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					NEWS & VIEWS OF THE ELDER LAW SECTION                                                      VOLUME 11, ISSUE 1
MARYLAND STATE BAR ASSOCIATION                                                                     FALL 2006




The Elder Law Extra                                                                     Catherine E. Stavely, Chair

                                                                                      Jason Alan Frank, Vice-Chair

                                                                                          Nicole Livingston, Editor


                             Message from the Chair...
 It is my privilege as the newly elected Chair to greet    ington, D. C., and to assist in drafting and reviewing
 you and to introduce the Fall Edition of the Elder Law    bills and procedures introduced which will benefit
 Extra, the newsletter of the Elder Law Section of the     our clients.
 Maryland State Bar Association. I thank the mem-
 bers for the opportunity to serve as Chair of this most   And, finally, while the MSBA offers several ways to
 active Section, and congratulate all of you on being      communicate among members, I find the most fasci-
 the most accomplished, congenial, dedicated and           nating to be the Email listserv. It allows an immedi-
 caring group of attorneys I have ever had the plea-       ate question and answer exchange, and the sharing
 sure to associate with. This is quite a diverse area of   of new developments with other Section members. If
 law, and our members bring an amazing variety of          I have one goal this year, it would be to expand the
 backgrounds and practice areas to the table, from         use of the listserv to include more questions, more
 small, medium and large private firms, to public, gov-    answers, and more members involved. There is a
 ernment and private agencies, and even elected of-        wealth of information available from others, and we
 ficials. Our clients take us from civil actions and ap-   all learn in the process of thinking through the situa-
 peals to administrative filings and appeals, through      tions presented.
 document preparation for life planning, to legislative
 matters and even into the criminal arena on occa-         As a local section Chair, I have received several
 sion, all in our continuing efforts to provide services   Emails for ABA related training resources and will
 to elders and their families, and all ably handled by     pass them along to the Section from time to time. So,
 the members of our Section.                               happy end of summer, enjoy the lovely Maryland fall
                                                           weather, and thanks for your continued participation
 As expected from such a diverse field of disciplines,     in your bar association.
 change is constant. The Deficit Reduction Act of 2006
                                                                                                 Kindest regards,
 is still being analyzed and implementation is being
 phased in by the various agencies affected. The Mary-                            Catherine E. Stavely, Chair
 land legislative session will be upon us soon, hard on
 the heels of a state-wide election with potential for           MSBA
 new faces, attitudes and ideas at all levels of govern-
 ment. New mediated guardianship programs are be-
 ing developed as well as new forms and procedures
                                                                     ELDER LAW Section Council
 for dealing with complicated estate issues.                Officers 2006-2007       New Council Members:

