Legal & Regulatory Issues in Elder Care Flashcards
7 cards from real CFG practice questions. Tap to flip, then mark Knew It or Still Learning โ missed cards come back until you master them.
Read the first 7 Legal & Regulatory Issues in Elder Care flashcards as text
Which type of trust allows an elder to retain assets while still qualifying for Medicaid long-term care benefits, used in some states?
Answer: Qualified Income Trust (Miller Trust)
A Qualified Income Trust (Miller Trust) is used in income-cap states to allow individuals with income exceeding Medicaid limits to still qualify.
Elder financial abuse perpetrated by a family member or trusted person is legally classified as:
Answer: A form of elder abuse subject to criminal and civil penalties
Financial exploitation by family members or caregivers constitutes elder abuse under both state and federal law, carrying criminal and civil penalties.
The 'community spouse resource allowance' (CSRA) under Medicaid protects assets for:
Answer: The spouse remaining at home
The CSRA allows the community (at-home) spouse to keep a portion of the couple's assets so they are not impoverished by the nursing home spouse's Medicaid spend-down.
Which federal act prohibits age discrimination in employment for workers aged 40 and older?
Answer: Age Discrimination in Employment Act (ADEA)
The ADEA protects workers 40 and older from discrimination in hiring, promotion, pay, and other employment conditions.
A guardianship proceeding removes which right from an incapacitated adult?
Answer: The legal right to make personal and/or financial decisions
Guardianship transfers decision-making authority from the incapacitated ward to a court-appointed guardian for personal and/or financial matters.
Which document appoints someone to make healthcare decisions on behalf of an incapacitated person, separate from a living will?
Answer: Healthcare proxy (healthcare power of attorney)
A healthcare proxy or healthcare power of attorney designates an agent to make medical decisions when the principal cannot do so.
Under the Nursing Home Reform Act (OBRA 1987), nursing home residents have the right to:
Answer: Choose their own physician and refuse treatment
OBRA 1987 established a residents' bill of rights including the right to choose a physician and refuse treatment.