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1996 October

Tobacco: A Legal and Policy Issue of the Elderly

By Saidy Barinaga-Burch & James A. Bergman

Since modern cigarettes were introduced in 1913, millions of lives have been lost and billions of health care dollars spent as a result of tobacco-related diseases. This article describes how older Americans are particularly affected by this devastation and discusses legal and policy issues concerning tobacco that affect elders and require action by the legal community.

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Exclusion from Services and the Americans with Disabilities Act

Defining Program Goals Is Key

By Dorothy Siemon & Patricia DeMichele

Title II of the Americans with Disabilities Act may be applied to challenge the exclusion of particular groups of persons with disabilities from the receipt of state services. This article highlights the importance of defining the goal of a program in determining whether the exclusion amounts to discrimination under the Act.

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Are Claims Under the Americans with Disabilities Act and the Social Security Act Inconsistent?

By Michael R. Schuster & Stephen M. Koslow

Recently, many courts have held that a claimant who files for disability benefits under the Social Security Act is estopped from pursuing a claim under the Americans with Disabilities Act (ADA). This article discusses the different definitions of disability under both the ADA and the Social Security Act and some of the cases on both sides of this issue.

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Consumer Advocacy in Assisted Living

By Dorothy Siemon, Stephanie Edelstein & Zita Dresner

Assisted living is marketed as a new life-style option designed to provide comfort, autonomy, and security to older persons and their families at rates that are lower than the private-pay rates for nursing homes. This article describes the legal implications of assisted living and the problems consumers may face in choosing to move to an assisted living facility.

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Medicare Managed Care

Has Its Time Come?

By Patricia DeMichele & Vicki Gottlich

The shift in emphasis in Medicare from traditional fee-for-service to managed care raises issues for low-income Medicare beneficiaries concerning coverage, due process rights, and quality assurance. This article describes initiatives spurring the growth of managed care in Medicare, as well as integration of Medicare acute services with long-term care, and discusses the implications of this growth.

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