New Drivers License Identification Requirements from DMV

Please note: Due to increased security and information requirements for the REAL ID Act of 2005, all new driver's licenses, license renewals, and ID cards must now have the applicant's full legal name. If your current driver's license has your middle initial only, you will need to bring a certified birth certificate or passport with you to DMV the next time you renew your license so the change can be made. If you have a different name than what is listed on your birth certificate, due to marriage or other circumstances, you may need to bring additional documentation, which may include a certified marriage certificate.

If you choose to have your full name put on your license before your renewal notice has been sent in the mail, DMV will not charge you for the cost of the new license.

NEW Drivers Licensing Requirements from DMV
Effective January 3, 2012, you will be required to bring in the documentation outlined below.
Current unexpired Licenses and ID cards are still valid and will continue to be until their expiration. All Licenses issued after January 3, 2012 will fall under the requirements and guidelines outlined below.

You must have one (1) Proof of Identity:
U.S. Birth Certificate: An original or certified copy of a United States-issued birth certificate (U.S. Department of State and U.S. Military birth certificates ARE acceptable. Hospital birth certificates are NOT acceptable
Valid unexpired U.S. Passport
If foreign born, valid, unexpired Department of Homeland Security (DHS) Documents

You must have one (1) Proof of Social Security Number:
Original Social Security Card
Wage and Tax Statement (W-2) or payroll stub with the applicant’s employer name and employer ID number, as well as the applicant’s name, address, and Social Security Number
SSA/1099 Form (Social Security Benefit Form)

Please make sure your Social Security records reflect your full legal name, as reflected on your other documents. DMV must be able to establish a name connection between documents, therefore your full legal name must match your name on file with the Social Security Administration. Your documents will be scanned and returned to you, which will provide DMV with a historical record, and provide you with additional protection.

You must have two (2) forms of Proof of WV Residency Documents:
WV utility bills (not more than 60 days old)
Tax records with a WV street address
WV mortgage documents, WV homeowner insurance documents for a WV residence or proof of WV home ownership
WV W-2 form not more than 18 months old
WV weapons permit
A Valid WV Motor Vehicles registration card
WV voter’s registration card
WV driver’s eligibility certificate (School Enrollment Form) if applicant is under age 18 with the applicant’s WV street address
WV Homestead Tax exemption
Proof of WV Public Assistance
Residential rental or lease agreement
WV DMV Affidavit of West Virginia Residency
*Be advised that Post Office Box addresses cannot be used as proof of WV Residency.

Assistive Technology Funding Opportunity

PATHS, the Partnerships in Assistive TecHnologieS, is a non-profit group dedicated to increasing awareness about and access to assistive technology (AT). Many people need AT, but affording devices can be difficult for some people. PATHS is offering two $550.00 awards to qualified individuals to purchase the AT they need. Any age and disability may apply. You (or a family member) must need AT to help foster independence at home, school or work. You must have NO OTHER funding sources to buy the devices. Applications must be postmarked by March 1, 2012. You can find the application here.

2012 tax deduction limits for LTC insurance premiums

Unreimbursed long-term care insurance premiums can be tax deductible. The premium must be for a qualified policy, which must have been issued no earlier than 1/1/97 (though previously-issued policies can be grandfathered by the state insurance commissioner), and must have had inflation and non-forfeiture protection as an option at purchase. The maximum amount deductible for qualified policy premiums depends on your age. Here are the limits for 2012: For those age 40 or under: $350 >40 but <50: $660 >50 but <60: $1,310 >60 but <70: $3,500 >70: $4,370

Medicare adds coverage for obesity prevention

The federal Centers for Medicare & Medicaid Services (CMS) announced on 11/29/11 that Medicare is adding coverage for preventive services to reduce obesity. This adds to Medicare’s existing portfolio of preventive services that are now available without cost sharing under the Affordable Care Act.

“Obesity is a challenge faced by Americans of all ages, and prevention is crucial for the management and elimination of obesity in our country,” said CMS Administrator Donald M. Berwick, MD. “It’s important for Medicare patients to enjoy access to appropriate screening and preventive services.”

Over 30% of both men and women in the Medicare population are estimated to be obese. Obesity is directly or indirectly associated with many chronic diseases, including those that disproportionately affect racial and ethnic minorities such as cardiovascular disease and diabetes. Addressing the prevention of obesity related disparities has the potential to reduce obesity prevalence while also closing the gap on health disparities among Medicare beneficiaries.

Screening for obesity and counseling for eligible beneficiaries by primary care providers in settings such as physicians’ offices are covered under this new benefit.

