NAELA Journal Volume 8 Issue 2

In This Issue of NAELA Journal

By  Charles P. Golbert, Esq.
It is my privilege to introduce the Fall 2012 issue of NAELA Journal.

The Impact of State Medicaid Reform on Vulnerable Populations Needing Long-Term Care Services and Su

By  Elizabeth P. Allen, Esq.; Wendy Cappelletto, Esq.; and Shana Siegel, CELA
The Medicaid Program was created at the same time as Medicare, as part of President Lyndon B. Johnson's "Great Society."

Medicare Set-Asides in Personal Injury Cases: Is There a Standard Method of Practice?

By  Aaron D. Frishman, Esq.
A “Medicare Set-Aside,” also known as an MSA” or sometimes a “Medical Set-Aside,” is a legal tool that has grown more popular among Elder and Special Needs Law attorneys since its inception in the mid-1990s.

Review of Advance Health Care Directive Laws in the United States, the Portability of Documents, and

By  Diana Anderson, CELA
Advance health care directives are recognized in all 50 states and the District of Columbia, but each state’s law is different and there are surprising differences in how and when each state implements its version of the advance health care directive

Advance Directives: The Elusive Goal of Having the Last Word

By  Susan P. Shapiro, PhD
One of the more controversial elements of the debate over health care reform in the United States concerned a rather benign proposal to compensate physicians for conversations held at most once every five years, if requested by Medicare patients, abo

Case Note: Lewis v. Alexander Vindicates Primacy of Federal Law of Special Needs Trusts

By  Ron M. Landsman, Esq., CAP
In Lewis v. Alexander, the U.S. Court of Appeals for the Third Circuit affirmed a district court decision striking down a Pennsylvania statute that severely restricted the use of pooled special needs trust (PSNT) accounts and limited trust retention

Case Note: Marmet Health Care Center v. Brown: Nursing Home Arbitration Agreements

By  David L. McGuffey, CELA
Approximately 15,700 nursing homes receive payments from Medicare and/or Medicaid. Most, it is presumed, provide good care.

Case Note: Fourth Circuit in E.M.A. v. Cansler Rejects State and District Court Trend and Holds

By  Ron M. Landsman, Esq., CAP
In a case note in 8 NAELA Journal 1 (2012), NAELA Journal reported on the decision against plaintiffs in Special Needs Trust for K.C.S. v. Folkemer, which misapplied the unanimous Supreme Court decision in Ahlborn.

Book Review: Mom Always Liked You Best: A Guide for Resolving Family Feuds, Inheritance Battl

By  Carol Cioe Klyman, Esq.
Effective argument can destroy relationships. Power coalitions within a family can result in battles won and wars lost.

Book Review: Someday All This Will Be Yours: A History of Inheritance and Old Age

By  E. Spencer Bates, Esq.
This book provides a unique insight into what is arguably the basis of modern Elder Law.

Fall 2012


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