Attorneys Weber & Colbert Achieve Coveted Certified Elder Law Attorney Status  

DPW Issues Preliminary Final Draft Regulations for Assisted Living Residences

New Jersey Annuity Opinion Sinks in Medicaid’s Bog: An Analysis of N.M.

Elder Law Professional Update Presentations and Materials Available Online

Income Verifications and Medicare Part B Premiums

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Attorney Weber & Colbert Acheive Coveted Certified Elder Law Attorney Status

Written By: Melissa Bottorf, Director of Marketing & Business Development  

Marshall, Parker & Associates is pleased to announce that two of our attorneys, Tammy A. Weber and Brenda D. Colbert, have been Certified as Elder Law Attorneys by the National Elder Law Foundation. The attainment of the CELA designation represents a pinnacle of achievement for an elder law attorney.  The coveted status has been awarded to fewer than 50 attorneys in the entire state of Pennsylvania. Marshall, Parker & Associates is now the ONLY law firm in the nation with more than two Certified Elder Law Attorneys on its staff. We have FIVE.  All attorneys at Marshall, Parker & Associates are certified in elder law.    

The National Elder Law Foundation requires attorneys applying for certification to meet rigorous criteria in order to attain the status. The process includes passing a day-long written exam, documenting extensive experience of at least five years in elder law, estate planning, guardianships and special needs cases and obtaining references from numerous other elder law attorneys.  The examination is tough with only 27% of the lawyers taking the last exam passing.  Attorney’s Weber and Colbert were among those who passed.  

The CELA professional designation provides consumers with assurance that the attorney they have chosen has an in-depth working knowledge of the legal issues impacting the elderly and individuals with special needs.  Because it is a valuable indicator for consumers looking for help with elder law issues, the CELA status has been approved by the Pennsylvania Supreme Court.  It is the only accepted board certification for elder law attorneys.   

Attorney Weber is a Magna Cum Laude graduate of Lycoming College and earned her law degree from Temple University. She worked as an Assistant United States Attorney for the Eastern District of Pennsylvania before returning to Montoursville.  She joined Marshall, Parker & Associates in 2004.  

Attorney Colbert is a 1990 graduate of Mansfield University where she earned her degree in Social Work. After working for several years as a social worker in a nursing home, she went on to law school, graduating magna cum laude from Touro College Law Center and then proceeded to the University of Miami School of Law where she earned an advanced legal degree (LL.M) in Estate Planning. Attorney Colbert has serves clients in the Wilkes-Barre and Scranton offices of Marshall, Parker & Associates.  

When you or a family member or friend needs estate planning, long term care planning, special needs planning, make sure they see an expert  – make sure they consult with a Certified Elder Law Attorney.   

Melissa can be contacted at webmail@paelderlaw.com or at 1-800-401-4552. More information about Melissa is available on our website at www.paelderlaw.com/staff.html

 

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 DPW Issues Preliminary Final Draft Regulations for Assisted Living Residences  

Written By: Melissa Bottorf, Director of Marketing & Business Development  

DPW has published “Preliminary Final Draft Regulations” for Assisted Living Residences. This is not the final regulation, but is a draft which is being published by DPW in order to allow for additional public comment. The draft is available at http://tinyurl.com/ld7rq8  

Act 56 of 2007, enacted in July 2007, created a new classification of assisted living providers that will be able to accept individuals with higher care needs including some who are NFCE and qualified for Medicaid.  

Unlike personal care homes, this new Assisted Living Residence (ALR) provider class will be able to deliver some health care services to their residents.  Act 56 directed the Department of Public Welfare (DPW) to develop regulations for ALRs. This has been difficult given the disparate interests of the various groups that will be affected by the regulations.  As a result, the Department has continually moved back its regulatory timetable.      

Melissa can be contacted at webmail@paelderlaw.com or at 1-800-401-4552. More information about Melissa is available on our website at www.paelderlaw.com/staff.html

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New Jersey Annuity Opinion Sinks in Medicaid’s Bog: An Analysis of N.M.

Attorneys Parker & Marshall were asked to author an article about a the New Jersey Court Decision in the spousal annuity case of N.M. for the May 2009 edition of The ElderLaw Report , a national, professional publication for elder law attorneys. Click on the link below to read the entire article.

