NAELA Journal Volume 5 Issue 2

The Myth of the Superlien: Medicare Secondary Payer Law Clarified

By  Sally Hart, Esq.
Medicare is the federal program that provides health insurance for the elderly and for younger persons with disabilities. Medicare coverage is secondary to coverage by private insurers in a number of situations, including liability cases.

Future Challenges Facing Medicaid’s Role As a Provider of Long-Term Care

By  Molly O’Malley Watts, MPP, Judith Kasper, PhD, and Barbara Lyons, PhD
Over 10 million people need long-term care today to assist them in life’s daily activities. Most people with long-term care needs are over the age of 65 but many (42 percent) are under age 65. Over the next several decades, the aging of the populatio

Multidisciplinary Practice and Ethics Part I — Lawyers, Doctors, and Confidentiality

By  A. Frank Johns, JD, LLM, CELA
Many members of the medical and legal professions are serving older adults and their families. Each profession adheres to codes of ethics. Each profession’s code of ethics mandates confidentiality.

The Wrongful Disregard of SSI Comparability By Some State Medicaid Agencies as It Relates to SNTs

By  Bridget O’Brien Swartz, CELA and Angela E. Canellos, CELA
With the enactment of the Foster Care Independence Act (FCIA) in 1999, harmony finally existed between the Social Security Administration (SSA) and Medicaid with regard to the recognition and treatment of self-settled special needs trusts (SNTs) as e

When Disabled Homeowners Lose Their Homes for a Pittance in Unpaid Property Taxes: Some Lessons from

By  Robert F. Harris, Esq., Charles P. Golbert, Esq., and Barry Sullivan, Esq.
Mary Lowe suffered from chronic schizophrenic disorder for most of her adult life. Over the years, she was hospitalized repeatedly. Nonetheless, Ms. Lowe was able to own and maintain her own home for 20 years until, at age 68, she lost her home at a

Fall 2009


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