Medicaid and “The Granny’s Lawyer Goes to Jail” Law: Questioning the Criminalization of Attorney’s Advice-Reference-Cited by-同舟云学术

Medicaid and “The Granny’s Lawyer Goes to Jail” Law: Questioning the Criminalization of Attorney’s Advice

Published:2003-03 Issue:1 Volume:14 Page:96-105
ISSN:0887-4034
Container-title:Criminal Justice Policy Review
language:en
Short-container-title:Criminal Justice Policy Review

Author:

Miller J. Mitchell¹,Shutt J. Eagle¹,Miller J. Matthew²

Affiliation:

1. University of South Carolina

2. Law Firm of Baston, Nolan, Brice, Williamson & Girsky

Abstract

This sociolegal study examines the propriety of Congress’s criminalization of paid legal advice that facilitates Medicaid eligibility. Congress’s response to the Medicaid funding crisis is first placed in its historical context. It is argued that criminal penalties for such advice are inadvisable due to inherent ethical conflicts for attorneys, as well as enforcement difficulties. Moreover, criminal penalties do not offer a genuine solution to the systemic problems of long-term elder care.

Publisher

SAGE Publications

Subject

Law

Link

http://journals.sagepub.com/doi/pdf/10.1177/0887403402250921

Reference8 articles.

1. Flower, D. C. (1995). State discretion in funding organ transplants under the Medicaid program: Interpretive guidelines in determining the scope of mandated coverage. Minnesota Law Review, 79, 1233.

2. Hubbard, K. (1995). The Medicaid costs crisis: Are there solutions to the financial problems facing middle-class Americans who require long term health care? Cleveland State Law Review, 43, 627-653.

3. Joire, L. S. (1999). After New York State Bar Association v. Reno: Ethical problems in limiting Medicaid estate planning. Georgetown Journal of Legal Ethics, 12, 789-814.

4. Manski, R. A. (1996). Medicaid, managed care, and America’s health safety net. Journal of Law, Medicine & Ethics, 25, 30-33.

5. Margolis, H. S. (1996). Congress criminalizes asset transfers. Elder Law Report, 8(2), 1.