In This Issue

	Georgia’s New Years Resolutions
	If you answer yes to any of these questions, Hurley Elder Care Law can help
	Life Care Planning Goals
	The Nuts and Bolts Guide to VA Benefits

Georgia’s New Years Resolutions

	A new year always seems to invite new “resolutions,” and Georgia government is no exception. The Georgia General Assembly reconvenes January 14 for the second period in the 2007-2008 legislative term. Every year the General Assembly adopts a resolution to honor the work of Georgia’s senior citizens, to proclaim Senior Week and to recognize the rapid growth in Georgia’s 60+ population. During Senior Week, hundreds of older adults and other advocates come to the Capitol to meet with their representatives and to hear how the issues are proceeding. Senior Week is a chance for direct advocacy of issues important to older Georgians. Senior Week at the Capitol will be February 26, 27 and 28, 2008.
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To attend our monthly professionals luncheon please call Louise Morris at 404-843-0121.

If you answer yes to any of these questions, Hurley Elder Care Law can help.

		Has the elder been diagnosed with a mentally or physically debilitating disorder such as Alzheimer’s, Parkinson’s, ALS, stroke or a decline in functional capacity?
		Is the elder isolated due to the recent death of a spouse, or have family that either lives too far away or is too busy to provide adequate care?
		Is the elder soon to be discharged into a care facility or currently receiving in-home care?
		Does the elder have a variety of healthcare providers and need coordination and advocacy for quality care?
		Does the elder seem unusually concerned about costs of medication and services, indicating he or she may be having financial troubles?
		Does the elder have assets that fall between $50,000 and $400,000 – enough to finance a short stay in a care facility but not enough for an extended stay?
		Does the elder have a spouse whose financial needs must be considered in light of the elder’s medical condition?

Life Care Planning Goals

1. Meeting the elders’ immediate health care and long-term care needs.
2. Making sure the elder/family is making good health care and long-term care decisions.
3. Helping the elder/family sort through the maze of their long-term care options including residential options.
4. Identifying and accessing public benefits and resources to pay for care should the elder meet the qualifying criteria.
5. Help with asset management, including the burden of home ownership and personal property.
6. Providing the entire family the peace of mind that comes from knowing their loved one is monitored by a team that combines legal and financial expertise with specialized knowledge of the elders’ physical, mental and emotional health.
7. Ensuring the highest level of independence the elder can achieve, while ensuring safety.