 Through the continued voluntary work of our mem-           Catherine E. Stavely Lawrence D. Adashek
 bers, we have taken advantage of opportunities to            Chair                7/1/2006 – 06/30/2008
 interact with government attorneys and department          Jason Alan Frank     Kevin Frederic Bress
 heads whose work and decisions have a bearing                Vice-Chair           7/1/2006 – 06/30/2008
 on our client’s care needs through quarterly meet-         Robin L. Weisse
 ings with a representative of the Department of              Past Chair
 Health and Mental Hygiene. We have an able man             Jacqueline Dean Byrd
 on the ground monitoring state and federal legisla-          Secretary
 tive events through our Legislative Committee. The         Karren Jo Pope-Onwukwe
 Section members have and will continue to testify            Treasurer
 on legislative issues, both in Annapolis and Wash-
                      MICPEL COURSES
CLIENT MENTAL CAPACITY AND COM-                                  AGENDA
PETENCY ISSUES IN THE EVERYDAY                                   9:00–9:45: "Legal Standards of Diminished Capacity
PRACTICE OF LAW                                                  and Mental Competency" Richard F. Lindstrom, Esq.
                                                                 9:45–10:15: "Client Intake Procedures & Interview
Friday, October 13, 2006                                         Techniques" Jason A. Frank, Esq.
9:00 a.m. – 1:15 p.m.                                            10:15-11:00: "Client Assessments and Evaluations"
Ecker Business Training Center                                   Melinda Fitting, Ph.D. and William Mansbach, Ph.D.
6751 Columbia Gateway Drive                                      11:00-11:15: BREAK
Columbia, Maryland                                               11:15-11:45: "Ethical Obligations of Lawyers Toward
MICPEL, the MSBA Sections of Estate & Trust Law                  Clients of Diminished or Questionable Mental Capac-
and Elder Law, and the Maryland/Washington D.C.                  ity" Charles S. Winner, Esq.
Chapter of the National Academy of Elder Law Attor-              11:45-12:30: "Documentation and Strategies in An-
neys, Inc., in cooperation with the University of Mary-          ticipation of Litigation Over Competency" Norman
land School of Law and the University of Baltimore               L. Smith, Esq.
School of Law, have joined forces to present “Client             12:30-1:15: "Rules Regarding Assessment of Older
Mental Capacity and Competency Issues in the Every-              Drivers in Maryland" Annette Lavezza, OTR/L
day Practice of Law”. The program will be presented              Our outstanding faculty includes Program Chair Ri-
on Friday October 13, 2006 in Columbia at the Ecker              chard F. Lindstrom, Esq., Gordon, Feinblatt,
Business Training Center.                                        Rothman, Hoffberger & Hollander, LLC; Melinda Fit-
Our population is aging and the number of people liv-            ting, Ph.D., Comprehensive Geriatric Services; Ja-
ing past age 75 is exploding. Regrettably, with age              son A. Frank, Esq., Frank, Frank & Scherr, LLC;
there is an increase in dementia and other medical               Annette Lavezza, OTR/L, Senior Occupational Thera-
conditions that affect your clients’ mental capacity. All        pist, Johns Hopkins Hospital; William Mansbach,
practitioners regardless of area of concentration en-            Ph.D., Comprehensive Geriatric Services; Norman
counter capacity issues and need advice. Attend Cli-             L. Smith, Esq., Fisher & Winner, LLP; and Charles S.
ent Mental Capacity and Competency Issues and the                Winner, Esq., Fisher & Winner, LLP.
Everyday Practice of Law and you will receive guid-              Tuition for the program is $169 for Members of the
ance from local practitioners as to how they protect             MSBA Estate & Trust Law, Elder Law and Young Law-
themselves and the client from the ethical and legal             yers Sections and $189 for MSBA Members. Attend-
pitfalls that can occur if the client has diminished legal       ees receive four (4) hours of lecture and discussion,
capacity. Our outstanding faculty will explain the medi-         written materials, a continental breakfast and a 15%
cal and mental conditions that can affect mental ca-             discount on all MICPEL publications purchased on the
pacity and what a lawyer ethically can and should do if          day of the program.
there is a question about a client’s mental capacity.
Attendees will also learn about Maryland’s approach              For more information on “Client Mental Capacity and
to the assessment of the driving ability of older adults,        Competency Issues in the Everyday Practice of Law”
an issue that is rapidly expanding in significance.              visit MICPEL’s website http://www.micpel.edu or the
                                                                 MSBA website http://www.msba.org. Or telephone
                                                                 MICPEL at 410-659-6730 or e-mail us at
                                                                 info@micpel.edu.




               Please contact the editor, Nicole Livingston, at
            Nicole@sinclairprosserlaw.com for article suggestions
              and member news for the Winter 2006 newsletter.


                                                             2
                             The Deficit Reduction Act of 2005
                                     Maryland Update
                                             by Laurie S. Frank, Esq.

