New book "Delivering Legal Services to Low-income People"

Wayne Moore, pioneer of senior legal hotlines and 30 year veteran of aging and law, has written a book offering a comprehensive vision of an effective, efficient legal services system.

"Delivering Legal Services to Low-income People" is available from Amazon for $89.99.

Access to justice guru and blogger Richard Zorza interviewed Wayne about the book, see Part 1 of the 2 part interview here.

Medicare coverage for earlier Alzheimer's diagnostics?

Though medical research has not definitively established which biomarkers accurately predict Alzheimer's disease, the National Institute on Aging and the Alzheimer's Association are issuing new guidelines today that include an early stage where no dementia symptoms are present but brain changes have begun. The new guidelines reflect the desire for early diagnosis and prevention.

Rep. Market of Massachusetts has introduced a bill in Congress to establish specific billing codes for steps in Alzheimer's diagnosis to encourage early diagnosis and treatment.

For more information see this article in today's New York Times www.nytimes.com/2011/04/19/health/19alzheimer.html?_r=1&hp

Timeline for implementing healthcare reform

The Kaiser Family Foundation has created an interactive online timeline to show how different provisions of healthcare reform law will be implemented. Users can click along the timeline to expand each provision for more information. You can also customize what appears on the timeline by checking or unchecking boxes for different topics, such as Medicare, prescription drugs, affordability, fraud, and long-term care.

The interactive timeline is part of a larger website dedicated to providing understandable information about healthcare reform. Other pages on the site include flowcharts, videos, and summaries about various aspects of healthcare law including how the individual mandate to acquire insurance will work, how the law affects Medicaid, and a subsidy calculator.

The Kaiser Family Foundation is a non-partisan non-profit private foundation that produces research and policy analysis on healthcare in the US, provides a clearinghouse for public health information, and operates public health campaigns about HIV/AIDS.

Long-term Care Facilities and LGBT Adults

One of the first examinations of the LGBT experience with long-term care has resulted in a report called LGBT Older Adults in Long-Term Care Facilities: Stories from the Field. The report looks at an online survey conducted from October 2009 through June 2010 of 769 individuals, 284 of whom identified themselves as LGBT. Other respondents included friends and family of LGBT, service providers, and legal service providers.

The survey did not include a statistically representative sample. Rather it gathered hundreds of personal comments and stories about fears, expectations, incidents, mistreatment, and issues faced by LGBT older adults in long-term care facilities.

The survey and report were produced by a collaborative including the National Senior Citizens Law Center (NSCLC), Lambda Legal, the National Center for Lesbian Rights (NCLR), the National Center for Transgender Equality, the National Gay and Lesbian Task Force, and Services and Advocacy for GBLT Elders (SAGE).

The report includes recommendations for policymakers and best practice suggestions for long-term care providers. Many of the stories in the report illustrate how being open about sexual orientation and sexual identity can be very frightening for LGBT adults in long-term care. Fears of discrimination, harassment, denial of care, or abuse or neglect highlighted by the respondents also point to a need for training our long-term workforce in LGBT cultural competence.

The entire report, as well as video stories, key findings and recommendations, are available at www.lgbtlongtermcare.org.

The results are in, we made the Top 25!!

Thank you to everyone who voted for us, we made the LexisNexis Top 25 Estate Probate and Elderlaw Blogs of 2011!!!

Please consider checking out the LexisNexis Estate Planning & Elder Law Community to participate in an online community of elderlaw professionals.

MIT AgeLab

Exploration and development in science and technology for healthier aging is happening at MIT's AgeLab. The lab uses unique tools and methods to study the impacts of aging and how we can use technology to accommodate the needs of people as they age. The driving simulator Miss Daisy and the aging simulator suit AGNES help MIT's researchers collect data about the experiences of older people doing the things they do in everyday living.

Older Americans Month, May 2011

May 2011 is Older Americans Month and the theme this year is Older Americans: Connecting the Community.

The federal Administration on Aging explains: "The theme pays homage to the many ways in which older adults bring inspiration and continuity to the fabric of our communities. Their shared histories, diverse experiences, and wealth of knowledge have made our culture, economy, and local character what they are today. The theme also highlights the many ways technology is helping older Americans live longer, healthier and more engaged lives.

In fact, older Americans are more active in community life than ever before, thanks in part to advances in health care, education, technology, and financial stability over the last several decades that have greatly increased their vitality and standard of living. Older adults are out and about giving back and making a difference in their community.

Our seniors are mentoring the leaders of tomorrow, taking to heart the need for intergenerational learning to guide and inspire young minds. They offer a take on times gone by not discussed in any history class—a unique perspective that sheds new light on contemporary issues.

