Monday, July 25, 2016
Last week, Lancaster Pennsylvania was host to the 19th Annual Elder Law Institute, co-sponsored by the Pennsylvania Bar Institute and the Pennsylvania Bar Association's Elder Law Section. As the image of the two, fat volumes of course materials demonstrates, there was a lot of content for participants to digest. More than 400 professionals attended,not counting walk-ins. (And yes, the course materials will be available for purchase eventually, from the PBI catalog here.)
I had the privilege of welcoming two new speakers to the Pennsylvania conference, Stephen J. Maag, J.D., Director of Residential Communities for LeadingAge and Brad C. Breeding, President of My LifeSite. Both speakers addressed options available for senior living, and focused on trends affecting Continuing Care Retirement Communities (CCRCs), now also known as Life Plan Communities.
Steve noted that with close to 2,000 communities across the nation identifying under the CCRC or Life Plan label, a majority are "still" nonprofit, especially in so-called "Type A" operations, but that there is clearly a trend in the direction of change to "for profit" ownership or management. Communities are coping with what he termed "unprecedented" change on many fronts, including changing consumer demographics, the impact of health care reform, and use of technology that can affect or delay timing of decisions to move into a Life Plan Community.
Brad outlined the development of his company as a site for comparative information for consumers considering CCRC or Life Plan communities. The company has a data bank with detailed, comparative information on over 400 communities, offering consumers a fee-paid option of getting side-by-side statistics on contract options, pricing, services available and more. But he also said that collecting the information is not easy, as some state regulators, including Pennsylvania, do not "share" information in a transparent way. Remember Medicare.gov's Nursing Home Compare? Brad's company is working to provide consumers with comparative information beyond that narrow focus on skilled nursing care. One of the hot topics Brad identified is the extent to which consumers can use "long-term care insurance" in the CCRC setting, and we all discussed whether such insurance should be paying a pro-rata share of entrance fees, especially in Type A life-care contracts.
My special thanks to Steve and Brad for traveling from D.C. and North Carolina, respectively, to share their knowledge and predictions.
Tuesday, July 19, 2016
Registration is now open for Stetson's 18th annual National Conference on Special Needs Planning and Special Needs Trusts (full disclosure-I'm the conference chair). The program is scheduled for October 18-20. October 18th has 2 pre-conferences, one on tax issues and one on pooled SNTs. The National Conference starts on October 19th with general sessions on both mornings and break-out sessions in the afternoons. Afternoon sessions offer 3 tracks: basics, administration and advanced. For more information, click here. Registration information is here.
Tuesday, July 12, 2016
Stetson Law (full disclosure-my school) offers a new webinar on Tuesday July 19 at noon edt. This first Hot Topics in Elder Law webinar covers the subject of nursing home resident discharge. The Right or Wrong Way? Involuntary Discharge of Nursing Home Residents is a 90 minute webinar. Here is a description about the webinar
A recent AP story suggested that "Nursing homes are increasingly evicting their most challenging residents." Nursing home owners assert that the homes are following the discharge rules and more importantly protecting vulnerable adults from violent residents. This interactive debate will feature advocates from both sides of the issue.
Moderated by Professor Roberta K. Flowers, the debate will feature Eric Carlson, directing attorney of Justice in Aging in Los Angeles, California, and Sheila Nicholson, who specializes in nursing home defense and is a partner at Quintairos, Prieto, Wood & Boyer P.A., in Tampa, Florida.
Registration information is available here.
Tuesday, July 5, 2016
Special and Supplemental Needs Trust To Be Highlighted At July 21-22 Elder Law Institute in Pennsylvania
In Pennsylvania each summer, one of the "must attend" events for elder law attorneys is the annual 2-day Elder Law Institute sponsored by the Pennsylvania Bar Institute. This year the program, in its 19th year, will take place on July 21-22. It's as much a brainstorming and strategic-thinking opportunity as it is a continuing legal education event. Every year a guest speaker highlights a "hot topic," and this year that speaker is Howard Krooks, CELA, CAP from Boca Raton, Florida. He will offer four sessions exploring Special Needs Trusts (SNTs), including an overview, drafting tips, funding rules and administration, including distributions and terminations.
Two of the most popular parts of the Institute occur at the beginning and the end, with Elder Law gurus Mariel Hazen and Rob Clofine kicking it off with their "Year in Review," covering the latest in cases, rule changes and pending developments on both a federal and state level. The solid informational bookend that closes the Institute is a candid Q & A session with officials from the Department of Human Services on how they look at legal issues affected by state Medicaid rules -- and this year that session is aptly titled "Dancing with the DHS Stars."
