"Brain Fitness" for Seniors

On September 8, 2008, a Press Release entitled "Seniors Housing Communities Embrace Brain Fitness Centers" announced that the American Seniors Housing Association, in conjunction with SharpBrains, issued a briefing that "describes the use of computerized brain fitness tools being offered to senior housing residents as part of comprehensive wellness initiatives."

"Brain Fitness" is described by Wikipedia as a new movement in science:

Brain fitness grew out of the study of neuropsychology and is the science of maintaining and training cognitive abilities. Its training principles are based on concepts derived from phenomena contributing to neuroplasticity and neurogenesis.

Cognitive abilities like attention, memory, visual/spatial processing, auditory processes and language, motor coordination, and executive functions like planning and problem solving diminish over time unless they are used regularly.

A major hypothesis is that improvement in cognitive abilities through brain exercise represents brain fitness, in an analogy with how physical exercise produces physical fitness. * * * Brain fitness typically seeks to improve attention, memory, thinking, and stress management.

The study of "brain fitness" quickly resulted in devices and programs intended to improve brain functioning, particularly for seniors anticipating or experiencing decline.

Jack LaLanne, the American fitness, exercise & nutritional expert, soon to be 94, is a proponent of brain exercise along with physical exercise, to maintain well-being, according to a Washington Times article, "Brain fitness on LaLanne's mind" (07/09/08), by Karen Goldberg Goff:

"Dying is easy," Mr. LaLanne says in a phone interview from his California office. "Living is an athletic event. Inactivity is a killer. A little exercise pays off such great dividends." * * *

His latest venture is as a spokesman for [m]Power, a cognitive exercise media system. The system, which is being used in more than 100 senior living centers and is available for home use, uses video and sound clips, trivia games and brain teasers to give senior citizens' brains a workout. * * *

Dan Michel, chief executive of Dakim, the company that manufactures the device, says a mental workout -- like the physical workout Mr. LaLanne has been promoting all these years -- can improve cognitive functioning and ward off signs of dementia.

"Scientists now believe that the brain is plastic until the end," he says. "As aging occurs, we lose neurons or synapses over time. If we are constantly learning new things, we create new neurons and create a cognitive reserve. Our system works on long-term memory, short-term memory, language, spatial relations and critical thinking. It constantly self-adjusts the level of difficulty to stretch the mind." * * *

Brain Fitness is now a movement, particularly among senior citizens, soon to be joined by aging "baby boomers."

The trend was highlighted in a New York Times article entitled "As Minds Age, What's Next? Brain Calisthenics" (12/27/06) by Pam Belluck. She reported that "across the country, brain health programs are springing up, offering the possibility of a cognitive fountain of youth. See also: "Beating forgetfulness and boosting the brain" (07/25/07) by Kristen Gerencher, posted by MarketWatch; and "Calisthenics for the Older Mind, on the Home Computer" (08/26/07) by Christine Larsen, also posted by The New York Times, which considered the skepticism of some research scientists.

Still, new high-technology products & programs now fill these "brain gyms." Nintendo, the world's biggest maker of portable game players, sold 21.5 million copies of its Brain Age and Brain Age 2 games in the past two years, according to "Dementia-Dreading Baby Boomers Spur Race to Invent Brain Games" (04/04/08) by Rob Waters, posted by Bloomberg.

He reported about such a "brain gym" that challenges senior citizens:

The software was created by closely held Posit Science Corp. in San Francisco.

It is one of about 20 companies, including Nintendo Co., pitching brain games to the elderly and baby boomers to delay or blunt the onset of dementia.

The market will surge to $2 billion by 2015 from $225 million last year, says Alvaro Fernandez, co-founder of SharpBrains, a San Francisco consulting company. * * *

Brain-training programs for the elderly "will become as common as bingo,'' says SharpBrains' Fernandez, 35, whose company promotes science-based cognitive training. "Over 400 senior residential facilities have brain-fitness centers today.'' * * *

See also: 'Brain fitness' Market for aids to stall 'senior moments' booms with aging boomers (06/20/08), by Megan K. Scott, of Associated Press, who also quoted Mr. Fernandez.

The recent Press Release offered new evidence about this movement, but in the setting of senior housing centers:

This is the very first publication in the field of brain fitness to address specific considerations related to seniors housing, expanding on our general Market Report released earlier this year.

It is very conceivable that the early and enthusiastic adoption of cognitive fitness, supported by the solid measurement of outcomes reported in the Brief, will help to transform the way in which the general population perceives seniors housing. * * *

I wondered about the specifics of the report mentioned in the Press Release, so I sent Mr. Fernandez an email message. He replied quickly:

The target audience for the special report is execs at seniors housing communities, not consumers.

