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How Expanding Medicaid Can Lower Insurance Premiums for All
September 2, 2016
The Obama administration for years has been pleading with states to expand their Medicaid programs and offer health coverage to low-income people. Now it has a further argument in its favor: Expansion of Medicaid could lower insurance prices for everyone else.
Full Story.

How Seniors Can Finance "Upsizing" to a New Home
September 1, 2016
Not all retirees are ready to downsize their homes to reduce costs. While some may want to stay put, others are actually looking to move up to a more desirable home, for any number of reasons.
Full Story.

This Assisted Living Facility Is Designed to Look Like a Small Town From the 1940s
August 31, 2016
Earlier this week when a Reddit user posted a photo of a "nursing home designed to look like a golf course community," the response was overwhelming, drawing hundreds of upvotes and comments, and making the front page of Reddit.
Full Story.

Waiting List Placements May Violate ADA
August 30, 2016
Being on a waiting list for community-based services may be evidence enough that an individual with developmental disabilities is at risk for institutionalization in violation of the Americans with Disabilities Act, according to the U.S. Department of Justice.
Full Story.

Advocates Seek Urgent Passage of Wandering Bill
August 29, 2016
Hoping to harness momentum, disability advocates are pushing Congress to fast-track legislation designed to help kids with autism and other developmental disabilities at risk of wandering.
Full Story.

Doctors Raise Concerns For Small Practices in Medicare’s New Payment System
August 26, 2016
Indeed, in their professional journals, at conferences, on social media and health care blogs, and in comments to federal regulators, the nation’s doctors are expressing growing anger and frustration. The focal point of their angst is a 2015 federal law that changes the way Medicare pays doctors.
Full Story.

When It Comes to Uber, Miss Daisy May Be Driving You
August 25, 2016
A new study finds that a growing number of seniors are bringing in cash through the gig economy.
Full Story.

Service Providers Turn to Washington For Help
August 24, 2016
Disability providers are looking to Congress for a substantial boost in funding over the next three years as they cope with new mandates that many worry could force service cuts.
Full Story.

Surprise: At 81, Social Security Is A Growing Anti-Poverty Program For Kids
August 23, 2016
Social Security has long been celebrated for dramatically reducing poverty among older Americans. But as the program turns 81, it is playing a growing and little noticed role in lifting kids out of poverty, too.
Full Story.

Millions Headed to States for Special Ed Training
August 22, 2016
The U.S. Department of Education is shelling out millions in funding to help recruit and train teachers and administrators serving children with disabilities.
Full Story.


NAELA Advocacy Alert - Lobbying for the SNT Fairness Act Is Easier Than You Think
Like the gap between practicing law and its dramatic appearance on TV, lobbying Congress suffers from a misconstrued image. Read more and learn how you can get involved. (August 23, 2016)

NAELA President's Award Given to PLAN/NJ Executive Director, Ellen Nalven
Green Brook resident and Executive Director of Planned Lifetime Assistance Network of New Jersey (PLAN/NJ) located in Somerville, Ellen Nalven, M. Ed, recently received The National Academy of Elder Law Attorneys (NAELA) 2016 President's Award. Read more. (August 23, 2016)

NAELA Releases Video Series for People With Multiple Sclerosis
The new “Legal and Care Planning for People with Multiple Sclerosis” video series is intended to help people diagnosed with MS and their families understand the complex legal and planning issues they face. It was produced via a partnership between the National Academy of Elder Law Attorneys (NAELA) and Stetson University College of Law, in consultation with the National MS Society. See press release. (August 15, 2016)

NAELA Advocacy Alert - Breaking News: Committee Approves SNT Fairness Act in Package!
Today, the House Energy and Commerce Committee approved the Special Needs Trust Fairness Act (H.R. 670) as part of a small legislative package to improve Medicaid! Read the Advocacy Alert. (July 13, 2016)

House Committee to Vote on Fixing a Two-Decade-Old Error That Harms Persons with Disabilities; NAELA Supports Legislation
The House Energy and Commerce Committee on Health will vote on whether to approve the Special Needs Trust Fairness Act (H. 670) this week. See press release. (July 11, 2016)

Update on DeCambre v. Brookline Housing Authority
The federal district court’s decision in DeCambre v. Brookline Housing Authority determined that special needs trust (SNT) distributions could be counted as income in determining Section 8 eligibility. NAELA members Ron Landsman, Esq., CAP, and Emily Starr, CELA, wrote and submitted an amicus brief on the case, with assistance from NAELA member Gregory Wilcox, CELA.

The 1st Circuit acknowledged the work of NAELA, the Special Needs Alliance and the National Housing Law Project regarding regulation § 5.603(b), which states that “’income’ in section 5.603(b) does not include the principal that initially funded the trust.”

DeCambre’s main claim focused on whether the housing authority made an error under the relevant regulations when calculating her income. She argued that SNT monies were from lump-sum payments and thus any SNT distribution was excluded from her annual income.

After again looking at the regulation and considering the parties’ arguments, the court rejected the defendant’s position.

“This does not address third-party trusts, but this is a victory for people with first-party pooled trust accounts or relatively modest individual special needs trusts. It means that drawing down principal and distributing it from the trust or trust account is not income for rent calculation purposes. The rare person with a really large special needs trust account who has substantial income from the trust — interest, dividends, realized capital gains — will have all of that counted for rent purposes,” said Landsman.

View the case ruling.

Read the Latest on NAELA Public Policy/Advocacy
Read the June issue of the NAELA Advocacy Update. (June 6, 2016)

Read the Latest NAELA: Eye on Elder and Special Needs Issues
NAELA supports care in the community and the greatest amount of independence possible for persons of any age with disabilities. Read more. (June 3, 2016)