ELDER LAW NEWS & NOTES

of the new Federal health care reform laws on seniors and their Medicare benefits. See
how you do (answers are on page 4):
1. The new law will result in future cuts to your
October 2010basic Medicare
/ Number 75benefits.
T F

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2. As a result of the health reform law, Medicare ANNUAL
spending MASSHEALTH
will grow, but more slowlyUPDATE
than it
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Bill Brisk and Attorney Harry S. Margolis, along with
3. The new law is projected to increaseAttorneys
the federal budget
John Ford,deficit
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Zumpano, and10Claire
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and
beyond. will present a full day (8:30 a.m. to 4:30 p.m.) guided
Law Office of William J. Brisk seminar on Medicaid in Massachusetts that coversT long-F
1340 Centre Street, Suite term care. To be held on Friday, October 29th at the Hilton
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about nine years to 2026. program promises to be even more comprehensive than
www.briskelderlaw.com
past years; Claire will discuss Veterans Administration T F
Tel: benefits and David Zumpano a nationally known trainer of
5. 617-244-4373
As a result of the new law, the Medicare prescription
Medicaid plannersdrug
will coverage
introduce gap, sometimes
the MPS systemknown
for
Fax: 617-630-1990
as the “donut hole,” will be gradually closed, and those hitting the gap will receive
managing profitable Medicaid practices. This unique $250 this
year. program annually attracts both highly advanced elder law
Member and Fellow of the
attorneys but also other lawyers, accountants, financial T F
National Academy of
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Ellen B. Scult
illnesses, such as diabetes and high blood CPAs pressure.
and accountants, Certified Financial Planners, and
Cheryl B. Strunsky
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Claire A. DeMarco
675-5026), phone (888-263-5879) or email at
8. The law provides a new, free yearlyinfo@pesilaw.com.
wellness visit and prevention plan for people with
Paralegal:
Medicare.
Jennifer A. Duhaime-Baker T F
SILVER ALERT PROGRAM TO PROTECT THE
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payments to doctors. WITH ALZHEIMER’S
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On August
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coverage and younger people who currently coverage have extra protections.
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Health Care Reform 2 adult with serious memory impairment, such as Alzheimer's
Events 3 disease or other dementia, is reported aseliminated.
a missing person
11. Under the new health reform law, the Medicare Advantage program will be
NAELA Journal 4 to any police department in Massachusetts. T F

12. Under the new health reform law, Medicare "Silver Alert will
Advantage be as
plans willeffective in protecting
cut benefits seniors
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This newsletter is not intended as a substitute
for legal counsel. While every precaution has
The
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taken website
to make to provide For
goes onaccurate,
this newsletter more and
answers information about
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these please
questions visit
(and on
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assume issues affecting seniors
no responsibility for errors and www.mass.gov
or healthcare). press release.
omissions, or for damages resulting from the.HEALTH CARE REFORM
use of the information in this newsletter.
1
The National Council on Aging (NCOA) published the following quiz, to ensure people
understood the impact of the new Federal health care reform laws on seniors and their Medicare
benefits. See how you do (answers are on page 4):

1. The new law will result in future cuts to your basic Medicare benefits.
T F

2. As a result of the health reform law, Medicare spending will grow, but more slowly than it
would have otherwise.
T F

3. The new law is projected to increase the federal budget deficit over the next 10 years and
beyond.
T F

4. As a result of the new law, the solvency of the Medicare Trust Fund will be extended by
about nine years to 2026.
T F

5. As a result of the new law, the Medicare prescription drug coverage gap, sometimes known
as the “donut hole,” will be gradually closed, and those hitting the gap will receive $250 this
year.
T F

6. The law will improve the availability of long-term care at home for seniors with disabilities.
T F

7. The law does not improve the quality of care for Medicare beneficiaries with chronic
illnesses, such as diabetes and high blood pressure.
T F

8. The law provides a new, free yearly wellness visit and prevention plan for people with
Medicare.
T F

9. The health care reform law will cut Medicare payments to doctors.
T F

10. As a result of the law, about 32 million uninsured Americans will receive health insurance
coverage and younger people who currently have coverage will have extra protections.
T F

11. Under the new health reform law, the Medicare Advantage program will be eliminated.
T F

12. Under the new health reform law, Medicare Advantage plans will cut benefits and increase
premiums.
T F

2
The NCOA website goes on to provide answers and information on these questions (and on
other issues affecting seniors and healthcare).