Consumers can find many free resources in our website, more relevant to them than the content of the special report.

Have you seen this series of interviews with scientists and this Program Evaluation Checklist or this overview article on brain health trends? * * *

Although skepticism remains as to the long-term effectiveness of current brain training tools, I am impressed by the growth of this recent movement towards "brain fitness" -- a phenomena suggested by science that quickly materialized into marketed products, now being placed into communal housing for seniors.

Proposed Fed Regs on Retirement Plans

On August 21, 2008, the U.S. Department of Labor issued a Press Release entitled "U.S. Labor Department proposes rules on investment advice exemption for 401(k) plans and IRAs" that announced publication the next day of proposed regulations to govern rendering of investment advice for 401(k) and IRA plans.

The U.S. Department of Labor today announced publication of two proposed rules under the Pension Protection Act (PPA) to make investment advice more accessible for millions of Americans in 401(k) type plans and individual retirement accounts (IRAs). * * *

"These proposals would give workers greater access to investment advice so that they are better equipped to manage and monitor their 401(k) plans and Individual Retirement Accounts," said U.S. Secretary of Labor Elaine L. Chao.

The PPA amended the Employee Retirement Income Security Act (ERISA) by adding a new prohibited transaction exemption that allows greater flexibility for participants of 401(k) plans and IRAs to obtain investment advice.

One of the ways in which investment advice may be given under the exemption is through the use of a computer model certified as unbiased, the other is through an adviser compensated on a "level-fee" basis.

Several other requirements also must be satisfied, including disclosure of fees the adviser is to receive. * * *

The proposed regulations were published in the Federal Register on August 22, 2008 (Volume 73, Number 164) by the Employee Benefits Security Administration as document 49896–49923 [E8–19272] entitled Investment Advice; Participants and Beneficiaries (also available in PDF format as amendments to 29 CFR Parts 2550, 29 pages).

This is the "Summary" of the proposed regulations, as contained in the published notice:

This document contains proposed regulations implementing the provisions of the statutory exemption set forth in sections 408(b)(14) and 408(g) of the Employee Retirement Income Security Act, as amended (ERISA or the Act), and parallel provisions in the Internal Revenue Code of 1986, as amended (Code), relating to the provision of investment advice described in the Act by a fiduciary adviser to participants and beneficiaries in participant-directed individual account plans, such as 401(k) plans, and beneficiaries of individual retirement accounts (and certain similar plans).

Section 408(b)(14) provides an exemption from certain prohibited transaction provisions in ERISA with respect to the provision of investment advice, the investment transaction entered into pursuant to the advice, and the direct or indirect receipt of fees or other compensation by the fiduciary adviser or an affiliate in connection with the provision of advice or the transaction pursuant to the advice.

Section 408(g) describes the conditions under which the investment advice related transactions are exempt.

Upon adoption, the regulations will affect sponsors, fiduciaries, participants and beneficiaries of participant-directed individual account plans, as well as providers of investment and investment advice-related services to such plans.

The Press Release solicited comments on the proposed regulations, which are due by October 6, 2008:

Written comments on the investment advice proposals should be addressed to the Office of Regulations and Interpretation, Employee Benefits Security Administration, Room N-5665, U. S. Department of Labor, 200 Constitution Ave., NW, Washington, D.C. 20210, Attn: Investment Advice Regulations.

The public also may submit comments electronically by email to e-ori@dol.gov, or through the federal e-rulemaking portal at www.regulations.gov.

On September 8, 2008, Blaine F. Aikin, the President and CEO of Fiduciary 360 LP, in Sewickley, PA, expressed concerns about the proposed regulations in an article entitled "Can brokers be fiduciaries?" posted on Investment News.

He evaluated the new DOL guidelines as "a problematic development."

Judging by newly proposed regulations on investment advice, it looks as if the Department of Labor is trying hard to engineer a sharp turn from the course established by Congress. * * *

[T]he DOL simultaneously proposed a new class exemption to allow commission-based registered representatives to become fiduciary advisers and give advice to participants and beneficiaries of participant-directed retirement plans and individual retirement accounts.

The new class exemption is a very big change that the DOL contended will "increase the variety of investment advice arrangements that are available and potentially lower the cost and promote the marketing of such arrangements, to the benefit of participants." * * *

The DOL has seized on the opportunity created by the act to expand on the idea that most investors need advice. It chose to do so in two ways.

First, it would extend the regulations to address advice given to IRA account holders.

