Tuesday, June 28, 2011
U.S. Department of Housing and Urban Development (HUD) in conjunction with NeighborWorks® America has announced the launch of the Emergency Homeowners’ Loan Program (EHLP). The EHLP is designed to provide mortgage payment relief to eligible homeowners experiencing a drop in income of at least 15 percent directly resulting from involuntary unemployment or underemployment due to adverse economic conditions and/or a medical emergency. Under EHLP program guidelines eligible homeowners can qualify for an interest free loan which pays a portion of their monthly mortgage for up to two years, or up to $50,000, whichever comes first. The Dodd-Frank Wall Street Reform and Consumer Protection Act provided $1 billion to HUD to implement the EHLP, and to date, the EHLP operates in 27 states across the country and Puerto Rico. Read the frequently asked questions to learn more about the EHLP.
For more information see http://nw.org/network/foreclosure/nfmcp/EHLPconsumers.asp
Monday, June 27, 2011
Positive law codification is the process of preparing and enacting, one title at a time, a revision and restatement of the general and permanent laws of the United States.
Because many of the general and permanent laws that are required to be incorporated into the United States Code are inconsistent, redundant, and obsolete, the Office of the Law Revision Counsel of the House of Representatives has been engaged in a continuing comprehensive project authorized by law to revise and codify, for enactment into positive law, each title of the Code. When this project is completed, all the titles of the Code will be legal evidence of the general and permanent laws and recourse to the numerous volumes of the United States Statutes at Large for this purpose will no longer be necessary.
Positive law codification bills prepared by the Office do not change the meaning or legal effect of a statute being revised and restated. Rather, the purpose is to remove ambiguities, contradictions, and other imperfections from the law. For more information about the process of positive law codification generally, see the brochure Positive Law Codification in the United States Code.
Current Positive Law Codification Projects of the Office
According to the GPO, "Of the 51 titles, 25 have been enacted into positive (statutory) law. These titles are 1, 3, 4, 5, 9, 10, 11, 13, 14, 17, 18, 23, 28, 31, 32, 35, 36, 37, 38, 39, 40, 41, 44, 46, 49, and 51. When a title of the Code was enacted into positive law, the text of the title became legal evidence of the law. Titles that have not been enacted into positive law are only prima facie evidence of the law. In that case, the Statutes at Large still govern."
In case you have not visited the way cool FDSys website (official source of all things digital for the federal government), DO IT NOW!
Thursday, June 23, 2011
In a continuation of the Obama Administration's effort to extend rights to same sex couples, the Centers for Medicare & Medicaid Services (CMS) issued a new State Medicaid Director Letter 11-006 (SMDL). There are currently federal protections against homelessness and financial ruin that apply to heterosexual couples. The SMDL sets out steps that states are permitted to take to extend these protections to same-sex spouses and domestic partners of individuals receiving Medicaid long-term care services. The SMDL, dated June 10, 2011, was written by Cindy Mann, Director of the Center for Medicaid, CHIP and Survey & Certification, CMS to all State Medicaid Directors. A copy is available at
The SMDL addresses provisions of Medicaid law having to do with the placement of liens against real property, the imposition of penalties for transferring assets without receiving fair market value and the recovery of property from a deceased Medicaid beneficiary's estate. It does not address provisions that allow a spouse receiving Medicaid for long-term care services to give a portion of his or her income to the non-Medicaid spouse to protect against impoverishment.