The Deficit Reduction Act of 2005 (DRA) has changed                            Citizenship and Identity
the legal landscape for gift giving by all but the super-
                                                                Effective July 1, 2006, all Medicaid applicants and re-
rich – older American. While the nominal purpose of
                                                                cipients must provide documentation to prove their citi-
the DRA is to reduce the costs of a number of gov-
                                                                zenship and identity. All new applicants have 30 days
ernmental programs, it accomplishes this by tighten-
                                                                to provide this information and current recipients will
ing the rules that govern the Medicaid (properly called
                                                                be required to produce these documents at their an-
Medical Assistance) program, the main source of as-
                                                                nual redetermination. Citizenship and identity are pre-
sistance for long term care costs other than private
                                                                sumed for the following groups and no further docu-
long term care insurance. The new rules will affect
                                                                mentation will be required:
those who cannot afford to pay $300,000 to $600,000
($5,000 - $10,000 per month) for long term care on              • Pregnant women who are determined presumptively
their own for five years. At that rate almost everyone          eligible;
afflicted with an illness necessitating nursing home            • Supplemental Security Income (SSI) recipients;
care will become impoverished.                                  • Medicare recipients;
                                                                • Refugees, asylees and other qualified aliens.
Amongst its many changes to the Medicaid gifting
rules, the DRA increases the look-back period to five           If your client does not fall into one of these categories
years and changes the start date of the penalty pe-             then the documentation must be produced. If your cli-
riod for all gifts made on or after February 8, 2006.           ent has a Passport, Certificate of Naturalization or a
Other provisions most significant in Maryland are               Certificate of U.S. Citizenship, you need look no fur-
those restricting the use of immediate annuities, limit-        ther. Absent that you will have to produce proof of both
ing the equity an individual may have in his or her             citizenship and identity. By itself, a birth certificate
home, limiting the use of loans or promissory notes             indicating your client was born in the United States will
and life estates, requiring documentation of citizen-           no longer suffice. You must also prove that your client
ship and identity, and changing the treatment of en-            is indeed that individual by producing documents such
trance fees at continuing care retirement communi-              as: a current driver’s license or MVA photo ID card, or
ties. On the somewhat positive side, the DRA also               a government identity card. There are four levels of
re-activates the “long term care partnership” act.              acceptable documentation for citizenship and a detailed
                                                                listing of acceptable identity documents. You can find
Since the DRA’s enactment the States have received              this information in Manual Release-135 which can be
little guidance from the Center for Medicare and Med-           accessed on the DHMH web site at http://
icaid Services (CMS). On February 28, 2006, the El-             www.dhmh.state.md.us/html/hotissues_citizen.htm.
der Law Section of the Maryland State Bar Associa-              Questions or suggestions regarding citizenship and
tion and the Maryland/ DC Chapter of the National               identity documentation can be emailed to
Academy of Elder Law Attorneys requested clarifica-             DRAInfo@dhmh.state.md.us.
tion from the Maryland Department of Health and
Mental Hygiene (DHMH). DHMH replied in March that
they were looking into the questions raised and were                   Long Term Care Eligibility Provisions
awaiting guidance from CMS. In late June 2006 CMS               On July 27, 2006 CMS issued guidance to the State
did provide the States with standards for implement-            Medicaid directors on many of the DRA provisions in-
ing the proof of citizenship and identity requirements          cluding: the five year look back, penalty start date, prom-
effective July 1, 2006. DHMH has provided guidance              issory notes, life estate purchases, undue hardship,
to the public, recipients, and caseworkers concerning           annuities, home equity limitations and entrance fees at
those citizenship and identity requirements but has             retirement communities. Unfortunately, the guidance
not yet issued guidance regarding the long term care            does little more than provide context for the rules
eligibility provisions.                                         changes, procedural instruction and repetition of the
                                                                information contained in the DRA itself.
                                                                                                   (continued on page 4)



