 16, 2008
For more information, download flyer.

U.S. Supreme Court Trip
June 8-9, 2008
The Ritz-Carlton Hotel
Washington, DC



courtesy of the ABA Senior Lawyers Division Elder Law Committee, contains summaries of articles of interest including hyperlinks to e-news web sites. Articles appear on the provider’s web site as of today’s e-news posting. Visit the provider’s web site to request a copy of the article if the link no longer is operational. You may also gain access to most newspapers through local libraries.

The views of the commentators are their own and do not necessarily reflect the views of the ABA Senior Lawyers Division.

Share comments with other SLD members concerning senior issues via e-mail.
Visit sld-membership@mail.abanet.org.



SEEKING AUTHORS
Authors are encouraged to submit articles for possible publication to the Division’s periodicals, Experience magazine and Voice of Experience newsletter. Contact Lisa Comforty for more information.

CONTRIBUTE ARTICLES OF INTEREST FOR THE NEXT
ELDER LAW E-NEWS
The Elder Law E-News list serve is transmitted electronically to SLD members every month. Members are asked to submit newsworthy articles that are of interest to lawyers. Topics should be relevant to the practice of elder law, elder law court cases and opinions, and senior issues including Medicare, health law issues, etc. Articles should be faxed or sent by e-mail with direct link to article to Angela Boykin (fax: 312/988-6033, e-mail: boykinaa@staff.abanet.org). Articles should note the article title, source, date and/or issue.

CONTRIBUTORS
The Elder Law Committee thanks the following
Elder Law E-News article contributors and reviewers:

Malinda Allen
Walter Burke
Ruth Kleinfeld
Marvin Maydew
Kathleen O’Connor Robertson

 
Elder Law E-News | Copyright  ©2008 American Bar Association

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