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12 J.L. & Pol. 195 (1996)
Misinformation and Self-Deception in Recent Long-Term Care Policy Trends

handle is hein.journals/jlp12 and id is 205 raw text is: Misinformation and Self-Deception
in Recent Long-Term Care Policy Trends
Jan Ellen Rein*
SUMMARY
The topic of this article is both timely and highly controversial. The
fate of the federal program of long-term care assistance under Medicaid
is a key issue in the clash between the Congress and the White House
over the recently vetoed Balanced Budget Act which, in its Medigrant
provisions, would dramatically alter long-term care policy as we know it.
As this is written, the issues examined are the subject of heated debate in
the White House, United States Congress, state legislatures, mayoral
offices, health care agencies, and affected citizens throughout the land.
The following analysis provides information and insight needed by
policy makers and health care analysts from the grass roots up and from
the Presidency on down. No matter what happens to the Medicaid
program this year, the issues raised will be debated at the community,
state, and federal level for years to come.
America's wealth transmission system accommodates a property
owner's desire to transfer assets remaining at death to loved ones.
However, a curious deviation from this time-honored tradition appears
in policy discussions and legislation in the context of wealth retention
* Professor of Law, University of the Pacific, McGeorge School of Law; Member, New York
State Bar & Washington State Bar. B.A., 1962, Wellesley College; LLB., 1965, Georgetown
University Law Center.
I gratefully acknowledge the excellent research assistance of Eric Graves and Scott Isherwood,
McGeorge School of Law, Class of 1995; Alan Sozio, Jennifer McGill, Shelly Longaker, and Ellen
Kim, McGeorge School of Law, Class of 1996; and Colette Skaggs, McGeorge School of Law, Class
of 1997, with special thanks to Mr. Isherwood, Ms. Longaker, and Ms. Skaggs for their extra work on
this project. Special thanks also to McGeorge School of Law reference librarians Evelyn
Posamentier, Louise Roysdon, Susan Van Syckel, and Sue Welsh for their unstinting help with
difficult research tasks.
I wish to thank Catherine L. Hughes, Esq., Ira S. Wiesner, Esq., and Professors Michael Berch,
Jonathan Barry Forman, Martin J. McMahon, Jr., John Sprankling, Michael Vitiello, and Phil Wile for
their helpful comments on portions of this article. I also gratefully acknowledge the administrative
and financial support for this project provided by McGeorge School of Law. The views expressed in
this article are solely the author's and do not necessarily reflect the views of those whose
commentary or financial assistance helped forward this project.

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