I admit I have missed this program -- but only twice -- and last year I felt the absence keenly, as I never quite felt "caught up" on the latest issues. So I'll be there, taking notes and even hosting a couple of sessions myself, one on the latest trends in senior housing including CCRCs, and a fun one with Dennis Pappas (and star "actor" Stan Vasiliadis) on ethics questions.
Here is a link to pricing and registration information. Just two weeks away!
July 5, 2016 in Current Affairs, Dementia/Alzheimer’s, Elder Abuse/Guardianship/Conservatorship, Estates and Trusts, Ethical Issues, Federal Statutes/Regulations, Health Care/Long Term Care, Housing, Legal Practice/Practice Management, Medicaid, Medicare, Programs/CLEs, Property Management, Social Security, State Cases, State Statutes/Regulations, Veterans | Permalink | Comments (0)
Friday, June 3, 2016
"He Died with Guns in His Closet." That's the provocative (and effective) title of an upcoming continuing legal education program (3 credits) in Pennsylvania. The half-day Pennsylvania Bar Institute program will be offered live in Pittsburgh on June 8, and both in-person (Mechanicsburg) and by webcast/simulcast on June 16. The program will address "new regulations for gun trusts that go into effect on July 13, 2016;" acquisition, possession disposition and transportation of firearms; how people become disqualified to interact with firearms; gun trusts; and the National Firearms Act's implications for trust and estate practitioners.
Last fall, I was at a statewide meeting of continuing care community residents in the Southeastern part of the US, and I admit I was startled when residents raised the topic of "what to do about guns" in their CCRCs.
Here's a link to the CLE details. My thanks to Pennsylvania practitioner and great estate planning adjunct professor Vicky Trimmer for alerting me both to the changes in the law and this upcoming program.
Tuesday, May 31, 2016
The annual American Society on Aging (ASA) conference is scheduled for March 20-24, 2017 in Chicago. The planning committee is now accepting proposals to present at the conference. For more information or to submit a proposal, click here. The deadline for submitting a proposal is June 30, 2017.
May 31, 2016 in Advance Directives/End-of-Life, Cognitive Impairment, Consumer Information, Current Affairs, Dementia/Alzheimer’s, Elder Abuse/Guardianship/Conservatorship, Health Care/Long Term Care, Programs/CLEs | Permalink | Comments (0)
Monday, May 30, 2016
The Association for Gerontology in Higher Education's (AGHE) annual conference is scheduled for March 9-12, 2016 in Miami, Florida. The call for abstracts for one of the six themes for the conference closes at noon on June 1, 2016. For more information, click here.
Monday, May 23, 2016
The Association for Gerontology in Higher Ed annual meeting is set for March 9-12, 2017 in Miami. The call for abstracts closes June 1, 2016 with the conference's theme "The Future is Here: Educating a New Generation of Professionals in Aging Worldwide." A number of tracks will be offered, including on these topics:
Curriculum and Policy Issues
Translating Research to Education and Training
Program and Curriculum Development
Diversity and Social Justice for Older Persons
More information about submitting an abstract is available here.
Wednesday, April 20, 2016
CSLSA is an organization of law schools dedicated to providing a forum for conversation and collaboration among law school academics. The CSLSA Annual Conference is an opportunity for legal scholars, especially more junior scholars, to present working papers or finished articles on any law-related topic in a relaxed and supportive setting where junior and senior scholars from various disciplines are available to comment. More mature scholars have an opportunity to test new ideas in a less formal setting than is generally available for their work. Scholars from member and nonmember schools are invited to attend.
Registration will formally open in July. Hotel rooms are already available, and more information about the CSLSA conference can be found on our website at www.cslsa.us.
Thursday, April 14, 2016
As reported in The National Jurist, Seattle University School of Law has been approved by the ABA for an LLM program in elder law. The Elder Law LLM will be "added soon," along with new LLM programs in tribal law and technology. Details include:
The elder law LL.M. will train attorneys to provide representation, advocacy, and leadership in the areas of law that impact seniors and people with disabilities. Courses will cover a wide range of legal issues, including health care coverage, age discrimination, and protection from abuse and neglect.