Older Americans step up to help one another as well. Across the country, seniors connect with other seniors by delivering meals, helping with home repair, assisting with shopping, and offering companionship, counseling, and care. Their efforts remind us that when older adults are active and engaged in their communities, everyone benefits."

This blog nominated for a Lexis Nexis Top 25 of 2011! Please help us win!

What a nice surprise, we've been nominated for the Top 25 Estate, Probate, and Elderlaw blogs!

If you want to help us win please comment on this LexisNexis community page (click graphic below), register for the community on the right-hand side (I know I'm asking a lot here!), and post a comment saying you vote for WV Aging and Law blog!



Each comment is counted as a vote toward the supported blog. To submit a comment, visitors need to log on to their free Communities account. If you haven’t previously registered, you can do so on the LexisNexis Estate Practice & Elder Law Community for free. The comment box is at the very bottom of the page. The comment period for nominations ends on March 31, 2011. On April 1, we will post the Top 25 Estate, Probate and Elder Law Blogs of 2011 based on votes received. Thereafter, our community will vote on the Top Blog through a Zoomerang survey. I anticipate the final announcement to be made on or before April 15.

Thank you in advance for even considering it.

FTC rule helps stop mortgage relief scams

Companies who offer to provide mortgage relief for homeowners who are having trouble keeping up with their mortgages and who seek loan modifications or other relief are not always the good guys. Some scammers have sprung up during the current mortgage crisis who will offer this kind of assistance, charge fees up front, then string the consumer along ultimately providing no relief, and usually leaving the consumer worse off.

The Federal Trade Commission (FTC) has issued a rule that became effective January 31, 2011 prohibiting companies offering mortgage assistance from charging fees up front. The rule also provides that if a company offers some kind of specific mortgage relief the consumer may reject the offer without obligation. A fee can only become due if the consumer accepts the mortgage relief offer.

Licensed attorneys who provide mortgage assistance relief services as part of the practice of law are exempt from the advance fee ban, but must comply with state laws governing attorney conduct, including rules about placing advance fees in client trust accounts, where required (such as in West Virginia).

Consumers can get more specific information about how to protect themselves from mortgage relief scams from the FTC website and this downloadable publication "Mortgage Assistance Relief Scams: Another potential Stress for Homeowners in Distress."

Celebrating Black History Month: J. R. Clifford

West Virginia's first African-American attorney, J. R. Clifford, was born in 1848 in Williamsport, Virginia (now Grant County, West Virginia). He was also a newspaper writer, editor, and publisher, civil war veteran, and a grandfather.

Clifford brought the case of Williams v. Board of Education, which established in 1898 that African-American school children had equal rights to public education in West Virginia, over 50 years before the landmark Brown v. Board of Education would establish that principle for the rest of the nation.

When Clifford was nearly 60 years old he and W. E. B. Du Bois founded the Niagara Movement for equal rights and the end of segregation. He helped plan the movement's first meeting in Harper's Ferry at his alma mater Storer College. The Niagara Movement, named for the mighty current of Niagara Falls, was a progressive counter-movement to the non-confrontational approach to civil rights promoted by Booker T. Washington and other black leaders of the time. Niagara's principles extended to equality for all people, including suffrage for women.

Clifford's life and work is celebrated throughout West Virginia in reenactments of the Williams trial, republication of many of his writings, and public and school programs produced through the J. R. Clifford Project.

Federal Poverty Guidelines for 2011

The US Department of Health and Human Services (HHS) annually issues the Federal Poverty Guidelines used to determine income eligibility for many means-tested benefits and programs. Here are the figures for 2011:

Family Size	Gross Yearly Income	Gross Monthly Income
1	$10,890	$908
2	$14,710	$1,226
3	$18,530	$1,544
4	$22,350	$1,863
5	$26,170	$2,181
6	$29,990	$2,499
7	$33,810	$2,818
8	$37,630	$3,136
add'l	+$3,820	+$318

Federal Register, Vol. 76, No. 13, January 20, 2011, pp. 3637-3638

Sargent Shriver, 1915-2011

One of the 20th century's great leaders in the movement for peace through justice died this week. Sargent Shriver, father of Maria Shriver and brother-in-law of President John F. Kennedy and Senators Robert Kennedy and Edward Kennedy, was the architect President Lyndon Johnson's "War on Poverty." His work led to the creation of the Peace Corps, Job Corps, VISTA, and Head Start programs. His approach to peacebuilding, what he called "practical idealism," focused on promoting human dignity and eliminating poverty.

Shriver was a lawyer as well as a civic leader and Navy veteran.

Olmstead enforcement action filed in Washington, D.C.

