October 1992

Cover

 
  • MCCA Updates: Qualified Medicare Beneficiaries and Restrictive Medicaid Rules

    This article describes two provisions of the Medicare Catastrophic Coverage Act of 1988 that significantly affect elderly persons—the Qualified Medicare Beneficiary (QMB) benefit, and Section 303(e) rules limiting states' use of restrictive Medicaid eligibility methodologies. The article discusses the provisions' implementation, interpretation, and issues for advocacy.

    By Patricia B. Nemore and Jeanne Finberg

  • Scams in the Marketing and Sale of Living Trusts: A New Fraud for the 1990s

    Many older people are unfamiliar with or fearful about probate and guardianship; the marketing and sale of living trusts to them is an area ripe for fraud and abuse.

    By Lori A. Stiegel, Lee Norrgard, and Robin Talbert

  • Future Issues Under the Americans with Disabilities Act

    The Americans with Disabilities Act is a new tool for advocates fighting to improve the quality of life of older people with disabilities; issues to consider include the Act's application to nursing facilities and religious organizations, establishing disability, and limiting the cost defense.

    By Vicki Gottlich and Robin Talbert

  • Status of the Older Americans Act

    Update on the Older Americans Act, noting key provisions for the law and aging advocates.

    By Alfred J. Chiplin, Jr.

  • Nursing Home Transfer and Discharge Protections: Rights Not Fully Recognized

    This article surveys federal provisions protecting nursing home residents against unreasonable involuntary transfers and discharges and reports on states' implementation of these provisions.

    By Michael Schuster, Patricia DeMichele, and Bruce Vignery

  • State-Funded Medicare Advocacy Projects

    This article describes state-funded Medicare advocacy projects—their beginnings, their program goals, and their operational strategies.

    By Jane Hardin, Charles Hulin, and Rebecca Ivry

  • Cutting Costs: Medicare Part B Advocacy Tools

    Advocates must be knowledgeable about the Medicare provisions that reduce or eliminate beneficiary financial liability for Medicare charges in order to represent clients competently. This article focuses on the provisions that hold down costs to beneficiaries under Medicare Part B.

    By Bess M. Brewer and Alfred J. Chiplin, Jr.

  • Developing a Legal Services Program Policy on Alternative Dispute Resolution: Important Considerations for Older Clients and Clients with Disabilities

    This article encourages legal services advocates for the elderly and disabled to become more familiar with, and play an active role, in alternative dispute resolution programs. It focuses on the ways that they can use ADR to safeguard and strengthen the rights of their clients and describes which clients and cases will benefit from ADR.

    By Marilyn Park, Erica Wood, and Vicki Gottlich

  • Mediation in Guardianship Cases: A Promising Alliance

    This article describes the Center for Social Gerontology's recently established adult guardianship mediation project. It explains the need for the project, the types of clients it serves, and what it hopes to accomplish.

    By Lauren Barritt Lisi and Anne M. Burns

  • Guardianship Jurisdiction Revisited: A Proposal for a Uniform Act

    As interstate transfers of incapacitated adults have increased, so have the conflicts between states regarding the appointment of guardians. This article reviews the conflict of laws doctrine as it applies to guardianship and proposes that a uniform act be adopted similar to the Uniform Child Custody Jurisdiction Act.

    By A. Frank Johns, Vicki Gottlich, and Marlis Carson