ELDER LAW NEWS & NOTES

of the new Federal health care reform laws on seniors and their Medicare benefits. See
how you do (answers
2010 / are on page
November Number 764):
1. The new law
Daylight will result
Savings in future
Time: cuts to“Fall
Remember yourBackward”:
basic Medicare benefits.
set your clocks back one hour on
Sunday, November 7 . th T F

BRISK NAMED “SUPER LAWYER” FOR SIXTH

CONSECUTIVE YEAR
2. As a result of the health reform law, Medicare spending will grow, but more slowly than it
would have otherwise.
The Boston Magazine’s November issue names Bill
T F
Brisk one of Massachusetts’ “Super Lawyers,” based on
colleagues’ comments and analysis of public records along
3. The new law is projected to increase the federal budget deficit over the next 10 years and
with other standards to select the elite five percent of
beyond.
Law Office of William J. Brisk Massachusetts attorneys to earn that distinction. What is
1340 Centre Street, Suite 205 T F
notable is that he is one of relatively few Massachusetts
Newton Center, MA 02459 attorneys honored for six years in a row.
4. As a result of the new law, the solvency of the Medicare Trust Fund will be extended by
www.briskelderlaw.com
about nine years to 2026.
No public recognition, no matter how pleasant,
Tel: 617-244-4373 T F
compares to the sense that comes from clients who feel that
Fax: 617-630-1990 they have been well served, that the lawyer has given them
5. As a result of the new law, the Medicare prescription drug coverage gap, sometimes known
sound (sometimes uncommon) advice and advocated on
as the and
Member “donut hole,”
Fellow of will
the be gradually closed, and those hitting the gap will receive $250 this
their behalf. The formal ways that attorneys are graded are
year. Academy of
National general (as in the case of “Super Lawyers”) and by field.
Elder Law Attorneys T F
Bill owes his prominence to the fact that he was one of the
first attorneys to concentrate on elder law long before law
6. The law will improve the availability of long-term care at home for seniors with disabilities.
Attorneys: schools recognized the field as worthy of a course or two.
William J. Brisk T F
Today, elder law is taught in virtually every law school in the
Ellen B. Scult country, but more than twenty years ago, Bill was one of the
7. The
Cheryl law does not improve the quality of care for Medicare beneficiaries with chronic
B. Strunsky first lawyers in the country to write about the field (in the
illnesses,
Claire such as diabetes and high blood pressure.
A. DeMarco days before people had heard of “elder law” the title of his
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first book, written with William Tallis, was “Legal Planning
Paralegal: for the Elderly”). Bill participated in virtually every aspect of
8. TheA.law
Jennifer provides a new, free yearly wellness visit and prevention plan for people with
Duhaime-Baker the growth of the National Academy of Elder Law Attorneys.
Medicare.
He was one of the first Massachusetts attorneys to attain
Probate Administrator: T F
“certification” from the National Elder Law Foundation and
Lisa C. Bilbo later helped develop the test and graded exams taken by
9. THIS
IN The health
ISSUE:care reform law will cut Medicare payments to doctors.
those who aspired to certification. Bill served as the fifth
Topic
Administrative: Page T F
president of the Massachusetts Chapter of NAELA at a time
Super
Leigh T. Lawyers
Stearns 1 of particular growth and later served on the Board of the
10. As a result
Successful Aging of the law, 2about 32 million uninsured Americans will receive health insurance
national organization. He co-edited NAELA’s monthly
coverage and younger
Transportation in Newton people
3 who currently have coverage will have extra protections.
newsletter and more recently, after serving as an editor for
VA Benefit Program 4 T F
almost a decade, took over as Editor-in-Chief of NAELA’s
SHINE 4 Law Review. Bill has devoted time not only to writing for
11. Under the new health reform law, the Medicare Advantage program will be eliminated.
that Journal and others, but also to teaching, first, a course
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in elder law at Boston College’s law school, and, for the past
five years, a course on “end of life care” he originated at
12. Under the new health reform law, Medicare Advantage plans will cut benefits and increase
Suffolk Law School. He is gratified by the latest honor but
Thispremiums.
newsletter is not intended as a substitute
for legal counsel. While every precaution has recognizes that resting on one’s laurels is not the formula
T F
been taken to make this newsletter accurate, for serving clients well.
we assume no responsibility for errors or
omissions, or for damages resulting from the.
use of the information in this newsletter.
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The NCOA website goes on to provide answers and information on these questions (and on
other issues affecting seniors and healthcare).
MATTHEW SCULT ON SUCCESSFUL AGING