A class action lawsuit, Day v. Fenty, has been filed in federal district court against the District of Columbia on behalf of between 500 and 1000 residents of nursing homes in the city who want to live independently in the community but have not been able to secure the services they need to do so. The suit alleges that the District's failure to take adequate steps to transition these residents into the community violates the Americans with Disabilities Act, as interpreted in the landmark Olmstead decision of 1999.

Attorneys representing the class include AARP Foundation Litigation, the law firm Arent Fox, LLP, and University Legal Services (the federally mandated protection and advocacy system for people with disabilities in the District) . Read the complaint on the University Legal Services website here.

One of the representative members of the class is 75 year old Edward Day, retired from 37 years as an employee of the D.C. Department of Human Services. Though he was active in the community, going to church, movies, and clubs before he became a nursing home resident, he has not left the facility except to go to the hospital in 4 years. "Once you get inside that gate, you're inside a jail," Day explains.

Here is a link to an article the lawsuit in December 22, 2010 issue of the Washington post www.washingtonpost.com/wp-dyn/content/article/2010/12/22/AR2010122204704_2.html

Warning to veterans and people who serve them

WARNING TO VETERANS - Forwarded by Kevin Secor, VSO Liaison, Office of the Secretary of the Department of Veterans Affairs.

An organization called Veterans Affairs Services (VAS) is providing benefit and general information on VA and gathering personal information on veterans. This organization is not affiliated with VA in any way.

VAS may be gaining access to military personnel through their close resemblance to the VA name and seal. Our Legal Counsel has requested that we coordinate with DoD to inform military installations, particularly mobilization sites, of this group and their lack of affiliation or endorsement by VA to provide any services.
In addition, GC requests that if you have any examples of VAS acts that violate chapter 59 of Title 38 United States Code, such as VAS employees assisting veterans in the preparation and presentation of claims for
benefits, please pass any additional information to Mr. Daugherty at the address below.

Michael G. Daugherty
Staff Attorney
Department of Veterans Affairs
Office of General Counsel (022G2)

Increase in Deduction for LTC Insurance premiums for 2010 tax year

There is a slight increase of about 3% for tax year 2010 in the amount of long-term care insurance premiums that can be deductible. To take advantage of the increase your premium payment needs to be made before 12/31/10. Here is what the IRS says about the long-term care tax deduction:

Qualified Long-Term Care Insurance Contracts

A qualified long-term care insurance contract is an insurance contract that provides only coverage of qualified long-term care services. The contract must:

Be guaranteed renewable,

Not provide for a cash surrender value or other money that can be paid, assigned, pledged, or borrowed,

Provide that refunds, other than refunds on the death of the insured or complete surrender or cancellation of the contract, and dividends under the contract must be used only to reduce future premiums or increase future benefits, and

Generally not pay or reimburse expenses incurred for services or items that would be reimbursed under Medicare, except where Medicare is a secondary payer, or the contract makes per diem or other periodic payments without regard to expenses.

The amount of qualified long-term care premiums you can include is limited. You can include the following as medical expenses on Schedule A (Form 1040).

Qualified long-term care premiums up to the amounts shown below.

Age 40 or under – $320.

Age 41 to 50 – $600.

Age 51 to 60 – $1,190.

Age 61 to 70 – $3,180.

Age 71 or over – $3,980.

Unreimbursed expenses for qualified long-term care services.

Note. The limit on premiums is for each person.

Also, if you are an eligible retired public safety officer, you cannot include premiums for long-term care insurance if you elected to pay these premiums with tax-free distributions from a qualified retirement plan made directly to the insurance provider and these distributions would otherwise have been included in your income.

This information is taken from IRS Publication 502, Medical and Dental Expenses which you can find at www.irs.gov/publications/p502/ar02.html

Kanawha County Prosecutor's office expanding elderabuse intervention

Rob Schulenburg, Assistance Prosecutor for Kanawha County, explains how elderabuse and financial exploitation of seniors is seriously underreported and takes substantial resources to investigate and prosecute in this article in today's Charleston Daily Mail. His boss, the elected Prosecutor Mark Plants is allowing 3 more assistant prosecutors to work on elderabuse cases in Kanawha County.

Medicare Premiums and Deductibles 2011

Part A generally pays inpatient hospital, skilled nursing facility, and some home health. Most beneficiaries do not pay a premium for Part A since they have at least 40 quarters of Medicare-covered employment.

Part B generally pays a portion of the cost of physician services, outpatient hospital services, certain home health services, durable medical equipment, and other items.