Second, it proposed to allow conflicted financial services reps to give advice in competition with the fiduciary advisers contemplated under the act. * * *

Aikin noted that the first component is consistent with Congressional intention, but the second is not. He concluded: "Whether investors will in fact benefit hinges upon whether all fiduciary advisers will be able to adapt to the new rules, and the fiduciary standard of care they are designed to promote, quickly and effectively."

For Aikin's more generic recommendations regarding a fiduciary's conduct in an investment setting, see: "A warning light for fiduciaries -- What you can do about the increasing risk of litigation from disgruntled investor" (06/09/08).

"A nickel isn't worth a dime today."

-- Yogi Berra, quoted in "Yogi Berra's 7 secrets to building wealth" (01/02/08) by Karen Datko posted on MSN Money

Comments Due on PA's Assisted Living Regs

On September 7, 2008, The Philadelphia Inquirer published a commentary, entitled "Proposed assisted-living rules fall woefully short" by Alissa Halperin, Esq., of the Pennsylvania Health Law Project, regarding pending regulatory rules proposed by the Pennsylvania Department of Public Welfare to govern future operations of assisted-living facilities in this state.

She concluded: "The proposed regulations do represent a step in the right direction. But they must be beefed up to include stronger consumer protections. * * * Thankfully, the draft regulations are still in a formative stage and the public has an opportunity to give its input now."

Her comments echo many points made in a Press Release, issued in August, 2008 by the Pennsylvania Assisted Living Consumer Alliance entitled "New Assisted Living Regulations Do Little to Protect Consumers," which "asks the public to make their voices heard on fundamental rights."

For background on the issuance of the proposed regulations under Act 56 of 2007, see PA EE&F Law Blog postings "PA "Assisted Living Residence" Regs Proposed" (07/31/08) and "PA's Act No. 56 on Assisted Living Facilities" (07/26/07). See also: "Long-Term Care in PA: Assisted Living Update" (11/12/07), posted by AARP.

Alissa Halperin, Esq. as Project Director of PALCA and as Senior Attorney & Deputy Director of Policy Advocacy at the PHLP, also created a PowerPoint presentation entitled "The Evolution of Assisted Living in Pennsylvania" that provides background and makes points about the proposed regulations. See also: "The Status of Assisted Living in Pennsylvania" (07/07; PDF, 11 pages) PowerPoint, by Dana Breslin, Esq. and Alissa Halperin, Esq., prepared for the Pennsylvania Bar Institute's Elder Law Institute.

Such differences in opinion as to the effectiveness of the proposed regulations was the subject of an article posted on September 6, 2008, by KYW News Radio (Philadelphia, PA) entitled "Pa.'s Assisted Living Facilities Will Get New Regulations" by Pat Loeb, who reported:

The Pennsylvania Department of Public Welfare is developing new requirements and regulations for assisted living facilities in the state. The new regulations are meant to protect residents, but consumer advocates think the regulations don't go far enough.

It's been eight years since World War II veteran William Neff died of abuse at an assisted living facility in Bucks County -- igniting an outcry for new regulations. But until now, assisted living has been licensed the same way as personal care homes.

Alissa Halperin of the Pa assisted living consumer alliance says the problem with the new regulations is they don't represent enough of a change. * * *

Spokesperson Stacy Witalec says the Department of Public Welfare is open to suggestions from Halperin and others: “We are hoping through the regulation process we can all come to the table to make sure these regulations meet the very unique needs of every resident we're hoping to serve.” * * *

Written comments about the proposed assisted living regulations can be delivered to the Department of Public Welfare, Division of Long Term Care Client Services, Attention: Gail Weidman, P. O. Box 2675, Harrisburg, PA 17105. Persons with a disability may use the AT&T Relay Service, (800) 654-5984 (TDD users) or (800) 654-5988 (voice users).

The proposed regulations were released by DPW on August 9, 2008. Due to an extension, DPW will receive public comments until September 15, 2008.

Update: 09/11/08:

On September 10, 2008, PALCA submitted comments on the proposed assisted living regulations to the Department of Public Welfare and the Independent Regulatory Review Commission.

Update: 09/16/08:

PALCA's comments were noted in an article, "Proposed Assisted Living Regulations Would Allow Facilities to Rent Inaccessible Rooms to Persons Who Use Wheelchairs or Walkers" (09/15/08) posted by MarketWatch, which noted that the "[c]onsumer coalition calls for quality standards to protect Pennsylvania families from inadequate regulations."

