Legal Aspects of Elder Care

by Kapp, Marshall B.

• ISBN13: 9780763756321
• ISBN10: 0763756326
• Edition: 1st
• Format: Hardcover
• Copyright: 2009-03-02
• Publisher: Jones & Bartlett Learning

Summary

Planning, providing, and evaluating geriatric care raises a wide variety of legal issues for health and human services practitioners and those who advocate for, develop, and enforce the public policies within which services are delivered. This text offers excerpts from selected statutes and regulations, judicial opinions, and the legal and health care journal literature, as well as commentary on these materials, discussion questions and hypothetical cases, and suggestions of other information sources for the teacher and student. Ideal for courses or programs in health administration, nursing, law, ethics, social work, or gerontology, this text will stimulate class reflection and interaction regarding the meaning and relevance of key legal concepts for the present or future health care professional. For the healthcare professional, it will inform and sensitize those who will deal with older persons about some of the current and potentially emerging legal issues they may encounter in providing services to older patients/clients, and to help them respond intelligently to legal issues and the responsibilities they impose. This text will be accompanied by a complete set of PowerPoint lecture slides for instructors. (Contact your publisher's representative to be notified as these become available.)

Table of Contents

Preface	p. vi
A Note on Legal Citations and Legal Sources	p. vii
About the Author	p. ix
Abbreviations Used in This Text	p. x
Acknowledgments	p. xiii
Introduction	p. 1
Law as a Social Tool	p. 1
Legal Status of Older Persons	p. 6
Does the Law Accomplish Its Goals?	p. 10
Looking to the Future	p. 11
The Law and Social Values	p. 13
Content of the Law and the Role of Age	p. 15
Notes	p. 17
The Right to Make Decisions: Informed Consent and Refusal	p. 19
Informed Consent	p. 20
Risk Management Implications	p. 26
Decision-Making Capacity	p. 32
Notes	p. 40
Legal Aspects of Death and Dying	p. 41
Legal Liability Anxieties in the Intensive Care Unit	p. 42
Putting Legal Risks Into Perspective	p. 44
Futile Treatment	p. 46
Artifical Nutrition and Hydration	p. 48
Advance Health Care Directives	p. 59
Assisted Death	p. 72
Euthanasia	p. 83
Pain Control for Dying Patients	p. 85
Notes	p. 99
Legal Interventions for Incapacitated Older Persons	p. 101
Background	p. 101
Specific Intervention Mechanisms	p. 110
Evaluating Intervention Strategies	p. 132
Regulation and Financing of Geriatric Services and Settings	p. 135
Home Care	p. 135
Assisted Living	p. 160
Continuing Care Retirement Communities or Life Care Communities	p. 168
Hospice	p. 169
Adult Day Care	p. 171
Nursing Homes	p. 172
Nonprofit Nursing Homes	p. 214
Financing Long-Term Care	p. 220
Notes	p. 231
Older Individuals and the Right to Privacy	p. 233
Organizational Principles	p. 235
State Practice Acts	p. 236
Reporting Medical Conditions	p. 239
Family Caregiving and Confidentiality	p. 245
Additional Information Sources	p. 246
Notes	p. 248
Research Participation and Older Persons	p. 249
Regulatory Overview	p. 249
Decisional Capacity and Research Participation	p. 257
Are New Federal Regulations Needed?	p. 261
State Regulation	p. 262
Notes	p. 266
Family Law Issues and Older Persons	p. 267
Family Caregivers' Legal Concerns	p. 267
Family and Medical Leave Act	p. 274
Elder Mistreatment	p. 277
Acknowledgment of, and Responses to, Elder Mistreatment	p. 279
State Approaches to Elder Mistreatment	p. 282
Grandparents' Rights	p. 291
Kinship Care	p. 295
Notes	p. 297
Protection of Older Consumers	p. 299
The Regulatory Landscape	p. 299
Notes	p. 309
Age Discrimination and the Law	p. 311
What Is the Relevance of a Person's Age?	p. 311
Age Discrimination in Employment	p. 313
Disability Discrimination	p. 322
Housing	p. 325
Health Care Rationing	p. 327
Voting	p. 337
Discrimination in Favor of Older Persons	p. 337
Notes	p. 340
Index	p. 341
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