Our October 21 Roundtable featured Matthew Scult, son of Ellen Scult of our office,
speaking on the efficacy of non-traditional medical practices. Matthew graduated in May from
Brown after majoring in neuroscience. While still in school, he wrote a fascinating article on
Brown’s organic chemistry course which has led to reforms which may benefit the next
generation of chemists and pre-med students at Brown and elsewhere. Early on, he decided to
pursue a career in science writing and landed, as his first postgraduation job, a highly sought
position at the Benson-Henry Institute for Mind Body Medicine at Massachusetts General
Hospital. There, he is exposed to both clinical and research teams attempting to determine how
to improve health. One of the Institute’s focuses is on healthy aging – a topic which attracted an
audience of professionals who work with elders with, also, a heightened concern for their own
health. Matt led a spirited discussion which included tips for successful aging:
• Reduce stress by, among other things, the Benson Relaxation Response, a simplified
but effective form of meditation.
• Stay fit, by adhering to sensible diets (that ideally consist of one half fruits and
vegetables and one quarter each of grains and protein) and exercise.
• “Vital engagement,” which he described as “finding meaning” in what one does. Matt
pointed to the McArthur longitudinal study of Harvard students from as long ago as the
1940s which points to the fact that a major factor in longevity and good health
generally was purposeful involvement.
• Aerobics for the mind, i.e. learning new things is “neurogeneric,” i.e. vitalizes
neuropaths.
• Social support. Some studies point to good marriages as life extending.
• Get rid of gripes – “be happy.” Matt demonstrated how to turn negative thoughts to
positive and how to avoid “catastrophizing” every event. Learn, on confronting bad
news, to accept the facts and find meaning in your response.
• Humor. Bill commented late in the session that Bill’s letter supporting Matt’s
admission to Brown emphasized Matt’s highly developed sense of humor.
• Get enough sleep and rest. He pointed to studies that show that even mild sleep
deprivation can lead to subtle but certain loss of intellectual functions.
• Faith. Believing in something (it need not be conventionally religious) gives meaning
to one’s own existence and value to others.

Near the end of his presentation, Matt led a mild relaxation exercise for the 20 who
attended his session. Gradually, we all began to concentrate on simple but purposeful
breathing, losing as much as we could our concerns for a busy workday ahead or other issues.
A number of people commented that thoughts and “todos” for the day intruded the exercise, but
most appeared refreshed and positive. That wasn’t that surprising since nearly every one who
attended had, at one time, experienced mediation or the relaxation response. What was
interesting, however, was how few of us practice it regularly. There was a silent consensus that
for our own good and for the good of those we encounter, it’s time to get back to the good
practices and that there is emerging scientific evidence (thanks to the Benson-Henry Institute)
that THEY WORK!

Unlike many of our programs, the audience lingered to discuss what they felt and several
inquired whether Matt would make himself available to reprise the presentation for elders in
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various communities. He seemed willing – and more than capable – to replicate this good
experience.

GETTING AROUND: “Senior Transportation Services”

For Newton Residents 60 years and older
(These services may be changed or modified at any time.)

• Transportation to Long-term Care Facilities – in Newton, 8-5, Monday – Friday. 2

visits per week.
• Transportation to Houses of Worship – in Newton on days and times when
services are scheduled.
• Medical Transportation – to medical appointments in Newton and specific
destinations beyond.
• Transportation to certain “Adult Day Health” locations outside of the city. Monday –
Friday 8-5.
• The Shopper’s Service – weekly marketing. Reservations on Tuesday, Wednesday
or Thursday from 10-2. Your choice of market within the city.
*Reservations must be made 3 business days in advance and are not available on
legal holidays.
• Transportation to the Newton Senior Center – Service 5 days a week, 8-4.
Reserve by 4pm the previous day.

