The Bench & Bar magazine is published to provide members of the KBA with information that will increase their knowledge of the law, improve the practice of law, and assist in improving the quality of legal services for the citizenry.
Issue link: https://kentuckybenchandbar.epubxp.com/i/132126
The OAA created the National Aging Network, comprising the Administration on Aging at the national level, under the Department of Health & Human Services (HHS), State Units on Aging, and Area Agencies on Aging at the local level. In 2012, the HHS created the Administration for Community Living (ACL), bringing the Administration on Aging, the Office on Disability and the Administration on Developmental Disabilities together into a single agency. In announcing the creation of the new agency, HHS Secretary Kathleen Sebelius stated, "For too long, too many Americans have faced the impossible choice between moving to an institution or living at home without the long term services and supports they need."12 The objective of the new ACL is to work with communities to address support needs that go well beyond health care and include the availability of appropriate housing, employment, education, meaningful relationships and social participation. The ACL has a strong focus on finding the most efficient and cost effective ways to help older adults and those with disabilities. For example, it can be much less expensive for a senior to be at home with some support, as compared to hospitalization and the all too recurrent hospital readmissions. In Kentucky, the Department for Aging and Independent Living (the state unit under the OAA) oversees the administration of statewide programs and services for seniors and disabled individuals. There are 15 Area Agencies on Aging and Independent Living in Kentucky which coordinate services funded by the OAA, most of the services being provided through a provider network. These programs and services include Senior Citizen Centers, of which there are more than 200 centers located throughout the state.13 The Centers provide information and assistance, disease prevention and health promotion programs, elder abuse prevention programs, volunteer opportunities, and social services and activities for persons 60 and older. They also serve as meal sites where seniors can receive a meal addressing nutritional needs, up to five days a week. The OAA also provides funding for home delivered meals ("Meals on Wheels"). There is also a transportation assistance program providing transportation for seniors to get to the Senior Center or for nonemergency medical transportation needs. Other programs include the National Family Caregiver Support Program that assists families with their roles as caregivers and the Kentucky Long Term Care Ombudsman Program which advocates for the rights of nursing home residents and deals with elder abuse issues. CONCLUSION These are interesting times in the world of long term care funding. With the millions of baby boomers entering the senior population, and the 80 and older population growing by leaps and bounds, one can expect changes in the way seniors live and fund their long term care needs. There will in all likelihood be new types of residential and assisted living communities, new programs and changes to existing programs, along with new technology and products geared to assist the senior population. The bottom line seems to be that Planning for Long Term Care needs is here to stay and a well thought out plan can provide safeguards for you and your family. B&B; 1 2 3 4 5 6 7 8 9 10 11 12 13 National Vital Statistics Volume 61, No. 6 Oct. 2012. https://www.metlife.com/mmi/research/2012/market-survey-longterm-care-costs/html. Id. 42 U.S.C. Chapter 7, Subchapter XVIII, Health Insurance for Aged & Disabled; see also www.medicareadvocacy.org. K.R.S. 304.14-640- K.R.S. 304.14644; 806 KAR 17:083. All benefits available to veterans can be found in Title 38 of the U.S.C.; see also www.va.gov/opa/publications/benefits. 38 U.S.C. section 1717(a)(2)(A) and (B). 38 U.S.C. sections 1521-1525. www.fha.com/fha_reverse.cfm. Consumer Financial Protection Bureau (cfpb) Report dated June 28, 2012. 42 U.S.C. Chapter 35 Programs for Older Americans. Statement from Secretary Sebelius, July 13, 2012; see also http://hhs.gov/acl. http://chfs.ky.gov/dail/ KIPDA is local Area Agency on Aging and Independent Living for Jefferson and six surrounding counties http://www.kipda.org, Eileen Walsh has practiced law in Louisville for 30 years. During that time she has practiced in many different areas of law, including civil litigation, workers compensation, estate planning and probate, elder law, and appellate work. She has worked in the appellate division of the Attorney General's Office, as a partner at a local law firm, and on her own. In 2004, she teamed up with Whitney Wilson to form Elder Law of Louisville (formerly Walsh & Wilson, PLLC). Walsh is accredited by the Department of Veterans Affairs to assist veterans with claims for benefits. Nationally, she is a member of the National Academy of Elder Law Attorneys and ElderCounsel. Statewide, Walsh is a member of the Kentucky Bar Association, including membership in its Elder Law Section, and the Kentucky Guardianship Association, including sitting on its Board of Directors. Locally, she is a member of the Louisville Bar Association and the Greater Louisville Aging in Place Alliance and Elder Law Answers. She also seves on the Elder Law Committee of the Kentucky Bar Association, the Louisville Bar Association, and Greater Louisville Aging in Place Alliance. Whitney Wilson has practiced law in Louisville since 2004. Her practice at Elder Law of Louisville is focused solely on elder law, which includes wills, powers of attorney, advanced directives, trusts, trust administration, medicaid planning, VA Benefits planning, special needs, guardianship, and probate. She is accredited by the VA to assist veterans with claims for benefits. In the Louisville area, Wilson is an active member of the Louisville Bar Association (LBA), participating in the Estate & Probate Section and Disability Section. She is also a member of the Greater Louisville Aging in Place Alliance and the Health Services Professionals Network. Statewide, she is actively involved with the Kentucky Bar Association (KBA). She is the current vice-chair of its Elder Law Section. She is also a member of the Kentucky Guardianship Association. Nationally, Wilson is a member of the National Academy of Elder Law Attorneys and Elder Counsel. Wilson also writes and speaks on Elder Law topics. She is a contributing author of the Elder Law book published by West as part of its Kentucky Practice Series, having contributed the VA Benefits chapter. She also writes Elder Law of Louisville's blog. She routinely speaks on Elder Law topics, including at the KBA, LBA, UK/CLE, and for national legal seminar companies. She finds speaking with local groups most rewarding. 25 they can. Since 1965, the building of the infrastructure of community based services has taken place and is indeed well developed; however the number of people served is limited due to budget constraints. Whether this infrastructure can sustain itself is largely dependent upon future government spending. B&B; • 05.13