The article also noted:

Accessibility is just one weakness in the draft regulations identified by PALCA. Other areas of concern include ensuring adequate staff and administrator training, access to one's own doctor, a responsive appeals' process and sufficient residents' rights.

The House Aging and Older Adult Services Committee will hear consumers' stories on Thursday, Sept. 18 at 9:30 a.m. in room 418 in the Main Capitol Building in Harrisburg.

"Long-Term Living in PA" Website

On September 4, 2008, the Pennsylvania Office of Long-term Living "launched an updated Web site to better serve Pennsylvanians who are seeking information and resources about long term living services."

Announcement of the new website occurred in a Press Release (09/04/08) issued by the Pennsylvania Department of Aging, entitled "Pennsylvania Launches New Web Site Offering Resources To Help Meet Long Term Living Needs", which noted the revamped website named Long-Term Living in PA.

The Press Release quoted representatives of the PDA:

• "Planning to meet long term living needs -- whether for ourselves or for a loved one -- is one of the most important tasks we face, and one that can be challenging. This new Web site provides valuable information to make it easier to plan for the future," said Secretary of Aging Nora Dowd Eisenhower.
  

• "Whether you are a consumer, family member, caregiver, attendant or provider, you will have easy access to information about services and local resources on this site," said OLTL Deputy Secretary Mike Hall.
  

Sections and subsections of the new website, reachable through its broad navigational bar, address various aspects of long-term living. According to my brief review, the website:

• Provides background on long-term living
• Explains personal "needs assessment" and explores the continuum of care --- occasional to minimal to significant to maximum, whether in the home, in the community, in a residence, or in an institution
• Explains home-oriented and community-based services, including programs of the PDA
• Explores planning for long-term care -- why, when, what, who, & how, with tools
• Notes the need to help others, including caregivers, and to remain alert for elder abuse
• Identifies providers of caregiving services, and their required credentials & reports
  
• Reviews fraud and abuse potentials
• Lists consumer rights & responsibilities
• Considers payment sources, including Medicare, Medicaid, veterans' benefits, private payment, and long-term care insurance
• Lists other online resources (federal, state, helpline, & organizational)
• Updates "special initiatives" underway in PA state government
  

This new website with a separate Internet address already appears to supplement, and may eventually overshadow, the existing treatment available on the PDA's website, namely, Long-Term Care in Pennsylvania.

The new website demonstrates the commitment of the Commonwealth's Executive Branch to provide reliable information, specific to this state, about long-term care needs, options, and resources.

A Pennsylvanian should review Long-Term Living in PA first, when investigating this subject online.

Update: 09/08/08:

The Los Angeles Times published a brief "bookmark" on September 8, 2008, entitled "Plan for long-term care," which cited the national informational website on this topic:

Few people like to think about the prospect of living in a nursing home, but you're in for a financial shock if you don't plan for the possibility.

Americans typically need three years of long-term care during their lifetime, according to the National Clearinghouse for Long-Term Care Information, and it doesn't come cheap. * * *

"Genealogy Day" in PA

On September 20, 2008, in Harrisburg, PA, it will be Genealogy Day at the State Library.

On Saturday, September 20, 2008 the State Library of Pennsylvania will present the second annual Genealogy Day. This free event will bring together genealogists from throughout Pennsylvania for a day of learning and independent research.

Genealogy Day will provide an opportunity for participants to attend information sessions on various subjects. Historical societies will also be on-hand sharing their information in an exhibit area.

The State Library offers this information about the event:

• Schedule of Events for Genealogy Day (PDF, 1 page)
• Registration for Genealogy Day
• Directions to Genealogy Day
  

There is great interest in this subject as evidenced by the website of the Philadelphia Register of Wills, which offers links to genealogical resources useful to both consumers and professionals. Such links include:

• Genealogical Society of Pennsylvania
• Pennsylvania Vital Records

That Register's Office links to the expansive Pennsylvania Obituary Links Page, which catalogs far more online resources.

Welcome to your Pennsylvania obituaries directory, where you will find links and resources to find obituaries and vital records, listings of local Pennsylvania newspapers obituary sections, plus other obituary related topics. * * *

It is simple for you to locate any vital records that you need, including birth certificates as well as death records.

From Philadelphia to Pittsburgh and all points elsewhere in Pennsylvania, the data that you are seeking can be easily found with the help of this site.

