Presentation by

Barry Kozak

Director, Elder Law Programs

2014 SHANGHAI-CHICAGO SOCIAL EXCHANGE

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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1. PROTECTING THE ELDERLY IN USA

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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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2. MEDICARE AND MEDICAID

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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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3. UNITED NATIONS

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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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THANK YOUAny questions, comments or observations are welcome at bkozak@jmls.edu