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The nation's population is aging, resulting in many people with impaired vision, impaired mental capacities, limited mobility, and financial pressures. With a growing number of elders, the United States has also experienced a growing number of instances of physical abuse and financial exploitation.
Elder laws are designed to protect vulnerable elderly people from abuse and neglect. This area of the law also encompasses regulation of matters surrounding decisions on long-term residency and care. Elder law falls within the category of family law, and it overlaps with the area of estate planning and insurance law.
The Omnibus Budget Reconciliation Act of 1987 (OBRA) is the federal law regulating nursing home and assisted-living facilities. This Act sets the standards of care and the circumstances under which physical or pharmaceutical restraints can be used as interventions.
Other Federal and State Laws
Federal passage of the Medicare and Medicaid programs in 1965 also encompass regulations for the elderly. This act determines, for instance, what nursing home or assisted-living facility expenses will be covered by Medicare or Medicaid. Coverage for hospice care, for terminally ill individuals, is also regulated by Medicare Part A. The Community Spouse's Resource Allowance (CSRA) is another Medicaid regulation; it ensures resources are preserved for the spouse of an institutionalized person.
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By Kathleen Goolsby
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