Here below are the premiums, deductibles, and copays for Medicare Parts A and B for 2011:

Part A
Hospital Deductible		$1132
Hospital Copay	days 61-90	$238/day
	days 90+	$566/day
Skilled Nursing Facility Copay	days 21-100	$141.50
Part B
Premium for individual by income	<$85k	$115.40
	$85k to $107k	$161.5
	$107k to $160k	$230.70
	$160k to $214k	$299.90
	>$214k	$369.10

Apply for WV LIEAP 12/6 to 12/10

Low Income Energy Assistance Program - (LIEAP)
LIEAP will officially open for general intake on Monday, December 6th, and close at the end of the day on Friday, December 10th. Applications may be obtained at local DHHR offices, Community Action agencies, and county senior centers. The online application will also be available on the DHHR website at www.wvinroads.org. In situations where a heating emergency exists, applicants must be seen by a DHHR Worker.
The Low Income Energy Assistance Program (LIEAP) assists eligible households with the cost of home heating through direct cash payments or payments to utility companies on their behalf. A crisis component is available for households without resources facing the loss of a heating source. Eligibility for both program components is based on a combination of factors, including income, type of heating payment, and total heating costs.
LIEAP is funded entirely by a federal block grant. The program's duration and the amount of the payment is dependent on the amount of the grant. A portion of the grant is transferred to the Office of Economic Opportunity for the Weatherization Program. Applicants for LIEAP may be referred to Weatherization for additional assistance.
The Division of Family Assistance (DFA) operates LIEAP in each of the DHHR field offices for a short time each winter, usually beginning with an automated payment or a mail-out to targeted households. In addition, DFA contracts with the Community Action network and with regional Agency on Aging offices to perform outreach and accept LIEAP applications at their local sites.
View the FY 2011 LIEAP Fact Sheet below for further information, including income guidelines. If you have questions, please contact your local County Office.
FY 2011 Fact Sheet
20% Discount Program
The Special Reduced Residential Service Rate Program (20% Utility Discount Program) was established by statute to assist certain eligible participants in receiving a 20% discount from their electric and/or gas company.
In order to be eligible for this rate reduction, one must be a recipient of either SSI, WV WORKS, or SNAP (former Food Stamp Program) AND be 60 years of age or older. One must be a recipient of one of these programs during November, December, January, February, and March to get the discount for that month.
The electric and/or gas company will be responsible for determining your eligibility for the Special Reduced Residential Service Rate.
Tel-Assistance/LIFELINE and Link-Up
Through Tel-Assistance/Lifeline, telephone companies offer reduced basic service to eligible low-income elderly and disabled customers. The Division of Family Assistance issues applications to eligible recipients and provides ongoing eligibility information to the telephone companies and informs them when customers are no longer eligible for Tel-Assistance. This is handled centrally by the Division of Family Assistance.
Through Link Up, telephone companies offer a discount on telephone installation to low-income households. Applications and certification of eligibility are handled centrally by the Division of Family Assistance.

Pro Bono Appreciation Week 2010

West Virginia Senior Legal Aid (WVSLA) and Legal Aid of West Virginia (LAWV) partnered to produce Free Days at the senior centers in Monongalia County and Randolph County this week in celebration of Pro Bono Appreciation Week. A Free Day brings local private attorneys to provide a free 30 minute consultation with any member of the community who wants one. We impose no eligibility requirements on clients for free days, they may be any age or any income.

Senior centers are wonderful places to hold these events, and both the Monongalia and Randolph County senior center staff kindly and generously provided us private meeting spaces, free parking, coffee, and hospitality. Many of the clients we served were seniors, but for some younger people in the community the event provided an opportunity to come see the local senior center for the first time.

WVSLA and LAWV send their special thanks to all the local attorneys who donated their time at our Free Days!

Medicare open enrollment 11/15, important changes this year

Healthcare reform made some changes to Medicare that make careful review of your options during open enrollment more important than ever this year. You have probably heard about cuts to Medicare, at least in the wide array of negative campaign advertising this election season, but actually Medicare coverage is expanded under the reforms, not cut. Medicare reimbursements to managed care plans is among what got cut, not benefits to seniors. Therefore, if you have been enrolled in managed care for your Part A and Part B coverages you may find in 2011 that traditional Medicare's expanded benefits may suit your needs better than they did in 2010 and before.

In particular, preventive care will have no copayments and not be subject to deductibles for Medicare starting January 1, 2011.

The Donut Hole is slowly closing under healthcare reform, as well. In 2011 Medicare beneficiaries in the donut hole will get a 50% discount on brand-name drugs and a 7% discount on generics, but the entire cost of the drug will count toward their out-of-pocket spending toward getting back out of the donut hole. The donut hole is eliminated entirely by 2020 under the current law.

So this year it may be particularly useful to review your Medicare enrollment options during the open enrollment period, because the changes in the law may make a new option more effective for you.