According to an ABA website here, other law schools with LLMs in Elder Law include (of course!) Stetson University, University of Kansas, Touro University and Western New England University. Review of the linked websites suggests to me that at Touro, the LLM program may have evolved into or merged with a resource center and research platform with the title Aging & Longevity Law Institute. I was unable to find any current information on an LLM at University of Kansas.
Friday, March 11, 2016
The abuse of older people is likely to worsen as Australia's population ages and relatively wealthy baby boomers become vulnerable to mercenary family members and carers.
The federal government is "appalled" at the extent of elder abuse and has asked the Australian Law Reform Commission to find ways to safeguard older Australians....
The article discusses the number of victims, risk factors, and perpetrators. Similar to the U.S., Australia doesn't have good data on elder abuse as far as how big a problem it is, "has to extrapolate from international research. "We say that it frequently is a form of family violence - because it happens within families - but the significant difference is that it's most often between generations," said Jenny Blakey from Seniors Rights Victoria. " The 4th annual national conference on elder abuse was held in Melbourne, Australia in late February. More information about the conference can be found here.
Tuesday, March 8, 2016
The promotional material catches your eye: "Every 67 seconds someone in the U.S. develops Alzheimer's Disease. 5.3 million Americans have the disease."
I'm seeing more programming being offered to practicing lawyers on dementia-related issues generally and specifically about Alzheimer's Disease. An example is an upcoming program (June 2016) from the Pennsylvania Bar Institute, describing a program on Alzheimer's Disease: "From diagnosis to legal documents, everything you need to counsel your client." The speakers for the day include three medical professionals, Paul J. Eslinger, PhD from Penn State Hershey Medical Center, Barry V. Rovner, M.D. from Thomas Jefferson University in Philadelphia, and Oscar L. Lopez, M.D., from University of Pittsburgh.
For more about the program, see PBI's website here.
Friday, February 26, 2016
The 2016 National Aging & Law Conference is set for October 27-28, 2016 in Alexandria, Va. Here is an excerpt from the conference announcement .
On October 27-28, 2016, the Commission on Law and Aging and the Center for Professional Development will sponsor the National Aging and Law Conference in the Washington, DC, area at the Hilton Alexandria Old Town in Alexandria, VA.
Conference attendees will enjoy:
Low registration rates and a two-day agenda to minimize travel time and costs
An expanded agenda with 4 plenary sessions and 30 workshops
A focus on core substantive legal issues affecting older Americans with the greatest economic and social needs
Programming on legal service development and delivery
High-quality written materials
A call for presentations is also included in the announcement. If you are interested in presenting, the RFP can be downloaded from here.
Friday, February 19, 2016
The 2016 Aging & Society: Sixth Interdisciplinary Conference has released a call for papers for the October 6-7, 2016 conference to be held in Sweden. The call for papers includes papers, poster presentations, workshops/interactive sessions, or colloquia on one of the four conference themes. The themes are economic and demographic perspectives, social and cultural perspectives, medical perspectives and public policy perspectives. More information is available here.
Wednesday, December 9, 2015
Last month Kaiser Health News ran a story about a global initiative on dementia. New Brain Institute Plans To Refocus Third World’s Attention On Dementia As ‘Societal Issue’ explains the launch of an institute between University of California, San Francisco and the University of Dublin that is "aimed at helping developing countries learn more about the disease and cope with the burden it places on patients, families and caregivers." Known as the Global Brain Health Institute, both universities will house the institute. Focusing initially on Latin America and parts of the Mediterranean, the goal is to train a wide variety of professionals to understand dementia including prevention and delay. The press release from UC San Francisco is available here.
Monday, December 7, 2015
During my recent visit in England, I had the fortunate experience of having lunch with Bernard Casey, Associate Professor at the Personal Social Services Research Unit at the London School of Economics and Principal Research Fellow at the University of Warwick. He has deep interest and experience as a social economist in evaluation of the economic implications of societal ageing. We could have talked for hours -- so much so that I almost missed my train from London to Leeds.
Bernard introduced me to a fascinating network of academics and policy makers with related interests, the International Long Term Care Policy Network. I encourage you to check out their website, and especially to browse the short interviews with international experts who are following long-term care system developments around the world.
Mark Your Calendars: The ILP Network is hosting its 4th International Conference on Evidence-based Policy in Long-term Care at the London School of Economics and Political Science (LSE) in London from the 4th to the 7th of September in 2016. Key themes of the conference will include: care models, case management, economics of long-term care, equity and efficiency, funding systems, health and social care integration, housing, institutional dynamics, local vs. central policy interactions, personalization of the care system, policy implications of dementia, technology and long-term care, unpaid carers, and workforce and migrant workers. More information about registration and submission of abstracts will be available in the near future.
