Senate Special Committee on Aging Hears NAELA’s Concerns and Proposed Changes to Medicaid

July 20, 2005

The United States Senate SpecialCommittee on Aging heard today from Vincent Russo, past president of theNational Academy of Elder Law Attorneys (NAELA). Russo has served thousandsof individuals facing the current long-term care crisis. Russo addressed “twoill advised proposals that will harm tens of thousands of older Americans whohave worked all of their lives, paid taxes and have never been on publicassistance.” One proposal to make penalties harsher calls for changing thestart of the penalty period from the date of transfers to the date one appliesfor Medicaid. The other proposal would increase the lookback period to fiveyears. Russo asserts that these proposals will create unacceptable newobstacles for vulnerable, frail elderly individuals and persons withdisabilities to get care, partly because the proposals will requirerecordkeeping and documentation that is far beyond the normal practices of theelderly, especially poor and chronically ill. “Making asset transferpenalties more punitive will mainly hurt seniors who are faced with horrifichealth and income security choices and who are acting in good faith,” saidRusso.

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