                                                            3
Deficit Reduction . . .
(continued from page 3)
Some questions are answered:                                     Whenever a new law is passed there is likely to be a
                                                                 period of confusion and uncertainty - we are in the midst
Start Date of Penalty: A penalty period must actually
                                                                 of it now. While everything reported in this article is
be imposed necessitating an application for benefits
                                                                 accurate as of September 6, 2006, it is subject to
when the individual is “otherwise eligible”.
                                                                 change on a daily basis.
Undue Hardship: The criteria in the Act are the same
                                                                 Laurie S. Frank offers special thanks for her assistance
as those CMS has required in the State Medicaid Manual,
                                                                 in writing this article to Lisa Kulishek, J.D, Director,
so we may not be seeing any changes in this area.
                                                                 Beneficiary Services Administration, Maryland Medic-
                                                                 aid Program, Department of Health & Mental Hygiene
Effective Date for Changes
• Start date, look-back period, annuities. The new                       What you missed in OC
rules only apply to transfers made on or after February
                                                                                   by Robin L. Weisse
8, 2006.
                                                                 The Elder Law Section co-sponsored two programs
• Promissory notes, partial month and accumulation               at the MSBA Convention in Ocean City: “What’s So
of multiple transfers into one penalty, life estate pur-         Hard About Advance Directives” with the Health Law
chases. The new rules are effective April 1, 2006.               Section and “Coming of Age – Maryland’s New Se-
                                                                 nior Mediation Program” with the Alternate Dispute
• Note that the effective dates may be extended, if the          Resolution Section. It was great to work with other
Secretary of Health and Human Services determines                Sections in bringing these programs to our members.
that the State Medicaid plan requires State legislation to
meet the requirements imposed by the Act. DHMH has               “What’s So Hard About Advance Directives” provided
indicated that legislation is not needed in Maryland.            an informative and entertaining program about the
                                                                 use of Advance Directives featuring Jack Schwartz,
Annuities: For any annuities purchased on or after               Esquire, Director for Health Policy Development, Of-
February 8, 2006, the State must be named as a re-               fice of the Maryland Attorney General; Mary O’Byrne,
mainder beneficiary in the first position for the total          Esquire, Frank, Frank & Scherr, LLC; and Martha Ann
amount of Medical Assistance paid on behalf of the               Knutson, General Counsel for Upper Chesapeake
annuitant for any annuity in which either the applicant          Health. In addition to sharing the recent legislative
or the community spouse has an ownership interest.               changes to the Health Care Decisions Act which be-
                                                                 comes effective October 1, 2006, the program in-
Long Term Care Partnership: DHMH is working                      cluded a “mock” client interview where our own Ja-
closely with the Maryland Insurance Administration to            son Frank proved to be a most difficult client, exem-
implement the long term care partnership portion of              plifying how thorny this area of the law can be in prac-
the DRA.                                                         tice. The program was so well received, we are work-
                                                                 ing to bring a “reprise” to our members at an upcom-
DHMH is still implementing the citizenship and iden-             ing Section Meeting. So stay tuned if you missed the
tity rules and, as of the date of this writing, has not          Ocean City program.
yet issued proposed regulations or manual releases
geared towards the changes to the resource and trans-            In February of 2005, the Maryland judiciary’s Media-
fer rules. Maryland Health Department officials have             tion and Conflict Resolution Office (MACRO) made a
indicated that we are to follow the old rules until the          grant to the Maryland Department of Aging to pro-
local Departments of Social Services are given the               mote the development and use of mediation in issues
necessary instruction. While it is unlikely that they will       confronting seniors and their families. We were most
go back and review all applications made on or after             fortunate to have Bob Rhudy, with the Senior Media-
February 8, 2006 for compliance with the new rules, it           tion Project bring members up to date on the progress
is possible. Moreover, if your client made gifts on or           of this initiative. Also participating were Erica Wood,
after February 8, 2006 and then applies for Medicaid             Esq., Deputy Director, Commission on Law and Ag-
benefits after DHMH issues the new rules, then those             ing of the American Bar Association and Wendy Saw-
gifts will most likely be treated under the DRA’s new            yer, Esq., Director of the Office of Family Mediation
transfer rules.                                                  for the Baltimore County Circuit Court.



                                                             4
                           Uniform Power of Attorney Act
                                           by Michael W. Davis, Esq.

