Public Policy
The Pennsylvania Association of Elder Law Attorneys' mission is to strengthen, train, assist, and support qualified members in order to ensure the development, advancement and promotion of quality legal service for older Americans and to ensure that its members are the premier providers of legal advocacy, guidance, and services to enhance the lives of people as they age and those with special needs. In furtherance of this mission, PAELA frequently comments on matters of public policy effecting its members and the clients we serve. The following are comments by PAELA on important current issues in Pennsylvania:
PAELA Supports HB2252
In a misguided effort to attempt to collect additional revenues, last spring the Governor proposed expanding estate recovery to reach property held as joint tenants or tenants by the entireties, life insurance, life estates, trusts, annuities and any “other assets in which the deceased individual had any legal title or interest at the time of death.” If passed, this proposal would have resulted in significant financial harm for the surviving spouses of nursing home residents.
| Attachment | Size |
|---|---|
| 2010-03-PAELA-Letter-to-Legislators-Supporting-HB2252.pdf | 254.73 KB |
| 2010-03-PAELA-stmt-in-support-of-HB-2252.pdf | 30.7 KB |
PAELA Submits Comments to the JSGC Report on Powers of Attorney
The Joint State Government Commission issued a report on Powers of Attorney. The report can be found at this link: http://jsg.legis.state.pa.us/POWERS%20OF%20ATTORNEY%20March%2023%202010.pdf
| Attachment | Size |
|---|---|
| paela-comments-on-JSGC-report-on-POAs-0001.pdf | 48.68 KB |
PAELA Submits Amicus Brief in Federal Spousal Annuity Case
PAELA joined with NAELA and the New Jersey chapter of NAELA to prepare and submit a brief to the U.S. 3rd Circuit Court of Appeals in support of the plaintiff in a case involving the treatment of spousal annuities for purposes of Medicaid eligibility. A copy of the brief is available below.
| Attachment | Size |
|---|---|
| Weatherbeeamicusbrief.pdf | 1.11 MB |
PAELA Opposes HB68
This proposed legislation would amend Section 3101(b) of Title 20 to direct the disposition of small bank accounts upon the death of the depositor. PAELA members are concerned about the significant detrimental effects of this proposal. A copy of the letter that was sent by PAELA to all members of the Senate leadership can be found in the attachment below.
| Attachment | Size |
|---|---|
| HB68-letter-to-legislators-7-1-09.pdf | 57.79 KB |
PAELA Comments on the Interim Draft Regulations for Assisted Living Facilities
In July of 2009, PAELA submitted to the Office of Long Term Living additional comments on the interim draft 2800 Regulations for Assisted Living Facilities. A copy of the comments can be found in the attached PDF (below).
| Attachment | Size |
|---|---|
| paela-comments-july-2009.pdf | 33.14 KB |
PAELA Opposes Expanded Estate Recovery
Section 1412 of HB 1351 vastly expands the ability of the state to seek recovery from an estate to repay the Medicaid program. In no other public benefit or public welfare program must persons forfeit equity in their home to repay the Commonwealth or the Federal government for funds expended on their behalf. An analysis of the detrimental effects of this proposal can be found in the attachment below.
| Attachment | Size |
|---|---|
| talking-points-expanded-estate-recovery.pdf | 37.31 KB |
NAELA's Position on Federal Policy
NAELA has taken policy positions on the following issues at the federal level.
Explore the policies (below, PDF format):
| Attachment | Size |
|---|---|
| Amendments to the Deficit Reduction Act | 77.48 KB |
| Elder Justice Act | 80.55 KB |
| Inclusion of Long-Term Services and Supports in Health Care Reform | 71.06 KB |
| Medicare | 83.69 KB |
| Nursing Homes | 81.17 KB |
| Application of Transfer of Assets Penalty for Pooled Trusts | 153.04 KB |
PAELA Supports Bills Establishing Standards in Annuity Sales
Members of PAELA have been concerned about the abusive sale of annuities to seniors in Pennsylvania. Senate Bill 237 and House bill 1119 are important first steps in establishing suitability standards in the sale of annuities. PAELA supports these bills. Our letter of support is below.
| Attachment | Size |
|---|---|
| annuity-letter-SB-237-03-25-09.pdf | 20.94 KB |
Assisted Living Residence Regulations
On September 12, 2008, PAELA sent a letter to the Internal Regulatory Review Commission endorsing the comments submitted by the Pennsylvania Bar Association regarding the Assisted Living Residence Regulations. The text of this letter can be found here.
See all of the comments the text of the proposed regulations
All of the comments, and the text of the proposed regulations can be found at this link: http://www.irrc.state.pa.us/Regulations/RegInfo.cfm?IRRCNo=2712
Nursing Facility Clinically Eligible Definition
On May 22, 2008, PAELA sent a letter to the Office of Long Term Living to express concerns with the proposed changes to the the NFCE standard. The text of that letter can be found in the attachment below.
| Attachment | Size |
|---|---|
| NFCE comments 5-08.pdf | 52.72 KB |