While public health professionals applaud CMS for a policy change that attempts to get at the root of obesity-related disease, some are concerned that primary care providers are not well qualified to effectively offer this counseling. Recent studies show that over 70% of primary care physicians have no training in weight-related issues. Obesity specialists also suggest that the benefit is too short-term to effective long-term change in the health patterns of older obese people who often have a long history of unhealthy habits.

The particulars of the new benefit include: For a beneficiary who screens positive for obesity with a body mass index (BMI) ≥ 30 kg/m2, the benefit would include one face-to-face counseling visit each week for one month and one face-to-face counseling visit every other week for an additional five months. The beneficiary may receive one face-to-face counseling visit every month for an additional six months (for a total of 12 months of counseling) if he or she has achieved a weight reduction of at least 6.6 pounds (or 3 kilograms) during the first six months of counseling.

Today is World AIDS Day

HIV/AIDS may not seem like an issue for older West Virginians to worry about. But it is.

According to the most recent CDC data, people over the age of 50 accounted for: • 17 percent of new HIV diagnoses in 40 states with long-term confidential name-based reporting; and • 31 percent of persons living with an HIV diagnosis;

Many people mistakenly assume that older Americans are not sexually active and therefore not at risk for HIV infection. This is not the case. A 2007 national survey of Americans ages 57 to 85 found that the majority of older Americans are sexually active. This is particularly true for healthy older Americans.

Older people may also be less educated and aware of HIV/AIDS issues than young people who have grown up since the early 1980's, and may not take steps to protect themselves.

Older people also may mistake the early symptoms of AIDS for the aches and pains of normal aging and neglect to get tested for HIV, or they may feel ashamed or afraid of being tested. They may not feel comfortable talking to their doctors about sexually transmitted disease.

But older people are no more immune to HIV/AIDS than anyone else.

Older people can help each other by talking about HIV/AIDS, encouraging prevention and testing, and ensuring an environment where people of all ages with HIV/AIDS are treated with compassion, not discrimination.

WV Legislature's Joint Marcellus Committee streams live Sunday morning

Release Date: 11/08/2011
Contact: Stacey Ruckle, (304) 340-3365
Joint Select Committee on Marcellus Shale

Legislature’s Marcellus Committee to Meet Sunday

CHARLESTON – The Legislature’s Joint Select Committee on Marcellus Shale will meet Sunday morning to continue work on amendments to proposed legislation intended to encourage efficient development of the resource while addressing local and environmental concerns.

The meeting is scheduled for 9:30 a.m. Sunday, Nov. 13, in the Senate Judiciary Room.

Committee members have received input from all perspectives, using as a starting point Senate legislation that was under consideration in the House at the end of the regular session. Links to that legislation, summaries prepared by a committee attorney, previously adopted amendments and pending amendments are available on the Legislature’s main web page at www.legis.state.wv.us.

There is also a link to the Legislature’s Live Page ( http://www.legis.state.wv.us/live.cfm ), which will stream audio of the meeting.

Call in for free advice to avoid investment fraud 11/10/11

Protecting Americans from Financial Abuse - Toll Free Nationwide Call-In Service on November 10th

Kiplinger, along with several national organizations, is holding a toll free, nationwide call-in service on Tuesday, November 10th from 9:00 am to 6:00 pm ET. The service, entitled Protecting Americans from Financial Abuse, will provide free advice and guidance on how to protect yourself and your loved ones against investment swindles and financial abuse. Members of the Financial Planning Association, National Adult Protective Services Association and health care professionals will answer your questions.

Use the following phone numbers for questions on specific topics:
General Finance Questions: 888-227-1776
Medical Questions: 888-303-0430
Financial Abuse Questions: 888-303-3297

For more information about the event, visit the Investor Protection Trust' s website http://wfc2.wiredforchange.com/dia/track.jsp?v=2&c=JvDFdgIXZxzTwbOzwsWySX0oclWCFHtD and a 2 page pdf of a flyer about the event here www.investorprotection.org/downloads/pdf/learn/Prevent_Elder_Fraud_Call-In_Flyer.pdf

How to create a Volunteer Guardianship Monitoring program

At the West Virginia Access to Justice Commission public forum held at the law school in Morgantown on November 1 several citizens spoke about problems with adult guardianship in West Virginia. The issues identified included lack of relevant disability training required (or even offered) for attorneys appointed to defend against guardianship, failure of judges to tailor guardianship orders to the specific needs and capacities of the individual protected person, lack of oversight to keep guardians and conservators from abusing their authority, and lack of adequate resources in Adult Protective Services and the Sheriff's offices who are the guardians and conservators of last resort.