Tuesday, November 17, 2015
The National Consumer Law Center (NCLC) has announced a free one hour webinar set for November 24, 2015 from 2-3 p.m. est. Protecting Your Bank Account from Unauthorized and Recurring Payments will cover consumers rights in protecting accounts.
The constant news about data breaches and scams targeting seniors has left people worried about their rights if an unauthorized charge is taken out of their account. Consumers also face problems when a gym, unwanted membership club or payday lender will not stop debiting the account. This webinar will cover consumers' rights to challenge unauthorized payments and to stop recurring payments.
The webinar is limited to the first 3000 registrants so don't delay. Click here to register.
Thursday, November 12, 2015
The ABA is offering a webinar on VA Pension: Income Security for Veterans and Their Family. The 90 minute webinar is scheduled for November 17th, 2015 from 1-2:30 p.m. est. The website offers the following description of the webinar
This webinar will cover eligibility of veterans and their dependents for VA pension.
Panelists will discuss how to get the best results for a client looking to obtain a VA pension. Practical pointers on obtaining the highest amount for pension will be discussed, as well as how a client can keep that amount each year. Practice tips on dealing with a VA debt—due to an overpayment issue related to a VA pension—will also be provided. This presentation will give practitioners an understanding of the law and provide practical tips on how to work within the confines of the VA.
To register, click here.
Kudos to my Stetson colleague, Stacey-Rae Simcox, one of the panelists!
On Tuesday, November 17, from 9 to 11 a.m., the National Press Club in Washington, D.C., will be the site for a fascinating mix of industry experts, government leaders and commentators interested in aging to talk about "Financing Long-Term Services and Supports." The event will spotlight a forthcoming article in the monthly journal, Health Affairs.
A forthcoming "Web First" article in Health Affairs, "Financing Long-Term Services And Supports: Options Reflect Trade-Offs For Older Americans And Federal Spending," examines how policy changes could expand insurance's role in financing these needs. The study, by authors Melissa M. Favreault, Howard Gleckman and Richard W. Johnson of the Urban Institute, contains several policy modeling options to address the long-term care financial crisis affecting millions of Americans, as well as baseline findings on the long-term care landscape. The work was funded by The SCAN Foundation, AARP, and LeadingAge.
The panel speakers scheduled to appear include:
- Bruce A. Chernof, M.D., President and CEO, The SCAN Foundation
- Melissa M. Favreault, Senior Fellow, Income and Benefits Policy Center, Urban Institute
- Richard Frank, Assistant Secretary for Policy Evaluation, US Department of Health and Human Services
- Chris Giese, Actuary, Milliman, Inc.
- Richard W. Johnson, Senior Fellow, Income and Benefits Policy Center, and Director, Program on Retirement Policy, Urban Institute
- Larry Minnix, President and CEO, LeadingAge
- Al Schmitz, Principal, Consulting Actuary, Milliman, Inc.
- Eileen Tell, Long Term Care Group
- Debra Whitman, Executive Vice President, Policy, AARP
More information on registration here. Special thanks to my Dickinson Law Colleague and health care expert, Jennifer Davis-Oliva, for the reminder of this event.
Sunday, November 1, 2015
My friend Jim Pietsch at the U. of Hawaii elder law program offers this clever annual event for elder individuals to encourage the completion of advance directives. The University of Hawai'i Elder Law Program (UHELP) at the William S. Richardson School of Law held its annual "NITE" OF THE "LIVING WILL" on October 29, 2015. Here is the description of the program from their website.
During this daylight presentation of our annual Halloween event, the University of Hawai`i Elder Law Program will present a talk about medical treatment decision-making and advance care planning to include informed consent/informed refusal, individual instructions for health care, durable powers of attorney for health care, comfort care only-DNR bracelets/necklaces and Provider Orders for Life-Sustaining Treatment (POLST).
You will have the opportunity to Decide What If? you are unable to communicate your wishes for end of life care. If you still have an old “Living Will” or if you are unsure of how end-of-life decisions will be made for you, come and find out how to make an advance directive or other documents that will help make sure your wishes regarding health care decisions are honored.
The public, especially kupuna, family caregivers, service providers, students and faculty are invited. Tea and little treats will be served. Donations to cover the cost of this hydration and nutrition accepted.
This is such a creative program and kudos to Jim for all of his work!