Vouchers are good for all of the above services

Vouchers are available at the Senior Center, or by mail. The suggested contribution for a book
of 20 vouchers is $60, or $3 per voucher (1 voucher used each way). A minimum contribution
of $1 is required, per voucher. For those unable to budget this amount ($20 for 20 vouchers) or
more, please request an exemption form. Acceptance of your exemption will enable you to forgo
a contribution. Payment is required BEFORE vouchers will be sent through the mail.

Make all reservations by calling 617-796-1288

If you have any questions about the service, please contact Alice Bailey at 617-796-1664,
abailey@newtonma.gov

“OTHER Transportation Services”

Busy Bee Medical Transportation – medical transportation to some destinations outside
Newton. Suggested donation is $4 each way, and requires 3-day advance reservations. Call 1-
800-427-0230
“The RIDE” – call 617-222-5123 to register. A healthcare provider’s signature required for
eligibility. Rides seven days a week, Newton and surrounding areas. $2 fee each way.
Handicapped accessible, call by 4pm the previous day for reservations, pre-registered riders
only.

MBTA Senior Transportation Passes

Those senior citizens and disabled individuals who already have Senior Transportation Passes
(white laminated cards with their picture on them) should watch the expiration date. Order new
cards by calling 617-222-5976 one month prior to expiration. No charge. Those who do not have
a Senior Transportation Pass and would like one must go to a site where pictures are taken,
identity checked and forms are filled out.

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 VETERAN’S BENEFITS

On Friday, November 19th, at 1:30pm, John MacGillivray, of the Veteran’s Affairs Department of
the City of Newton, will present a “Seminar on Aging Veterans – Benefits and Services”, with
Sec. of Veterans Services, Tom Kelly, and Sec. of Elder Affairs, Ann Hartstein, at the Newton
Senior Center. Mayor Warren, a veteran himself, will present. The public is invited.

“SERVING HEALTH INFORMATION NEEDS OF ELDERS”

SHINE
SHINE is administered by the Mass. Executive Office of Elder Affairs in partnership with:
Councils on Aging, Aging Services Access Points, and other local agencies.

Medicare Decision Time Open Enrollment Starts November 15th

Medicare Prescription Drug (Part D) Plans and Medicare Advantage Plans change every year.
Many plans will no longer by available in 2011.
All people with Medicare should:
• Review the 2011 costs and coverage of their current plans.
• Compare with other plans in their area.
• Choose a plan that meets their needs and budget.
The Medicare Annual Open Enrollment Period starts November 15th and continues through
December 31st, for coverage beginning January 1, 2011.
There are significant differences between plans. Starting in 2011, different Part D Plans in our
area will have monthly premiums from as low as $14.80 up to as high as $120.10. However,
monthly premiums are not the only things to consider. Plans have different deductibles, co-pays,
covered drugs and restrictions. Plan information and cost estimates can be found by entering a
drug list into the Medicare Plan Finder on www.medicare.gov.

The SHINE program can help you!

For help understanding your options and finding the lowest cost Part D Plan for you, call the
Newton Senior Center 617-796-1660 to schedule a FREE individual appointment with a SHINE
counselor as soon as possible. Do not wait! Bring all your insurance information and a list of
your prescription drugs with dosages to the appointment.
You can also reach a SHINE Counselor by telephone. Call 1-800-AGE-INFO (1-800-243-4636),
then press or say 3. Leave your name and phone number on the SHINE answering machine. A
SHINE Counselor will call you back as soon as possible. Please be patient as the demand for
help is great.
The Newton Senior Center will be adding appointments to its schedule
during the open enrollment period.
Law Office of William J. Brisk
1340 Centre Street, Suite 205
Newton Center, MA 02459