The American Bar Association (ABA) has developed a model project that might address some of these concerns. "Guardianship monitoring helps courts to manage risks, prevent abuse, and increase public confidence in the judicial system. Using trained and supervised volunteers extends the monitoring capacity of the court."

Materials including a program coordinator's handbook, a trainer's handbook, and volunteer handbook, and a multitude of forms and recruitment materials are available for free download at www.americanbar.org/groups/law_aging/resources/guardianship_law_practice/court_volunteer_guardianshipmonitoring.html

National Adult Protective Services Resource Center to be created

The first National Adult Protective Services (APS) Resource Center will be established by the National Adult Protective Services Association (NAPSA) through a grant awarded by the US Administration on Aging (AoA). The goal of the Center is to provide state and local Adult Protective Services Programs with with current, accurate, research-based information and assistance to improve their capacity to provide effective protective services to vulnerable and elder adult abuse victims. Adult Protective Services (APS) are established by law in every state to receive, investigate and respond to reports of physical and sexual abuse, caregiver and self-neglect, and financial exploitation of older persons and of younger adults with severe disabilities.

"Cases of adult abuse, including rape, serious physical violence and extreme neglect, where victims are left to lie in their own waste without adequate food or water, are skyrocketing. Financial abuse cases, which may involve the theft of hundreds of thousands of dollars, are increasing especially rapidly. Most APS victims have dementia or other significant disabilities and need protection and services. This new National APS Resource Center will provide state and local APS programs with the tools and information they need to respond effectively during this time of diminishing resources," said Kathleen Quinn, NAPSA's Executive Director. The objectives in establishing the National Adult Protective Services Resource Center are to: 1. Identify evidence-based best practices for APS programs and interventions; 2. Establish national baseline data on "state of APS" in 2012; 3. Identify and promote the evaluation of novel, but unevaluated, APS promising practices; 4. Compile and synthesize research that informs APS programming and interventions; 5. Provide specific and targeted technical assistance to state and local APS programs to facilitate the implementation of identified best practices and research findings.

Project activities will include the creation of an APS Resource Center webpage, Facebook page and Twitter account; comprehensive reports based on surveys of APS programs, applicable research and innovative practices; research and training webinars, a monthly newsletter, an APS-specific listserv and information packets. The National Adult Protective Services Association (NAPSA) was awarded $199,956 for the first year; the grant time frame is three years.

NAPSA's partners in the APS Resource Center are:• National Association of States United for Aging and Disabilities (NASUAD); • National Council on Crime and Delinquency (NCCD); • American Public Human Services Association (APHSA); • National Committee for the Prevention of Elder Abuse (NCPEA); • Catholic University's School of Social Service's Center on Global Aging; • Women's Institute for a Secure Retirement (WISER); and • San Diego State University's Project MASTER in the Academy for Professional Excellence.Health Benefits ABC's will evaluate the project. Kathleen Quinn will be the Center's Director and Andrew Capehart of Ohio and NAPSA will be the Assistant Director.

ABOUT NAPSA: The National Adult Protective Services Association is a 700+ membership organization which represents state and local Adult Protective Services (APS) programs and professionals, and which serves as the national voice of vulnerable adult victims of abuse, neglect and exploitation. NAPSA hosts the only national conference on elder abuse, abuse of adults with disabilities and APS, as well as the National Summit on Elder Financial Exploitation. NAPSA provides other training and services to its members as well and participates in national policy efforts to address elder and vulnerable adult abuse. For more information: www.apsnetwork.orgContact: Kathleen Quinn, Executive Director, NAPSAkathleen.quinn@apsnetwork.org 202-558-4850

Medicare Part D Open Enrollment Starts Tomorrow!

This year the Medicare Part D Prescription Drug open enrollment period starts and ends early, and is one week longer than it has been since it began in 2006. Open enrollment in 2011 is from October 15 through December 7 and your new plan election coverage will begin January 1, 2012.

Open enrollment is the annual period during which Medicare beneficiaries can choose to change to a new prescription drug plan or enroll in a plan for the first time if they have been eligible to enroll previously but chose not to. Unlike Medicare Parts A and B there is no public option for prescription drug coverage, you must choose from the numerous private prescription drug plans available under Part D.