Of particular interest is question number 6 above, dealing with long-term care and the availability
of funding for in-home, rather than institutional, care.

The Health Care Reform Act gives incentives to states that increase in-home care available to
Medicaid recipients. Some of the provisions are required (protecting spouses who remain in the
community from impoverishment and additional funding to improve information and referrals)
while others are optional such as Community First Choice option, CLASS program, and
incentives to improve standards and shift funding. States that choose to participate in the
Community First Choice option, beginning in 2011, will receive federal support to maintain
people in their homes, who, without assistance, would have to go into a nursing home.

The Community Living Assistance Services and Supports (CLASS) program, which will begin in
2012 or 2013, is a new public insurance program, similar to social security, to help pay for in-
home care. Only those still working would be eligible for this program, which would be funded
by voluntary payroll deductions, and only those who chose to pay into the program and paid in
for five (5) years would be eligible for benefits. In order to receive benefits, the person would
have to either be unable to perform more than one basic living activity (e.g., dressing, bathing,
eating, getting around) or have certain mental impairments (e.g. Alzheimer’s). There is no time
limit for how long the benefits would last and the cash can be used for any non-medical services
needed, including family assistance, modifications homes, and transportation.

Beginning in 2014, there will be increased protection for spouses remaining in the community
when their partner requires home care, so that they are not forced into poverty before the ill
spouse can qualify for Medicaid home care benefits.

The new law also raises standards for nursing home quality, provides for better training for those
who care for elders, and strengthens protections again elder abuse and neglect (physical and
financial).

UPCOMING EVENTS IN THE

COMMUNITY
Meet Me at the Coolidge… and make
memories
An interactive film program for people with memory loss and their care
partners
AT THE COOLIDGE CORNER THEATRE IN BROOKLINE
290 Harvard Street, Brookline, MA
Tuesday, October 12th, 2010, 10am – 12pm; Tickets are FREE
FREE refreshments: popcorn and beverages

3
 For tickets, more information, or to volunteer, e-mail Cahill2@TheHearth.org or
call 781-674-2884 x 41

NAELA JOURNAL PUBLISHES ARTICLES BY DeMARCO and BRISK

The most recent issue of the NAELA Journal, the official law review of the National
Academy of Elder Law Attorneys, features a thoughtful article by Professor Jeffrey Pennell
(perhaps the leading academic concentrating on estate planning in the country) on the risks of
boilerplate provisions in common Special Needs Trusts, an exploration of the differences
between how lawyers and medical personnel define dementia, a careful analysis of health care
surrogate decision-making in Cook County, and a critical study of how, by denying payment to
attorneys, the V.A. fails to treat injured servicemen and women fairly. The issue also includes a
call for courts to develop objective standards when they decide whether treatment should be
terminated for incompetent persons co-authored by Bill Brisk and a review, by Claire DeMarco,
of the first comprehensive analysis of recent Health Care Reforms. The issue marks Bill’s debut
as Editor-in-Chief and has received glowing reviews from NAELA members. Bill and Claire
have been tapped, incidentally, for the Spring, 2011 issue which will analyze the Health Care
Reforms in detail. Claire is compiling significant portions of the law itself while Bill will introduce
the analyses of a dozen national experts on various aspects of the reform.

YOUNG AT HEART: How Mind Body Techniques Contribute to Healthy Aging

Matthew Scult will talk about recent insights from Mind-Body Medicine including how to keep our
hearts healthy, decrease stress and cope with difficult situations. Recent research has shown
that these techniques can have a profound effect on our well-being and even affect the way we
age.

Matthew Scult is a Clinical Research Coordinator at the Benson-Henry Institute for Mind Body
Medicine at Mass General Hospital. More information about the Institute can be found at:
http://www.mgh.harvard.edu/bhi/about/.

Date: Thursday, October 21, 2010 Time: 7:45AM - 9:00AM Light breakfast served
Location: 1330 Centre Street, Newton Center, Boardroom
Please RSVP by 10/20/10 to Jennifer Duhaime-Baker at 617-244-4373 x 10 or
via email jenniferduhaime@briskelderlaw.com

Answer Key: 1 F, 2 T ,3 F ,4 T,5 T, 6 T, 7 F, 8 T, 9 F, 10 T, 11 F, 12 ?

October is Nation Breast Cancer Awareness Month celebrating 25 years of Awareness,

Education, and Empowerment. We wanted to take a moment to honor
loved ones living with and through these difficult times with Breast Cancer.