CFG Legal & Regulatory Issues in Elder Care 2 — Questions and Answers
Question 1: Under the Older Americans Act (OAA), which federal agency is primarily responsible for administering programs for older adults?
- Social Security Administration
- Administration for Community Living (Correct answer)
- Centers for Medicare & Medicaid Services
- Department of Veterans Affairs
Correct answer: Administration for Community Living
The Administration for Community Living (ACL) administers OAA programs, including nutrition, supportive services, and caregiver support.
Question 2: A durable power of attorney for finances differs from a standard power of attorney primarily because it:
- Covers only real estate transactions
- Remains effective if the principal becomes incapacitated (Correct answer)
- Requires court approval to be valid
- Automatically expires after one year
Correct 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.
Question 3: Which Medicare Part covers inpatient hospital stays for beneficiaries?
- Medicare Part A (Correct answer)
- Medicare Part B
- Medicare Part C
- Medicare Part D
Correct answer: Medicare Part A
Medicare Part A covers inpatient hospital care, skilled nursing facility stays, hospice, and some home health care.
Question 4: The Medicaid 'look-back period' for asset transfers is generally:
- 12 months
- 24 months
- 36 months
- 60 months (Correct answer)
Correct answer: 60 months
Medicaid reviews asset transfers made within 60 months (5 years) prior to application for long-term care benefits.
Question 5: Which legal document allows an individual to specify their wishes regarding medical treatment if they become unable to communicate?
- Revocable living trust
- Advance healthcare directive (Correct answer)
- Durable power of attorney for finances
- Springing power of attorney
Correct answer: Advance healthcare directive
An advance healthcare directive (living will) documents a person's preferences for medical care when they cannot speak for themselves.
Question 6: Under HIPAA, a healthcare provider may share a patient's protected health information with a family member:
- Only with the patient's written authorization or when the patient is present and does not object (Correct answer)
- Freely, since family members are always authorized
- Only if the family member is a licensed healthcare worker
- Never, under any circumstances
Correct 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.
Question 7: A 'springing' durable power of attorney becomes effective:
- Immediately upon signing
- Only when a specified triggering event occurs, such as incapacity (Correct answer)
- Upon the death of the principal
- After a mandatory 30-day waiting period
Correct 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.
CFG Legal & Regulatory Issues in Elder Care 2
Under the Older Americans Act (OAA), which federal agency is primarily responsible for administering programs for older adults?