The PA Obits website first lists "Statewide Historical & Genealogical Societies." Then it lists numerous links to more local cemetery records, vital records databases, newspaper obituaries, church registries, and community histories, all arranged by county in Pennsylvania:

• Adams
• Allegheny
• Armstrong
• Indiana
• Jefferson
• Juniata
  
• Lackawanna
• Lancaster
• Lawrence
• Lebanon
• Lehigh
• Luzerne
• Lycoming
• McKean
• Mercer
• Mifflin
• Monroe
• Montgomery
• Montour
• Northampton
• Northumberland
• Perry
• Philadelphia
• Pike
• Potter
• Schuylkill
• Snyder
• Somerset
• Susquehanna
• Tioga
• Union
• Venango
• Warren
• Washington
• Wayne
• Westmoreland
• York

That list is incomplete, however, since only 37 of Pennsylvania's 67 counties are listed. Surprisingly, some of the omitted counties are highly populated and technologically advanced. For example, Obit Links should list Cemetery Records - Cumberland County, PA as an online resource. Hopefully, that organization can expand its links to include the thirty unlisted counties in Pennsylvania.

Obit Links provides a targeted genealogical website for Pennsylvania, as it does for all other states.

Obitlinkspage.com was created to provide an easy to access State-by-State directory of obituaries and obituaries related resources. This site is focused on obituaries, their importance in genealogy, and finding vital records such as birth certificates, death records, divorce decrees, and marriage licenses.

Finding obituaries can be difficult and we have developed this free site to help you find the obituaries, death records, birth certificates, and marriage records you will need.

Because you should start at the city and state of the interested person when looking for obituaries and other vital records, this site is designed as a State-by-State Directory. * * *

The Pennsylvania Department of Education's State Library itself provides links for "Pennsylvania cemeteries and obituaries" on its website, along with an updated "Researchers List." See also: Cyndi's List of Genealogy Sites on the Internet; Pennsylvania Obituaries at Newspaper Obituaries on the Web; and Pennsylvania Resources at RootsWeb.

Such information can be the basis for a personal genealogical history, says Obit Links on its home page: "Obituaries are more than just death notices; they are a great way to research genealogical information about your ancestors."

Consumers curious about their ancestors (for purposes of history, health, or just plain fun), and professionals researching a decedent's "family tree," should find these resources helpful.

If you are interested in a more "up close and personal" experience in genealogy, attend the upcoming Second Annual Genealogy Day in PA from 9:00 am to 3:30 pm on Saturday, September 20, 2008. For reservations, contact Marc Bender at the State Library (717-705-6272, or marbender@state.pa.us).

"Elder Abuse" Websites Warn Personally

Publicity on the Internet is one of many reactions to alleged "elder abuse" in a family.

For relatives outraged or harmed by perceived elder abuse, the Internet now provides a free forum for stating personal experiences, and for advocating awareness & remedy in one's own style.

This was the apparent motivation for the website Steal An Estate created in June, 2007 by Eric Clayton Baxter, of New Orleans, Louisiana.

I reviewed that website critically in my EE&F Law Blog "How To . . . Steal an Estate?" (06/21/07). Contrary to the subsequent response of its author, I understood his motivation and approach. I just disagreed with the tone of his presentation, which could do more harm than good if read by a person with bad intentions. That site has not been active since June, 2007, but is found still in Internet searches.

A reader of that website now seeks publicity for his own websites that chronicle his personal experience of perceived elder exploitation.

I recently received an email message from Gary Buchan, of Florida (gasman@gbso.net), promoting his two websites chronicling exploitation of parents from his viewpoint -- www.russellbuchan.com and www.fairnessforfamilies.com.

It is difficult for families to understand how far siblings will go to satisfy to their own personal pursuit of greed and animosity.

Many of the points listed in "How to steal an estate" were warnings signs of activity occurring in our own family. The Internet was not a readily available information source when our family situation began in 1994 and the effects are still lingering today.

You are welcomed to link to my sites and discuss the reality of our family’s situation in today’s world of elder and parental abuse.

Gary sent nearly identical email messages to other organizations promoting his websites. For example, see: "Elder Abuse by Family Members" posted on Our Alzheimer's (08/24/08), sponsored by HealthCentral.

I received another unsolicited email from Shelley Kuziak, a resident of Bloomsburg (Columbia County), PA promoting her website Stop Guardian Abuse.
According to that website, NASGA stands for "National Association to Stop Guardian Abuse", which appears to be active mainly through its blog.

I do not vouch for the information on these personal websites. You must evaluate for yourself what you read.

However, for more conventional, universal, institutionally-assembled information about elder abuse, see the online resources posted by the Elder Law Clinic at Penn State - Dickinson Law School (Carlisle & State College, PA), which include:

• Federal Crime and Elder Abuse Related Agencies
• Other Crime and Elder Abuse Organizations
• Other Crime and Elder Abuse Resources