Federal Long-Term Care Commission
The New Year’s Day fiscal cliff deal included many provisions that are of interest to the
National Academy of Elder Law Attorneys and its members. Among changes to the
income tax and estate tax systems, the fiscal cliff deal impacts the long-term care
community. The fiscal cliff deal repealed the CLASS Act, a provision of the Affordable
Care Act that aimed to create a voluntary, federal long-term care insurance option. The
fiscal cliff deal also establishes a Commission on Long-Term Care. The deal’s creation
of this Commission represents the first time Congress has established a comprehensive
evaluation of long-term supports and services since the U.S. Bipartisan Commission on
Comprehensive Health Care (the Pepper Commission) more than twenty years ago.
The Commission on Long-Term Care is assigned with the task of developing a “plan for
the establishment, implementation, and financing of a comprehensive, coordinated, and
high-quality system that ensures the availability of long-term services and supports” for
older Americans and individuals with disabilities. It is asked to account for demographic
changes, address gaps in Federal and State infrastructure, and identify improvements to
health care programs and the workforce to ensure the delivery of high-quality services.
The Commission will investigate the interaction between Medicare, Medicaid, and
private long-term care insurance. The Commission will consist of fifteen members with
the President, Senate Majority Leader, Senate Minority Leader, Speaker of the House,
and House Minority Leader each appointing three members. This will result in nine
Democratic appointments and six Republican appointments. Members of the
Commission will represent the interests of consumers, older adults, family caregivers,
health care workers, private long-term care insurers, State insurance departments, and
state Medicaid agencies. Within six months of appointing the members, the Commission
must vote on a long-term care proposal.
At the moment, 12 of the 15 members have been named.
House Minority Leader Nancy Pelosi (D-CA):



Bruce Allen Chernof, M.D., President and CEO, The SCAN Foundation
Judith Stein, J.D., Former NAELA President; Executive Director of the Center for
Medicare Advocacy, Inc.
George Vrandenburg, Co-founder and Chair of USAgainst Alzheimer’s
Speaker John Boehner (R-OH):



Judith Brachman, a former director of the Ohio Department of Aging.
Stephen Guillard, President, Belmont Nursing Corp.; Executive Vice President
and COO of HCR ManorCare. Recent chair of the Alliance for Quality Nursing
Home Care.
Grace-Marie Turner, President and founder, Galen Institute.
Senate Majority Leader Reid (D-NV):



Javaid Anwar, M.D. internal medicine
Laphonza Butler, President of SEIU United Long-Term Care Workers union
Judith Feder, Georgetown University, professor of public policy; former Dean,
Public Policy Institute at Georgetown
Senate Minority Leader Mitch McConnell (R-KY):



Bruce Greenstein, Louisiana Health Secretary.
Neil Pruitt, Chairman and CEO of UHS-Pruitt Corporation and Chairman of the
American Health Care Association.
Mark Warshawsky, Former Treasury Assistant Secretary for Economic Policy
(President George W. Bush).