Wednesday, June 22, 2011
Webinar on June 23, 2011 (1:30 - 2:30 PM ET) - Seniors and Economic Insecurity: What Aging Service Professionals Need to Know and How They Can Help: http://www.ncoa.org/calendar-of-events/seniors-and-economic.html
1. Health Coverage Crucial to Latino Grandparent Caregivers: http://www.globalaging.org/elderrights/us/2011/Health%20Coverage.htm
2. Crosswalks Are Increasingly Deadly For The Elderly: http://www.latimes.com/news/nationworld/nation/la-na-slow-walkers-20110612,0,2669866.story
3. Preparing For a Groundswell of Elderly People With Mental Illness: http://www.latimes.com/health/boostershots/la-lab-mental-illness-elderly-20110516,0,7266506.story
4. Upside Down - Why Millennials Can’t Start Their Careers and Baby Boomers Can’t End Theirs: http://www.nationaljournal.com/columns/political-connections/our-upside-down-workforce-20110609
5. Americans Have Shorter Lives: http://www.huffingtonpost.com/2011/06/15/life-expectancy-us-counties_n_877647.html
6. Assisted Living or a Nursing Home? http://newoldage.blogs.nytimes.com/2011/06/10/assisted-living-or-a-nursing-home/
7. The Missing Link in Your Estate Plan: http://blogs.smartmoney.com/encore/2011/06/09/the-“missing-link”-in-your-estate-plan-may-leave-heirs-in-the-dark/?cid=1260
8. No Medicare until 67? http://money.msn.com/retirement/article.aspx?post=e2c536ab-292c-456b-b78a-11fc4dfdb804>1=33013
9. AARP Launches Second Ad To Fight GOP Medicare Plan: http://www.huffingtonpost.com/2011/06/16/aarp-second-ad-republican-medicare_n_877944.html
10. AARP Willing To Negotiate On Social Security Retirement Age: http://www.huffingtonpost.com/2011/06/17/aarp-social-security_n_878966.html
Gonzaga University School of Law
WEBSITE OF THE AALS SECTION ON AGING AND THE LAW:
Thursday, June 16, 2011
Film “How to Die in Oregon” on HBO this month. http://www.hbo.com/#/schedule/detail/focusId/706689?startTime=2011-06-16T04:15:52Z&cmpid=ABC464. The movie is about Oregon’s Death with Dignity law - http://www.imdb.com/title/tt1715802/
For a critical commentary on the movie, see: http://www.washingtonpost.com/blogs/guest-voices/post/how-to-die-in-oregon--or-how-to-sidestep-hard-questions/2011/05/27/AGJJPiCH_blog.html. For another review, see: http://www.nytimes.com/2011/01/25/movies/25sundance.html
ABA Live Webinar and Teleconference on June 28, 2011 - Ethical Issues in Elder Law: Getting It Right
1. The MetLife Study of Elder Financial Abuse: http://www.metlife.com/assets/cao/mmi/publications/studies/2011/mmi-elder-financial-abuse.pdf
2. Opening Statement of Senator Herb Kohl Special Committee on Aging Hearing – “Justice for All: Ending Elder Abuse, Neglect and Financial Exploitation”: http://aging.senate.gov/events/hr230hk.pdf
3. Pamphlet - Protecting the Elderly from Financial Abuse: http://www.aba.com/aba/documents/statementstuffersamples/ElderAbuse.pdf
4. Forgetfulness About Paperwork, Medicines Might Herald Cognitive Decline: http://consumer.healthday.com/Article.asp?AID=653566
5. Weight-Loss Surgery May Lower Risk of Alzheimer's in Diabetics: http://consumer.healthday.com/Article.asp?AID=653531
6. Law on End-of-Life Care Rankles Doctors: http://www.nytimes.com/2011/06/07/health/07brody.html?src=recg
7. Escape From the Hospital Bed: http://newoldage.blogs.nytimes.com/
8. Low-Income Americans Will Need To Regularly Work Into Their Eighties - Study: http://www.huffingtonpost.com/2011/06/10/seniors-may-have-to-wait-until-their-80s_n_874867.html
9. Mean Girls in Assisted Living: http://newoldage.blogs.nytimes.com/2011/05/31/mean-girls-in-the-nursing-home/
10. HIV Statistics and Targets Exclude Older People – Putting Millions of People at Risk: http://www.globalaging.org/health/world/2011/Sstaistics%20and%20targets.html
11. When Advance Directives Are Not Honored, and How to Get Data on Medical Prices: http://www.latimes.com/health/la-he-health-411-20110613,0,62844.story
Gonzaga University School of Law
WEBSITE OF THE AALS SECTION ON AGING AND THE LAW:
New Mexico Legal Aid (NMLA) is seeking an Executive Director to lead this high quality nonprofit legal services organization which seeks to secure justice for the migrant, Native American and low income populations throughout New Mexico. NMLA’s next Executive Director will facilitate and assist in the creation and implementation of a vision to bring NMLA to its next stage of development in advocacy, fiscal stability and collaboration with client communities and legal aid partners throughout the state.