[This article originally appeared in the May 2009 edition of The ElderLaw Report, page 3]  

More than a decade ago, Connecticut’s high court described Medicaid laws as equivalent to the “Serbonian bog” referenced in John Milton’s Paradise Lost. See Ross v. Giardi, 680 A.2^nd 113   (Conn. 1996). It appears that the bog has claimed another victim. A New Jersey state appellate court has concluded that payments from a DRA-complaint annuity owned by a community spouse are a countable resource.  

In the case, N.M. v. Division of Medical Assistance and Health Services, et al., N.J. Sup. Ct., App. Div., Feb. 26, 2009), the community spouse purchased a DRA-compliant annuity that reduced the couple’s resources to the eligibility level. Nevertheless, the state Medicaid agency denied N.M.’s application on the ground that the income stream produced by the annuity was an available resource.  

Follow this link to read the entire article- www.paelderlaw.com/Analysis_of_NM.html  

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Elder Law Professional Update Presentations and Materials Available Online

Marshall Parker & Associates 13^th annual Elder Law Professional Update took place in Williamsport and Wilkes-Barre on May 7^th and 8^th.  The annual update provides information to professionals who serve the needs of older consumers and is a great opportunity to network with other professionals who serve seniors.   

This year’s update received rave reviews from the approximately 400 professionals attending.  If you missed the update we have been able to post some of the presentations and related materials on the Marshall, Parker & Associates website. Just click on the following link:  http://www.paelderlaw.com/2009_Professional_Update.html.

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Income Verifications and Medicare Part B Premiums  

Written By: Jody A. Lose, Planning Specialist  

Medicare Part B helps pay for doctors’ services and outpatient care. It also covers other medical services, such as physical and occupational therapy, and some home health care. For most beneficiaries, the government pays a substantial portion—75 percent—of the Part B standard premium and the beneficiary pays the remaining 25 percent. Most people are paying the 25% which turns out to be a premium of $96.40 in 2009.  

However, some higher income beneficiaries have to pay a larger percentage of their Part B premium based on income they reported to the Internal Revenue Service (IRS). In 2009, higher income beneficiaries will pay a monthly premium equal to 35, 50, 65 or 80 percent of the total Part B cost, depending on the amount of income they reported to the IRS.  

To determine if you have to pay increased Medicare Part B premiums, Social Security looks at the IRS tax filings you made two years before the year that the premiums are deducted.  For example, 2009 premiums are calculated using your 2007 tax return.  2008 tax returns will not be used to calculate Medicare Part B premiums until the year 2010. The IRS sends this information to Social Security which then uses a sliding scale to make adjustments to premiums. The sliding scale is based on your Modified Adjusted Gross Income (MAGI). Your MAGI is a combination of your adjusted gross (taxable) income and tax exempt interest income.

Fortunately, fewer than 5 percent of Medicare beneficiaries have to pay any increased Part B premiums.  Most people will continue to pay the standard premium without any income-related adjustment.  In 2009, if you file your taxes as “married, filing jointly” your MAGI has to be more than $170,000 for you to have to pay a higher Part B premium in 2011. Unmarried persons, or those who are married but file separately, will have to pay a higher Part B premium if their MAGI is more than $85,000.  

After getting the IRS data, if Social Security determines you will need to pay a larger percent of the premium, they will send you a letter explaining how the determination was made and what your new premium will be. But, if your income does not exceed the limits described above, this law does not apply to you.  

There are some exceptions when a more current tax reporting may be used, such as: death of a spouse; marriage; divorce; annulment; or change in employment, among others.  If you have questions on how premiums are calculated or to review a possible exception, contact Social Security Administration at 1-800-772-1213. 

Jody can be contacted at webmail@paelderlaw.com or at 1-800-401-4552. More information about Jody is available on our website at www.paelderlaw.com/staff.html

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Contacting Marshall, Parker & Associates for Assistance

Marshall, Parker & Associates is a nationally recognized law firm which provides long-term care planning, estate planning & estate administration services to Pennsylvania clients from our offices in Jersey Shore, Williamsport, Wilkes-Barre and Scranton.

If you or someone you know needs assistance with estate planning or with qualification for Medicaid benefits for nursing home or home care, please call us toll free at 1-800-401-4552.

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*Attorneys Marshall, Parker, Grebas, Weber & Colbert are certified as Elder Law Attorneys by the National Elder Law Foundation under authorization from the Pennsylvania Supreme Court

**In addition to her law degree, Attorney Colbert holds an advanced legal degree (LLM) in Estate Planning from the University of Miami School of Law.

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