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

1. PROTECTING THE ELDERLY IN USA

GOVERNMENTS PROTECTING ELDERLY United States of America State of Illinois Cook County City of Chicago

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

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

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

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

2. MEDICARE AND MEDICAID

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

BASIC MEDICAL CARE (GENERALLY) Child Adult Age 65 Parent’s Insurance Policy Employer’s Group Plan or Personal Insurance Policy Medicare

MEDICARE - BENEFITS Part APart BPart CPart 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 Private Insurance Company

MEDICARE - COSTS Part APart BPart CPart 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 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

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

3. UNITED NATIONS

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 The Chicago Declaration of Human Rights of Older Persons will be presented by representatives of The John Marshall Law School

THANK YOU Any questions, comments or observations are welcome at