The use and misuse of general powers of attorney               The Act addresses a number of the concerns that have
have been a focus of the Elder Law Section for many            been discussed in Maryland in the past. For example,
years now. On the one hand, these tools are an easy            each power of attorney will presumed to be durable in
and affordable tool for our clients with diminishing           nature and legally effective upon execution. Also, if a
capacity and declining abilities to provide a mecha-           guardianship is established, only the court may revoke
nism for the management of their assets and the pay-           a power of attorney, not the guardian. Furthermore, a
ment of their bills. On the other hand, these tools            power of attorney given to a spouse will be terminated
have been abused by overreaching family members,               upon the filing for divorce or annulment. And, an agent
friends and caretakers to obtain access to the assets          under a power of attorney may be compensated on a
of those vulnerable adults.                                    reasonable basis.

During the past ten years or so, members of the Gen-           Among the most controversial parts of the Act is the
eral Assembly have attempted to introduce reform leg-          provision that creates liability for persons who unrea-
islation that either addressed the creation of general         sonably refuse to accept the authority of agents of pow-
powers of attorney or the abuse of these powers. Be-           ers of attorney. In Maryland, there is no statutory or
cause none of these attempts were comprehensive in             common law basis for requiring any third party, such
nature, they gained little support from the members of         as a bank or an insurance company, to accept a power
this Section. In fact, some of these attempts created          of attorney, even if that the third party bases such a
numerous opportunities for unintended consequences.            decision on reasons that would otherwise seem arbi-
In any case, the result is that nothing significant has        trary. In those cases, an agent may have no other
been done in Annapolis to make general powers of               choice than to resort to the establishment of a guard-
attorney more effective tools.                                 ianship to achieve the goals of a vulnerable principal.

Hopefully, this status quo is about to change.                 Under the Act, if a person unreasonably refuses to
                                                               accept the power of attorney, that person may be held
On April 21, 2006, Professor Linda Whitten from                liable for attorney’s fees and costs associated with any
Valparaiso University School of Law addressed a num-           court proceeding that would be necessary to confirm
ber of persons interested in improving the use of gen-         the validity of the power of attorney or to mandate ac-
eral powers of attorney in Maryland. Professor Whitten         ceptance of that power of attorney.
is the Reporter for the Drafting Committee for the Uni-
form Power of Attorney Act, a committee of the Na-             It is anticipated that the Elder Law Section, the Es-
tional Conference of Commissioners on Uniform State            tate & Trusts Section and other interested sections of
Laws. In attendance at this meeting were Senator               MSBA will continue to review the Act and to coordi-
Dolores G. Kelley, representatives from the Maryland           nate with members of the General Assembly to adopt
Bankers Association, and several representatives from          the provisions of the Act in the upcoming session of
the Estates & Trusts and Elder Law Sections of the             the General Assembly.
Maryland State Bar Association.
                                                               Michael W. Davis is the senior partner of the law firm of
The purpose of the meeting was to provide a forum for          Davis, Agnor, Rapaport & Skalny, LLC, focusing in the
Professor Whitten to give an overview of the Uniform           areas of estate and tax planning, probate, guardianships
Power of Attorney Act (the “Act”) and to answer any            and elder law. He is a past chair of the Elder Law Coun-
questions about that Act. Ultimately, however, the goal        cil of the Maryland State Bar Association.
of the meeting was to establish a base from which fu-
ture actions could be initiated to introduce legislation
that embraces the provisions of the Act.




                                                           5
           A Summary of Selected Legislation Enacted Last Session
                 and a Look Ahead to next Session
                                                     by Morris Klein

