As January, 2006, gets under way, you might wonder what the new year is likely to have in store for seniors, the disabled, and the advocates—including elder law attorneys—who work with them. Some of what we see in the Fleming & Curti, PLC, crystal ball:

Medicare Part D. It’s already here, it’s incredibly confusing, and so far it has been, well, sort of a bust. That will change, however; as the May deadline for most seniors to sign up approaches, there will probably be a flurry of activity. Right now most are waiting to see what their friends and neighbors plan to do, to see which plans are going to morph into less (or more) desirable offerings, and what the developing buzz will tell them about making the choice.

For the hardy few who have already tackled the problem the choices are bewilderingly complicated. Some drugs are not available at all on some plans, and figuring out which of your drugs are covered can be overwhelming. The government’s suggestion: look it up online. Forget that few seniors have internet access and proficiency.

Meanwhile, expect a vocal round of protests over the next two or three months. That will be the response of individuals who are trying to refill their existing prescriptions for the first time under Part D. We are already hearing from the “dual eligibles”—those who qualify for Medicaid assistance as well as Medicare, who were forced to sign up by the beginning of the year.

And, speaking of Medicaid; in the face of spiraling medical costs and in a political environment which mandates tax cuts, it should surprise no one that the current Congress and Administration are out to reduce Medicaid’s budget. The approach you should expect to see evolve this year will be to make eligibility much harder to obtain. The government’s current plan will penalize anyone who makes even small gifts to charities, family members or others before applying for Medicaid assistance. The biggest hit, however, may be taken by the nursing home industry. The winners: the insurance industry and lawyers, both of which groups tend to thrive on crisis and anxiety.

Exploitation. As more seniors do get online, the speed with which they can be fleeced of their assets and income increases exponentially. One of the least-discussed problems of the last decade has been the stunning increase in financial exploitation of the elderly. From family members misappropriating funds, to “sweepstakes” scams, to “home improvement” rip-offs, the pace of financial exploitation of the elderly will, we predict, continue to increase in the next year.

So what do you see in the near future for seniors and those with disabilities? We’d love to hear from you. We'll share any really good submissions in future Issues.

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