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Senior Lawyers Division

. . . for the Experienced Lawyer | ABA SENIOR LAWYERS DIVISION | MARCH 2007



There is now a web-based test that offers a standardized method to rapidly detect brain impairment and dementia. A study published in the February 2007 edition of the Journal of the American Geriatrics Society reports that the Automatic Clock Drawing Test ™, a commercially available product, Times2Tell ™, through SpecialtyAutomated Systems Corporation (http://www.specialtyautomated.com/), is the first of its kind to fully automate one of the most widely used cognitive assessment tests, the clock drawing test. This new, sensitive, multimedia, and interactive test also offers a uniform, objective, and user-friendly method to screen and monitor drivers in departments of driver's licenses, doctors' offices, and clinical settings. It allows agencies to administer thousands or millions of clock drawing tests on computers.  As a computerized device, it effectively saves significant time, paper, labor, and costs associated with administering, scoring, and interpreting results of the traditional paper-based clock drawing tests. The Automatic Clock Drawing Test ™ offers great potential for fitness-to-drive evaluations to reduce crashes and high-profiled tragedies involving dementia drivers.

Undetected cognitive impairment (CI) and dementia are among the greatest challenges to face the health care system today.  This study reported cutoff scores, which is a big breakthrough. More than half the subjects, aged 64 to 99 years, were referred for medical evaluation on the basis of their Automatic Clock Drawing Test ™ scores.  The researchers also found significant consistency between the test results and crash history of drivers. Each driver who reported a crash failed at 10% or more.  Scores and completion time for these automated tests were directly linked with age.

This study also shows that the Automatic Clock Drawing Test ™ provides an equal playing field for individuals with special needs, especially those with inabilities to hold writing instruments.   Until now, such subjects and drivers faced discrimination, hardship, or license revocation on the basis of a shaking disorder or other disability.

Furthermore, uniformity of the Automatic Clock Drawing Test ™ allows lawyers and other legal professionals to readily review or monitor a subject's cognitive performance.  It may also serve as a tool in liability determinations and assessments, especially when the majority of cognitive tests are subjective and, usually, manual. Importantly, the Automatic Clock Drawing Test ™ ensures that subjects and drivers of all ages, cultures, and educational backgrounds will be screened and treated fairly and equally.

The Automatic Clock Drawing Tests ™ are now available online with instant tests, scores, results, and statistics that layman and professionals can easily use, review, and study on the
web.   There is also a complete line of web-based Automatic Clock Drawing Tests ™ for
military and international clients to respond to the leading cause of disability and death,
Traumatic Brain Injury (TBI).

For more information, contact:
Sandy H. Straus
Phone: 561/361-0004
Email: strauss@esracorp.com

Source: Journal of the American Geriatrics Society, February 2007


Elder Abuse

National Center on Elder Abuse Newsletter, February 2007


Elder Care

Bill may change options, quality of elder’s care
Michelle Rupe Eubanks, TimesDaily

In elder care, signing on becomes a way to drop by
Christine Larson, The New York Times


Elder Law

Bills Introduced

S 661 (Clinton, D-NY), to establish kinship navigator programs, to establish guardianship assistance payments for children; to Finance. S2164, CR 2/16/07.

HR 1161 (Lowey, D-NY), to amend Title II of the Social Security Act to credit prospectively individuals serving as caregivers of dependent relatives with deemed wagers for up to five year of such service; to Ways and Means. H1894, CR 2/16/07.

S 708 (Kohl, D-WI), to promote labor force participation of older Americans, with the goals of increasing retirement security, reducing the projected shortage of experienced workers, maintaining future economic growth, and improving the nation's fiscal outlook; to Health, Education, Labor, and Pensions. S2355, CR 2/28/07.

S 709 (Kohl, D-WI), to promote labor force participation of older Americans, with the goals of increasing retirement security, reducing the projected shortage of experienced workers, maintaining future economic growth, and improving the nation's fiscal outlook; to Finance. S2355, CR 2/2807.