I- The 2006 Session                                                the insured. The law applies only as to life insurance
                                                                   policies in effect and where the insured is alive on or
The General Assembly adjourned sine die on April 10,               after June 1, 2006.
2006. The 2006 session was the last year in the four-
year election cycle, and new Senators and Delegates                SB 550 (Chapter 435) authorizes specified joint custo-
will be elected this fall. With upcoming elections in mind,        dianship of property under the Maryland Uniform Trans-
legislators typically are more generous in the last year           fers to Minors Act and that each joint custodian has full
of the cycle. However, the 2006 session was relatively             power and authority to act alone under specified cir-
subdued. Here is a list of bills that passed of interest to        cumstances. The law is effective June 1, 2006.
elder law attorneys and their clients. For copies of leg-          SB 545 (Chapter 30) provides an exemption from the
islation, go to http://mlis.state.md.us/                           inheritance tax for property passing to or for the use of
                                                                   partnerships or limited liability companies consisting
                   Advance Directives                              of specified family members, effective for decedents
Perhaps the most significant legislation for our clients           dying after June 30, 2006.
is the revision of the model health care advance direc-
tive form. SB 369 (Chapter 522 of Maryland Laws of                                        Medicaid
2006) revises the health care decisions form, eliminat-
ing the ambiguity of the old form and includes a sec-              HB 717 (Chapter 470) allows a house titled in the name
tion on burial. The law also clarifies that surrogate de-          of a special needs trust to qualify for property tax cred-
cision-maker rankings apply if the named health care               its and housing assistance. The law is effective June 1,
power of attorney is unavailable.                                  2006 and for tax years after June 30, 2006.
SB 236 (Chapter 223), requires the Department of                   HB 1342 (Chapter 492) requires a study on the imple-
Health and Mental Hygiene (DHMH) to establishment                  mentation of the Long-Term Care Partnership and a
a voluntary registry for advance directives. This law              report to the General Assembly due by January 1, 2007
also directs the Department of Motor Vehicles to modify            and every year thereafter.
drivers’ licenses to a voluntary notation that the driver          HB 1574 (Chapter 501) requires DHMH to publish in
has an advance directive.                                          the Maryland Register and notify the State Medicaid
                                                                   Advisory Committee notice of application to the Cen-
                  Estates and Trusts                               ter for Medicare and Medicaid Services (CMS) for a
SB 2 (Chapter 225) amends the Maryland Estate Tax                  Medicaid waiver and amendments to an existing waiver.
regime to permit the establishment of a Maryland only              DHMH must also notify the Maryland Medicaid Advi-
QTIP. The legislature did not raise the $1 million thresh-         sory Committee of any changes to the state Medicaid
old for estates subject to the tax, but the law clarifies          plan within five days after submission to CMS.
that only assets above $1 million are subject to the tax.
The law is effective for decedents dying after Decem-              SB 117 (Chapter 70) Establishes an Office of Inspec-
ber 31, 2005.                                                      tor General within DHMH.
SB 300 (Chapter 516) provides that the trustee of a                SB 771 and HB 1330 (Chapters 439 and 440, respec-
trust has an insurable interest in the life of an individual       tively) requires the Maryland Medicaid Advisory Com-
insured under a life insurance policy owned by the trust           mittee to be composed of a majority of enrollees or
or the trustee of a trust, and that a partnership, limited         enrollee advocates with at least five members repre-
partnership, or limited liability company has an insur-            sentative of the entire Medicaid population.
able interest in the life of an individual insured under a
specified life insurance policy. The law corrects the                                     Facilities
decision in Chawla v. Transamerica Occidental Life In-             HB 1633 (Chapter 413) allows the Department of Ag-
surance Co. (No. 03-1215, ED. Va. Feb. 3,2005), wherein            ing to establish subsidies for low-income persons re-
the court applied Maryland law to hold that an irrevo-             siding in assisted living facilities.
cable life insurance trust created by an insured indi-
vidual did not have an insurable interest in the life of                                               (continued on page 7)