By "numerous" I mean 36 plans available for West Virginians (and Pennsylvanians, who are also in our prescription drug plan region). This is a substantial decrease from the first years when over 80 plans were available, but a small decrease from last year, when we had 38 plans from which to choose. Half those plans this year have $0 deductible. The lowest premium is $15.10, the highest is $115.60. Two-thirds of the available plans in WV still have a donut hole (a point where you have no coverage at all after reaching a certain out-of-pocket outlay for the year).

Overall nationwide plan formularies (lists of covered drugs) seem to have largely stabilized, unlike the significant reductions in coverages we saw over the first several years of Part D. There have also been few changes regarding restrictions to coverage (for example requirements that the patient first try a cheaper drug before getting approved for coverage for a more expensive drug) this year compared to last year.

Low-income subsidies (commonly referred to as "LIS" or "Extra Help") are still available for those who qualify according to income and assets. LIS can cover premiums, deductibles, co-pays, and eliminate coverage gaps, depending on which subsidy you qualify for. Some beneficiaries are automatically qualified and enrolled in LIS, including those who are also beneficiaries of some form of Medicaid including QMB, SLMB and others. People who do not already receive Medicaid may still be eligible for LIS but may have to apply to be enrolled.

Any beneficiary who receives a notice about Medicare Part D extra help, especially a letter that is on colored paper, may have his or her benefits reduced or terminated if he or she does not respond.

Overall most Medicaid beneficiaries will benefit from the earlier and slightly longer open enrollment period, the stabilizing of plan options, formularies, and gap coverage, and the relatively low increase in average premiums this year.

As always the only practical way to compare and determine which plan is best for you is to use the Planfinder on Medicare.gov. The best source of assistance for West Virginians in choosing a plan, understanding a notice about Medicare benefits, or solving a problem related to Medicare Part D coverage is your local SHIP counselor who is housed in your county senior program. You can get contact information for your SHIP counselor at www.wvship.org.

Elder abuse prevention lawyer wins Genius Grant

The John D. and Katherine T. MacArthur Foundation awards $500,000 Fellowships each year to each of around 20 individuals who "show exceptional merit and promise for continued and enhanced creative work." Since they began in 1981 MacArthur Fellowships, commonly known as "Genius Awards," have been given to outstanding individuals working in a variety of fields including artists, scientists, philosophers, writers, historians, filmmakers, and a few civil rights and human rights lawyers.

This year for the first time an Elder Rights attorney has been awarded a MacArthur Fellowship. Maria-Therese Connolly, a scholar, policy advocate, and lawyer, has worked tirelessly to address elderabuse and financial exploitation of older Americans throughout her career. She has worked for the US Department of Justice combatting fraud, headed up the Clinton administration's Elder Justice and Nursing Home Initiative, and architected the Elder Justice Act, the first federal legislation devoted to the prevention, detection, and prosecution of elder abuse, neglect, and exploitation.

By choosing an advocate against elderabuse to win this prestigious award the MacArthur Foundation adds to the voices of aging advocates everywhere saying that freedom from elderabuse is a vital civil right.

Medicare Open Enrollment Oct 15 - Dec 7

Your local SHIP counselor is probably happy that Medicare has moved open enrollment to begin and end earlier starting this year, though it's also a little longer. Every year changes are made in virtually every Medicare Part D prescription drug plan, and your prescription drug needs may have changed, too. Every Medicare beneficiary should review the changes and reconsider options every year before the end of open enrollment ends and the opportunity to change plans ends until next year.

Starting this year open enrollment begins October 15 and ends December 7. This is the time any Medicare beneficiary may change plans without penalty or coverage interruption, and your new plan choice becomes effective January 1.

West Virginia Medicare beneficiaries can get help reviewing options from local SHIP (State Health Insurance Assistance Program) counselors at county senior centers. You can compare your current coverage with other available plans yourself at www.medicare.gov/find-a-plan.

WV Access to Justice Commission holds public forums throughout state

The US and WV Constitutions promote "justice for all." But we know that it is easier for some West Virginians to get justice than others. The WV Supreme Court created the Access to Justice Commission to identify and take down barriers to justice in our state, to make good on the promise of justice for all, not just those with money, power, and influence.

The Commission is hosting a series of public forums in 6 cities across the state to solicit input from the public.

What barriers exist for older people and people with disabilities in our state justice system? What barriers exist for minorities? For LGBT individuals?

