Legal & Regulatory Issues in Elder Care Flashcards

Under the Older Americans Act (OAA), which federal agency is primarily responsible for administering programs for older adults?

Answer: Administration for Community Living

The Administration for Community Living (ACL) administers OAA programs, including nutrition, supportive services, and caregiver support.

A durable power of attorney for finances differs from a standard power of attorney primarily because it:

Answer: Remains effective if the principal becomes incapacitated

A durable POA remains in effect even if the principal loses mental capacity, making it a critical elder planning tool.

Which Medicare Part covers inpatient hospital stays for beneficiaries?

Answer: Medicare Part A

Medicare Part A covers inpatient hospital care, skilled nursing facility stays, hospice, and some home health care.

The Medicaid 'look-back period' for asset transfers is generally:

Answer: 60 months

Medicaid reviews asset transfers made within 60 months (5 years) prior to application for long-term care benefits.

Which legal document allows an individual to specify their wishes regarding medical treatment if they become unable to communicate?

Answer: Advance healthcare directive

An advance healthcare directive (living will) documents a person's preferences for medical care when they cannot speak for themselves.

Under HIPAA, a healthcare provider may share a patient's protected health information with a family member:

Answer: Only with the patient's written authorization or when the patient is present and does not object

HIPAA permits disclosure to family members involved in care when the patient authorizes it or is present and does not object.

A 'springing' durable power of attorney becomes effective:

Answer: Only when a specified triggering event occurs, such as incapacity

A springing POA 'springs' into effect only when a defined condition—typically incapacity—is met.