                                                               6
Selected Legislation . . .
(continued from page 6)
SB 103 (Chapter 113) makes numerous technical                     II- The Future
changes to the Department of Aging’s Regulation of
Continuing Care Retirement Communities. Changes in-               Legislation that the General Assembly may consider
clude a right of a subscriber to meet with management             in future sessions includes the following:
within 45 days of filing a written grievance, and the right       Power of Attorney Reform. The National Conference
of a subscriber to terminate the CCRC contract.                   of Commissioners on Uniform State Laws is in the fi-
HB 826 (Chapter 326) requires DHMH, in consultation               nal stages of drafting a model Uniform Power of Attor-
with the Maryland Health Care Commission and speci-               ney Act. The model legislation attempts to strike a
fied stakeholders, to develop a standard assisted liv-            balance between the need for persons to have their
ing program services disclosure statement and to re-              powers of attorney accepted by third parties with the
quire assisted living programs to file the disclosure             concern that some protections are necessary to pre-
statement with the Office of Health Care Quality.                 vent fraud and abuse. It is expected that the model
                                                                  law will be “released” to state legislatures for enact-
HB 204 (Chapter 452) requires assisted living facili-             ment this fall.
ties with 50 or more beds to have an emergency elec-
trical power generator.                                           Uniform Trust Code. A number of jurisdictions, includ-
                                                                  ing Virginia and the District of Columbia, have enacted
HB 1036 (Chapter 478) prohibits a person from know-               modified versions of the Uniform Trust Code, also drafted
ingly and willfully operating, maintaining, or owning an          by the National Conference of Commissioners on Uni-
assisted living program without a license; prohibits a            form State Laws. A Maryland version may be introduced
person from advertising, representing, or implying to             in the 2007 or 2008 Maryland General Assembly.
the public that an assisted living program is authorized
to provide services that the program is not licensed,             Increasing the home equity limitation for single
certified, or otherwise authorized to provide; establishes        persons who apply for Medicaid from $500,000 to
a Health Care Quality Account for Assisted Living Pro-            $750,000. Section 6014 of the Deficit Reduction Act
grams in the Department of Health and Mental Hygiene.             of 2005 bars most unmarried persons from qualifying
                                                                  for Medicaid if the equity in their homes exceeds
HB 1322 (Chapter 391) amends licensure procedures                 $500,000. The law gives states the option to increase
for assisted living; exempts Adult Residential Environ-           this threshold to $750,000. The New York legislature
ment Programs from the definition of assisted living;             has already done so. SB 1091, sponsored by Sen.
requires development of methodology to determine                  Forehand late in the 2006 session, proposed to raise
when awake overnight staff may be required.                       this limit in Maryland, but the bill did not emerge from
                                                                  committee. The bill may be introduced again in 2007.




                                                              7
                                         NAELA NEWS
The Maryland/DC Chapter of NAELA (National Acad-             The NAELA chapter is active in senior advocacy. The
emy of Elder Law Attorneys) honored Maryland State           day of the meeting set a record high temperature in
Senator Paula Hollinger as 2006 Legislator of the Year       the Washington area, and some persons who had sent
during their recent annual meeting at the Florence           affirmative RSVPs were unable to attend. The left-
Bain Senior Center, Columbia, Maryland. The award            over food was delivered by Catherine Stavely to
was given to Senator Hollinger “In recognition of her        Grassroots Crisis Intervention Center, 6700 Freetown
unwavering commitment, untiring efforts and outstand-        Road in Columbia.            Their Web site is
ing accomplishments as legislator and friend to the          www.grassrootscrisis.org.
senior citizens of the State of Maryland.”
                                                             The next chapter meeting will be September 21, 2006,
Maryland/DC NAELA officers for 2006-2007 were                8:30 AM, at the Sheraton Columbia Waterside Res-
elected.                                                     taurant.

PRESIDENT: Morris Klein                                      Respectfully Submitted,
VICE-PRESIDENT: Camilla McRory                               Jacqueline D. Byrd, Secretary
SECRETARY/PROGRAMS: Jacqueline D. Byrd
TREASURER: Barry Fierst
CHAIR/PUBLIC POLICY: Jason A. Frank

             BOARD OF DIRECTORS:
                  Michael Davis
                 Alan Deanahan
                  Anne DeNovo
                  Phyllis Erlich
                 Laurie S. Frank
                   Jason Frank
                William Gatesman
                  Vicki Gottlich
                Ron M. Landsman
                  Ralph Moore
                Catherine Stavely




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