Robert N. Brown - The rights of older persons

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Page i The Rights of Older Persons

Page ii Also in this series THE RIGHTS OF AUTHORS AND ARTIST by Kenneth P. Norwick, Jerry Simon Chasen, and Henry R. Kaufman THE RIGHTS OF CRIME VICTIMS by James Stark and Howard Goldstein THE RIGHTS OF EMPLOYEES by Wayne N. Outten with Noah A. Kinigstein THE RIGHTS OF GAY PEOPLE by Thomas B. Stoddard, E. Carrington Boggan, Marilyn G. Haft, Charles Lister, and John P. Rupp THE RIGHTS OF PRISONERS by David Rudovsky, Al Bronstein, and Edward I. Koren THE RIGHTS OF SINGLE PEOPLE by Mitchell Bernard, Ellen Levine, Stefan Presser, and Marianne Stecich THE RIGHTS OF TEACHERS by David Rubin with Steven Greenhouse THE RIGHTS OF WOMEN by Susan Deller Ross and Ann Barcher THE RIGHTS OF YOUNG PEOPLE by Martin Guggenheim and Alan Sussman YOUR RIGHT TO GOVERNMENT INFORMATION by Christine M. Marwick THE RIGHTS OF STUDENTS by Janet R. Price, Alan H. Levine, and Eve Cary

Page iii AN AMERICAN CIVIL LIBERTIES UNION HANDBOOK The Right of Older Persons Second Edition Completely Revised and Up-to-Date Robert N. Brown with Legal Counsel for the Elderly General Editor of the Handbook Series: Norman Dorsen, President, ACLU SOUTHERN ILLINOIS UNIVERSITY PRESS CARBONDALE AND EDWARDSVILLE

Page iv Copyright 1989 by the American Civil Liberties Union All rights reserved Printed in the United States of America Copyedited by Sally A. Master Production supervised by Linda Jorgensen-Buhman 98 97 96 95 7 6 5 4 Library of Congress Cataloging-in-Publication Data Brown, Robert N., 1944 The rights of older persons. (An American Civil Liberties Union handbook) 1. AgedLegal status, laws, etc.United States. 2. Old age assistanceLaw and legislationUnited States. 3. Aged Medical careLaw and legislationUnited States. I. Legal Counsel for the Elderly (Washington, D.C.) II. Title. III. Series. KF390.A4B76 1988 346.7301'3 88-2030 ISBN 0-8093-1432-0 347.30613 The paper used in this publication meets the minimum requirements of American National Standard for Information SciencesPermanence of Paper for Printed Library Materials, ANSI Z39.48-1984.

Page v CONTENTS Preface vii Acknowledgments ix Introduction xi Part One. The Right to an Adequate Income 1. Social Security Robert N. Brown and Michael R. Schuster 3 2. Supplemental Security Income Robert N. Brown and Michael R. Schuster 60 3. Disability Programs under Social Security and Supplemental Security Income Jan Allen May 94 4. Civil Service and Railroad Pension Programs Robert N. Brown 131 5. Private Pensions Robert N. Brown and Robert L. Liebross 146 6. Age Discrimination in Employment J. Kenneth L. Morse 184 Part Two. The Right to Health Care 7. Medicare Robert N. Brown and William A. Dombi 219 8. Medicaid Robert N. Brown and Virginia R. Long 256 9. Nursing Homes Robert N. Brown and M. Anne Hart 287

Page vi Part Three. The Right to Freedom from Restraints on Life, Liberty, and Property 10. Guardianship and Civil Commitment Robert N. Brown, DaCosta R. Mason, Thomas V. Trainer, and Bruce B. Vignery 327 11. The Right to Refuse Medical Treatment Fenella Rouse 372 Appendixes A. National Legal Organizations for the Elderly 387 B. National Organizations for the Elderly 389 C. Congressional Committees 392 D. State Offices of Aging, Legal Services Developers, and Long-term Care Ombudsmen

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