Georgia’s New Years Resolutions

Georgia legislators will meet throughout January, February and March for a total of 40 legislative days, one of the shortest legislative sessions in the U.S. On non-legislative days, the senators and representatives work on the State’s budget (to be proposed by Governor Purdue on January 16) and on a variety of legislation. Some of these items directly or indirectly impact Georgia’s older citizens. This issue of the Hurley Elder Care Law E-newsletter will review some significant recent work of the General Assembly and highlight some of the bills and budget items under consideration over the next few months. We also provide information on how to remain informed about the important issues that may impact your families and the clients you serve. The Georgia General Assembly has produced several budget and legislative items in recent years that have been meaningful to our clients. For example, in 2006, the personal needs allowance (PNA) permitted for Medicaid recipients who reside in skilled nursing facilities was increased 67% from $30 per month to $50 per month. The PNA is important for the many incidentals typically not covered by the nursing home, such as dental care, telephone, cable TV, undergarments, specialty foods, and greeting cards for friends and family. Also in 2006, Georgia decided to enforce the federal Estate Recovery rules and to seek reimbursement from the estate of the deceased Medicaid recipient for Medicaid benefits paid. These rules most often impact the Medicaid recipient’s home, but we have found that advance planning by families can sometimes mitigate the financial ramifications of the new law. In 2007, leaders from many different disciplines (law, medicine, social work, ethics, and long-term care ombudsmen to name just a few) collaborated on a bill to help the legislature revise the law on advance directives. Unanimously passed by the House, approved in the Senate and then signed into law by Governor Purdue, the new law explicitly provides that individuals have the right to control all aspects of their medical care – including the right to insist on medical treatment, request it to be withdrawn or to refuse treatment. Specific scenarios and types of treatment are laid out for the individual in a new statutory form so that it is easier to demonstrate specific wishes about procedures and end-of-life care. The new form also makes it more likely that an agent and successor agents for health care decision-making are named. Our clients have benefited from this legislation, as the new form represents many improvements over the prior law. Any written document that substantially complies with the statutory form is acceptable. In 1977, the General Assembly created the Georgia Council on Aging for the purpose of engaging older citizens in the decision-making required by the state House, Senate and Governor. Through its organization of advocates known as CO-AGE (Coalition of Advocates for Georgia’s Elderly), the Council continues its thirty-year tradition of encouraging members of the General Assembly to focus on several priority issues. Here is a brief sample of issues in 2008 the Council will be monitoring on behalf of older Georgians: Comprehensive Vulnerable Adult Abuse and Neglect Legislation is a 2008 priority issue of the Georgia Council on Aging and is designed to help law enforcement officials to intervene and prosecute when abuse, neglect and exploitation occur for adults of all ages. Domestic abuse and neglect of vulnerable older adults is a major problem – in Georgia over 500 cases a month are referred to Adult Protective Services. Current laws are inadequate for raising awareness or addressing the need for help. At least 15 legislators representing both “sides of the aisle” are reviewing a draft bill and indicating they will lend their support. Creation of a Department of Aging (HB 836) is legislation originally considered in 2007. The law would reorganize the Division of Aging Services (currently a part of the State’s Department of Human Resources) into a separate department with goals such as improved access to programs and services and utilization of the resources provided by Georgia’s older adult population. Patient Safety Bills (HB 108, HB 492) are designed to provide consumer access to the medical disciplinary process and information about adverse actions and deficiencies in healthcare providers. Access to Preventive Oral Health Care legislation would permit dental hygienists under the general supervision of a dentist (rather than direct supervision) to provide care in alternative settings such as nursing homes. This would target individuals who would not otherwise be able to access a dentist in a traditional office setting. Budget items identified as priorities by CO-AGE and/or the Division of Aging Services include funding for Home and Community Based Services (HCBS) under Medicaid, transportation services, support for grandparents raising grandchildren and full funding for Adult Protective Services. Solving transportation issues overall in Georgia, not just from the senior perspective, is a high priority for the General Assembly this year. The legislature will also be involved in the continuing review of Grady Health System. The Alzheimer’s Association of Georgia also conducts advocacy and adopts legislative priorities. For example, in addition to promoting much-needed funding for patient-centered, home and community based services, the Association will be working with the Georgia Older Driver Task Force to improve public education about driving assessments for people with cognitive impairments as well as to clarify the duties and liabilities of physicians who assist the DMV with such individuals. Their advocacy efforts focus not only at the state level but also the federal level, such as increased research funding for the National Institutes of Health. For more information, visit www.alz.org. A good way to remain informed about the laws and budget items is to subscribe to the Senior Issues Newsletter, jointly sponsored by the Georgia Council on Aging, the Senior Citizens Advocacy Project and the Georgia Gerontology Society. Published weekly during the 40-day legislative session, the newsletter reports on the status of the budgetary items and the progress that the new legislation is making, providing insight as to the debates surrounding the issues. The newsletter summarizes Committee deliberations, House and Senate versions of bills, and the Governor’s stance on issues. The newsletter also identifies other bills of interest that citizens may want to act upon, if only to thank a legislator for his or her efforts on the bill. See www.gcoa.org to subscribe. For information on House and Senate members as well as immediate updates on the progress of legislation, visit www.legis.ga.gov. The site also provides a link to the Georgia Legislative Network where some meetings are broadcast live. In addition to CO-AGE, organizations such as AARP Georgia, the Medical Association of Georgia, Georgia Watch and others adopt legislative priorities each session that potentially impact older adults. These organizations may also provide useful information depending on your field of interest. Understanding how the important work performed by the men and women of the General Assembly impacts our families, our businesses, and the clients we serve, is one critical step in knowing how to become better advocates for the issues that impact older adults. Sources: Georgia Council on Aging Senior Issues Newsletter, Vol. 28, No. 19, December 21, 2007.