Wednesday, June 15, 2011
Ethical Issues in Elder Law:
Getting It Right
Date: Tuesday, June 28, 2011
Format: Live Webinar and Teleconference
Duration: 90 minutes
1:00 PM-2:30 PM Eastern 12:00 PM-1:30 PM Central
11:00 AM-12:30 PM Mountain 10:00 AM-11:30 AM Pacific
Difficult professional ethical issues arise frequently in providing legal services to older clients, especially because of the complex interplay of family involvement, challenges of diminished capacity, and fiduciary arrangements. Through the use of video vignettes, this program will enable attendees to recognize and respond appropriately to questions of who is the client, potential conflicts of interest, diminished capacity, justification for protective actions, and selected fiduciary dilemmas
Professor David English (Moderator), University of Missouri Columbia Law School, Columbia, MO
Professor Rebecca Morgan, Stetson University College of Law, Gulfport, FL
Charles Sabatino, Director, ABA Commission on Law and Aging, Washington DC
1.5 hours of CLE ethics credit in 60-minute states/1.8 hours of CLE ethics credit in 50-minute states have been requested in states accrediting ABA live webinars and teleconferences.*
The following U.S. states and territories generally accept ABA live webinars and teleconferences for CLE credit: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Florida, Georgia, Guam, Hawaii, Idaho, Illinois, Iowa, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Mexico, New York,* North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming.
States currently not accrediting ABA live webinars and teleconferences: Delaware, Indiana, Kansas, Nebraska, New Jersey, Ohio, and Pennsylvania.
* NY-licensed attorneys: This non-transitional CLE program is approved for experienced NY attorneys in accordance with the requirements of the New York State CLE Board for 1.5 total NY CLE ethics credits. Newly admitted attorneys may not earn NY credit for this non-transitional CLE program.
Each state has its own rules and regulations indicating what qualifies for CLE credit. Certain programs and subjects may not receive general credit or specialty credit (i.e., ethics credit) in some states and there may be specific rules regarding who may earn credit with specific formats or the maximum number of credit hours that may be earned with specific formats.
Click here to view additional MCLE information for your jurisdiction.
Register by Phone
Monday - Friday
8:30 AM - 6:00 PM Eastern
Event Code: cet1eeg
Register by Mail
Please allow a minimum of two weeks for delivery and processing
$95 Commission on Law and Aging Members, Center for Professional Responsibility, Section of Family Law Members, Health Law Section Members, General Practice, Solo and Small Firm Division Members, Section of Individual Rights and Responsibilities Members, Senior Lawyers Division Members, Young Lawyers Division
$150 ABA Members
$185 General Public
$99 Government Attorneys (includes non-profit legal aid staff)
Friday, June 10, 2011
MEMBER NEWS: Professor Richard Kaplan (University of Illinois College of Law) has recently published an article entitled Supreme Court CIGNA Ruling Allows Workers to Reverse Harmful Pension Changes – available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1856582
WORLD ELDER ABUSE AWARENESS DAY is June 15, 2011. On Friday, June 17, the 6th Annual International Network for the Prevention of Elder Abuse International Commemoration of World Elder Abuse Awareness Day Forum will be held in London. The program is available at: http://www.inpea.net/images/WEAAD2011_London_Conference.pdf
