Brigham Young University Prelaw Review
Keywords
End-of-Life Care, Hospice, Medicare, Medicaid, Elder Abuse, Elder Law, Health Law, Disability Law, Long-term Care Facility, Rehabilitation, Enforcement, Federal Funding, Neglect, Abuse
Abstract
End-of-life care comes with several challenges: the level of care required is often complex and difficult to administer, fraud goes unchecked, facilities are understaffed, and the enforcement of care requirements is minimal. As a result, these conditions lead to neglect and abuse of an extremely vulnerable population with few options for recourse for elderly victims and their families. As the elderly population continues to rise in the United States, the need for reform will only continue to increase. The federal government provides substantial funding for end-of-life care through Medicare, and significant changes must be made to address current health disparities and adapt to rising care demands. These changes must include higher staffing requirements, more frequent audits and inspections of fund-receiving facilities, and stronger consequences for failure to meet minimum standards of care. Adjusting Medicare requirements will result in decreased neglect, abuse, and fraud, and an increased ability to die with dignity.
BYU ScholarsArchive Citation
Ball, Juliette K. and Mildenhall, Dallin M.
(2024)
"The Price of Dignity: How Medicare Requirements Shape End-of-Life Care,"
Brigham Young University Prelaw Review: Vol. 38, Article 9.
Available at:
https://scholarsarchive.byu.edu/byuplr/vol38/iss1/9