S 716 (Coleman, R-MN), to establish a Consortium on the Impact of Technology in Aging Health Services; to Health, Education, Labor, and Pensions. S2355, CR 2/28/07.


The Senate Special Aging Committee held a hearing titled, “The Aging Workforce: What Does it Mean for Businesses and the Economy?” 2/28/07, 10:30 am, 628 Dirksen.



Caffeine may protect elderly hearts.

From YOU: On a Diet
The 99-Second Edition

Michael F. Roizen, MD, and Mehmet C. Oz, MD, RealAge.com

Health care may be 1/5 of what you spend
Kevin Freking, Associated Press
Source: Yahoo!News


Health care spending seen doubling
in 10 years

Susan Heavey, Reuters

New options (and risks) in home care
for elderly

Jane Gross, The New York Times

Some Employers Are Offering Free Drugs
Milt Freudenheim, The New York Times

Who will fund boomers' long-term care?
Bob Moos, The Dallas Morning News


Health Law

The Senate Finance Committee held a hearing titled “Medicare Payment for Physician Services: Examining New Approaches.” 3/1/07, 10 am, 215 Dirksen.



Judge certifies nationwide class in Medicare drug case
National Senior Citizens Law Center

Medicaid cuts would cost public hospitals, other facilities
Ricardo Alonso-Zaldivar
Los Angeles Times Source: KTLA.com

Medicaid recovery of home catches many families by surprise
Elder Law Answers

A Patient’s Bill of Rights
Center for Medicare Advocacy, Inc.
Patient Rights, copyright 2007,
Center for Medicare Advocacy, Inc.
All rights reserved. Reprinted by permission of the authors.

Some Employers Are Offering Free Drugs
Milt Freudenheim, The New York Times


Reverse Mortgages

Reverse Mortgage Danger Signals
Frank J. Kautz II



A contrarian view: save less and still retire with enough
Damon Darlin, The New York Times


Social Security

Spousal Benefits Abuse
David Hogberg, The American Spectator



Information of interest on assisted living, nursing homes, healthcare, and more.



2007 SLD Spring Meeting
April 12-14
Eldorado Hotel
Santa Fe, NM

SLD/ALI-ABA Elder Law Course
April 26-27
Millennium Knickerbocker Hotel
Chicago, IL


US Supreme Court Trip
June 3-4
Mandarin Oriental Hotel
Washington, DC

2007 SLD Annual Meeting
August 9-11
JW Marriott Hotel
San Francisco, CA

courtesy of the ABA Senior Lawyers Division Elder Law Committee, contains summaries of articles of interest including hyperlinks to e-news web sites. Articles appear on the provider’s web site as of today’s e-news posting. Visit the provider’s web site to request a copy of the article if the link no longer is operational. You may also gain access to most newspapers through local libraries.

The views of the commentators are their own and do not necessarily reflect the views of the ABA Senior Lawyers Division.

Share comments with other SLD members concerning senior issues via e-mail.
Visit sld-membership@mail.abanet.org.

Authors are encouraged to submit articles for possible publication to the Division’s periodicals, Experience magazine, Practicing Senior Lawyer supplement, and Senior Lawyer newsletter. Contact Tom Campbell, campbellt@staff.abanet.org for more information.

The Elder Law E-News list serve is transmitted electronically to SLD members every month. Members are asked to submit newsworthy articles that are of interest to lawyers. Topics should be relevant to the practice of elder law, elder law court cases and opinions, and senior issues including Medicare, health law issues, etc. Articles should be faxed or sent by e-mail with direct link to article to Angela Boykin (fax: 312/988-6033, e-mail: boykinaa@staff.abanet.org). Articles should note the article title, source, date and/or issue.

The Elder Law Committee thanks the following
Elder Law E-News article contributors and reviewers:

Malinda Allen
Walter Burke
Frank J. Kautz II
Ruth Kleinfeld
Marvin Maydew
Kathleen O’Connor Robertson
Sandy H. Straus
Center for Medicare Advocacy, Inc.

Elder Law E-News | Copyright 2007 American Bar Association

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