1. Enhancing Use of Clinical Preventive Services Among Older Adults - Closing the Gap: http://www.cdc.gov/features/PreventiveServices/Clinical_Preventive_Services_Closing_the_Gap_Report.pdf
2. Medicare Plan for Payments Irks Hospitals: http://www.nytimes.com/2011/05/31/health/policy/31hospital.html
3. Are Senior Citizens Being Overmedicated? http://thechart.blogs.cnn.com/2011/06/03/are-senior-citizens-being-overmedicated/
4. Good News, and Bad, About Community Services: http://newoldage.blogs.nytimes.com/2011/06/03/good-news-and-bad-on-community-services/#more-9227
5. Seniors May Swing 2012 Vote on Medicare Revolt: http://news.yahoo.com/s/nm/20110602/hl_nm/us_usa_campaign_medicare
6. How Divorce Can Help Your Retirement: http://money.usnews.com/money/blogs/On-Retirement/2011/06/01/how-divorce-can-help-your-retirement
7. The Problem With Living Too Long: http://www.globalaging.org/elderrights/us/2011/The%20Problem.pdf
8. Vouchercare Is Not Medicare: http://www.nytimes.com/2011/06/06/opinion/06krugman.html?_r=2&ref=todayspaper
9. Care and Oversight of Assisted Living in New York State: http://www.assisted-living411.org/documents/ASSISTEDLIVINGFINALREPORT.pdf
10. Older People and HIV: http://www.globalaging.org/health/us/2011/Older%20people.pdf
Thursday, June 9, 2011
MEMBER NEWS: Associate Professor Nina Kohn (Syracuse University College of Law) has recently published an article entitled The Lawyer’s Role in Fostering an Elder Rights Movement, in the William Mitchell Law Review, Vol. 37 – available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1850668
1. Our Irrational Fear of Forgetting: http://www.globalaging.org/health/us/2011/U.S%20Alzheimers.htm
2. Boomer Bust 2011: Still Unprepared and Unaware: http://www.voa.org/Boomer-Bust-2011
3. When Demented Patients Receive Feeding Tubes: http://newoldage.blogs.nytimes.com/2011/05/09/feeding-tube-decisions-often-made-in-haste/#more-8917
4. Medicare Becomes Political Hot Potato: http://www.aarp.org/politics-society/government-elections/info-05-2011/medicare-political-campaign-issue.html
5. Memo To GOP: Cutting Medicaid Is Unpopular, Too: http://www.npr.org/blogs/health/2011/05/26/136689308/memo-to-gop-cutting-medicaid-is-unpopular-too?ps=sh_sthdl
6. Squandering Medicare's Money: http://www.globalaging.org/health/us/2011/Squandering.htm
7. Elderly Drivers Fail a Test: http://newoldage.blogs.nytimes.com/2011/05/27/elderly-drivers-fail-a-test/#more-9159
8. My Solution to the Driving Problem: Vandalism: http://newoldage.blogs.nytimes.com/2011/05/16/my-solution-to-the-driving-problem-vandalism/#more-9005
9. Book Review: You're Looking Very Well by Lewis Wolpert: http://www.guardian.co.uk/books/2011/may/01/looking-very-well-lewis-wolpert-review
10. World: Social Protection: From Handouts to Social Justice: http://www.globalaging.org/pension/world/2011/Social%20Protection.htm
Wednesday, June 8, 2011
Dick "the Rock Star" Kaplan has recently published an article on the Supreme Court's recent (really recent-5/16/22) decision in Cigna v. Amara. Check it out on SSRN:
BNA DAILY REPORT FOR EXECUTIVES, pp. B1-B2, June 1, 2011
Illinois Program in Law, Behavior and Social Science Paper No. LBSS11-24
This brief article discusses the recent Supreme Court decision in CIGNA v. Amara. That case held that ERISA authorizes a court to reform a pension plan that an employer had changed so that employees receive the benefits they had been promised. The article considers the key implications of this decision for employees and employers, focusing on relevant communications of the employer and the applicable standard of proof.