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TODAY’S AGENDA
1. Quick summary of laws protecting the elderly in the USA
2. Quick explanation of Medicare and Medicaid
3. Quick summary of the United Nations Open-ended Working Group on Ageing
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GOVERNMENTS PROTECTING ELDERLY
United States of America
State of Illinois Cook County
City of Chicago
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FEDERAL LAWS APPLYING TO ALL STATES• 1935 – Social Security
• Old Age Benefits / Survivor Benefits / Disability Benefits
• 1965 – Older Americans Act / Medicare and Medicaid added to Social Security
• Money to states to develop and run in-home support services
• Advocates for residents of each nursing home (ombudsmen)
• 2010 – Patient Protection and Affordable Care Act (including Elder Justice Act)
• Will standardize data collected from each state about elder abuse
• Will create regional forensic expert centers
• Money grants to state and local governments for pilot programs to better prevent or reduce incidences of elder abuse
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STATE OF ILLINOIS• Adult guardianship rules
• Family relations (marriage / divorce / adoption)
• Enhanced criminal penalties (jail) if victim of certain crimes are elderly
• Real estate titling
• Elder abuse and neglect laws
• Illinois Governor Quinn – Dr. Theresa Mah
• Illinois Department of Aging – Dr. John Holton
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COUNTY OF COOK• Court systems
• Circuit Court of Cook County – Chief Judge Timothy Evans
• Elder Law & Miscellaneous Remedies Division of the Circuit Court of Cook County – Presiding Judge Patricia Banks
• Cook County Public Guardian – Robert Harris
• Cook County State’s Attorney’s Office, Seniors and Persons With Disabilities Special Prosecutions Bureau – Sandra Stavropolous
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CITY OF CHICAGO• Delivery of social support services
• Chicago Department of Aging – Joyce Gallagher
• Cook County State’s Attorney’s Office, Seniors and Persons With Disabilities Special Prosecutions Bureau – Sandra Stavropolous
• Partner with Casa Maravilla (senior housing unit in Pilsen neighborhood, next door to the bilingual Alivio Medical Center, and funded through Resurrection Project)
• Chicago as an Age-Friendly City under the guidelines of the World Health Organization – Dr. Rebecca Johnson and Dr. Amy Eisenstein
• Chicago Sister Cities - International Social Services Exchanges
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Medical Care
• where medical professionals prevent disease or illness, or treat disease or illness to improve the body
Long-Term Care
• Where any person can assist with Activities of Daily Living (eating, bathing, dressing, transferring, toileting)
BASIC TERMS
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BASIC MEDICAL CARE (GENERALLY)
Child Adult Age 65
Parent’s Insurance Policy
Employer’s Group Plan or Personal Insurance
Policy
Medicare
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MEDICARE - BENEFITSPart A Part B Part C Part D
Benefits • Hospital Care• Some home
medical care• Some
rehabilitation in a nursing home or at home
• Preventative Care
• Medically necessary services
• Choice of other medical care and services
• Choice of doctors and treatment centers
• Prescription drugs
Who pays? US Government US Government Private Insurance Company
Private Insurance Company
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MEDICARE - COSTSPart A Part B Part C Part D
premiums • None (if “worked” and paid payroll taxes)
• Up to $426/month if never “worked”
• $104.90/month • Sliding scale
based on income, up to $335.70/month
• Whatever private insurance plan charges, based on options
• Whatever private insurance plan charges, based on options
deductible • $1216 per spell of illness
• $147 per year • Based on options in plan selected
• Based on options in plan
• Surcharge based on income
Co-pay • Complicated, based on number of days in hospital or NH
• Generally 20% of total costs
• Based on options in plan selected
• Very complicated (“donut hole”)
MEDICAID
• Welfare system for the poor
• If under age 65, Medicaid pays for medical services for children, pregnant women, …
• If age 65 or older, Medicaid can be used to pay Medicare out-of-pocket costs (premiums, deductibles, and co-pays)
• If age 65 or older, Medicaid pays for Long-Term care
• Rules vary from state to state
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VETERANS
• There is a separate program for medical care and long-term care for veterans, especially those veterans who became disabled while in service to the country
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OPEN-ENDED WORKING GROUP ON AGEING• Madrid International Plan of Action on Ageing, 2002
• First Session of Open-ended Working Group, 2011
• Fifth Session convenes 30 July - 1 August 2014
• See http://social.un.org/ageing/
• The Chicago Declaration of Human Rights of Older Persons will be presented by representatives of The John Marshall Law School
• http://www.jmls.edu/braun/pdf/chicago-declaration-v10.1.pdf
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