Please come one, come all, and take this opportunity to talk to the Commission about what you know about barriers to justice in WV. The first public forum is in Beckley at Tamarack on Tuesday evening 8/16 from 6p to 7:30p. Other forums will be held:

- Aug. 29, Martinsburg
- Sept. 12, Huntington
- Sept. 26, Wheeling
- Nov. 1, Morgantown
- Nov. 15, Charleston

Special thanks to Pikewood Creative for this message below from WV Supreme Court Justice Benjamin:

an adult child caregiver's perspective

I stumbled across a blog today that I suspect many in the aging services world would find interesting. "Life With Father" is a journal about one man's view of taking care of his 89-yr old father. It's not candy-coated, something I think we can all appreciate. He talks about the minutiae of daily living as well as some of the more philosophical thoughts he has about how much of this is a preview for his own aging future. I find it refreshingly real. http://midlifemidcape.wordpress.com/

WVAG wins judgment against BlueHippo

The West Virginia Attorney General's Consumer Protection division has won another case against a company who scammed numerous West Virginians. A Kanawha County Circuit Court judge ordered that BlueHippo is enjoined from doing business in WV, voided all existing contracts with WV residents, and cancelled all consumer debts under all those contracts.

You may remember the TV commercial campaign from BlueHippo several years ago offering a new state-of-the-art brand-name computer plus monitor and other free accessories on a payment plan to anyone who had a checking account. The commercials didn't disclose the many onerous hidden terms of the contract that buyers would be required to sign, including their no-refund policy. Many consumers never even got the computers they were charged for.

Any WV resident who owed an outstanding debt under one of these contracts can now breathe easier, those debts are all cancelled and uncollectible. Anyone who receives an attempt to collect on these debts should contact the WV Attorney General's office at 1-800-368-8808.

Surviving Credit Card Debt free workshop in Charleston

The State Law Library will hold a free informational workshop on "Surviving Credit Card Debt" at 10 a.m. Saturday, June 25.

Education Librarian Sara Thompson will explain how to order, review, and understand a credit report, correct misinformation contained in the report, deal with debt collection calls, and write effective letters to creditors. The first 10 people to register will receive a free 88-page workbook with CD-ROM published by the National Consumer Law Center.

The State Law Library is located in the East Wing of the Capitol, Room E-404. Metered parking is available on California Avenue and is free on Saturdays.

The session is free and open to the public, but seating is limited and registration is required. Call the State Law Library at 304-558-2607.

Today is World Elderabuse Awareness Day

There will be a public rally on the north side of state capitol today from 1p to 3p. US Attorney for the Southern District of WV Booth Goodwin will be the keynote speaker.

There will be events held all over the country and all over the world today recognizing that no senior deserves to be abused, neglected, or exploited.

SSA Announces Policy Change on Probation/Parole Warrants

Following decisions in a Second Circuit appeal and to certify a class in a New York district court suit the Social Security Administration (SSA) has issued instructions stating effective immediately it will no longer stop or deny SS/SSI benefits based solely on probation or parole violation warrants.

SSA issued this Emergency Message EM-11032 on 5/9/2011 to field offices and ALJ's explaining the new policy https://secure.ssa.gov/apps10/public/reference.nsf/links/05092011035242PM

According to Gerald McIntyre at the National Senior Citizens Law Center (NSCLC) "all cases at any stage of the administrative appeals process must be decided based on these new instructions." The court has not yet determined what relief it will order for the class members in Clark v. Astrue.

Aged and Disabled Medicaid Waiver manual public comment period ends June 30, 2011

The Aged and Disabled Waiver (ADW) draft policy manual is now available for public comment. The manual may be found at http://www.dhhr.wv.gov/bms/news/Documents/110518Chapter_501_ADW_30.pdf . (It's 42 pages, scroll down through the first page to get to the Table of Contents.) All comments are to be sent to DHHR.BMS.Comments@wv.gov. Comments must be submitted by midnight June 30, 2011.

Elder Court in California

In Contra Costa County California cases involving harm to a senior get heard in a specialized Elder Court. The project brings together a wide variety of partners to help seniors get access to justice in ways that respond directly to their unique needs. The partners include senior peer counselors (who provide help and reassurance before and after court), legal self-help support, geriatricians from the local university, pro bono project, senior legal services, elder mediation, and follow up.

Elder Court handles a variety of casetypes, too. Criminal cases, conservatorships, financial abuse, physical abuse, civil cases, restraining orders, small claims, and more. Some types of cases are automatically docketed in Elder Court, others are referred by other judges or other lawyers.

The Court is in session every Tuesday. "The judges are specially trained, too, in cognitive functioning, aging, and elder abuse. It sharpens their insight."

Read an interview with an Elder Court judge at http://cclawyer.cccba.org/2011/03/the-elder-court-interview-with-judge-joyce-cram/.