By Tara Anne Pleat, Esq. In many states, the Medicaid program can generally be seen as having a strong institutional bias when it comes to coverage of long-term care, forcing many families to place loved ones in skilled care facilities or similar institutional settings, despite longstanding efforts to serve individuals with disabilities in mainstream settings. [...]
Shirley B. Whitenack, Esq. The Affordable Care Act (ACA) was passed nearly six years ago and its insurance exchanges are over two years old. How have individuals with disabilities fared under the new system, which is meant to make health coverage universally available? Improvements are undeniable, but gaps remain. While there are more options, making [...]
By Jason Frank, CELA and Jenna L. Snyder Both the Americans with Disabilities Act (ADA) and the Supreme Court's related Olmstead decision support an individual's right to receive long-term care in the least restrictive manner possible. Yet when families ask if Medicaid can help them pay for home and community-based services (HCBS), the answer is [...]
By B. Bailey Liipfert, III, CELA Acting as trustee for a special needs trust (SNT) is a demanding responsibility, and one person or bank trust department may not possess all the knowledge and skills needed for the job. Families sometimes create a trust advisory committee to guide professional trustees who don't know the beneficiary well, [...]
By Michael A. Kirtland, CELA When a young person reaches the age of 18 (19 or 21 in certain states), they are legally considered an adult. For many it's an exciting threshold, full of promise. Still, they may face medical, financial and educational decisions which could benefit from the advice and assistance of others. Unless [...]
By Jo-Anne Herina Jeffreys, Esq. Holiday crowds, twinkling lights and unfamiliar scents can confuse and even frighten a child with disabilities. The season’s disruptions can be particularly painful for those who don’t handle change well. But with a little planning, you can contain the stress. Prepare Your Child Preparing your child in advance by revisiting [...]
By Shawn Majette, Esq. Over the last 30 years, I have participated in more than 10,000 involuntary civil commitment hearings. Each involved someone alleged to have been so seriously mentally ill or substance-addicted that he or she could not safely remain in the community. Each involved lawyers, handcuffs and forensic examiners. This note explains how [...]
By John Ariale, Esq., Guest Blogger One year ago, the chances for passage of the Achieving a Better Life Experience (ABLE) Act seemed bleak. However, for those of us advocating for its passage, our lame duck strategy worked, and the ABLE Act was signed into law on December 19, 2014. The intent behind ABLE was [...]
By Jefferey Yussman, Esq. Employment is an important road to independence and self-esteem. But some individuals with disabilities worry that accepting a job offer will disqualify them for means-tested benefits, such as SSI (Supplemental Security Income) and SSDI (Social Security Disability Income). Since such programs may be the bedrock of their financial security, what happens [...]
By Emma Hemness, CELA Before representing the Special Needs Alliance (SNA) at the Glut1 Deficiency Syndrome Foundation's annual conference in Orlando, I knew very little about the disease being discussed. Unfortunately, my lack of awareness wasn't unusual. According to the National Institutes of Health, since first identified in 1991, only a few hundred cases of [...]
By Robin Shaffert, Senior Executive Officer, Individual & Family Support, The Arc You may have heard about supported decision-making and wonder what it is and how it applies to your practice. Supported decision-making is an effort to promote the rights of people with disabilities to make their own decisions by developing the skills and support [...]
By Pi-Yi G. Mayo, CELA & Bryn Poland, Esq. When a personal injury suit is being settled, one often overlooked step is the creation of a "Medicare Set-Aside (MSA)," money earmarked for future injury-related costs that would otherwise be covered by Medicare. The confusion arises because CMS (The Centers for Medicare and Medicaid Services) has [...]
By Tara Anne Pleat, Esq. As a new school year approaches, nerves often take center stage for many families who have children with special needs. Parents and children alike worry about teachers, the other children, homework, lunchtime and much, much more. Get Ahead of the Curve Before classes begin make arrangements to take your child [...]
By Robert B. Fleming, CELA As the parent of a child with disabilities, you may already know that you have to establish a trust to handle any inheritance you leave for your son or daughter. But do you know the most important question? Selecting your trustee is at least as critical as getting the trust [...]
It was in 2011 that individuals living at Harbor's Edge, a continuing care retirement community (CCRC) in Norfolk, asked a Special Needs Alliance member attorney to file a discrimination suit on their behalf. The facility was in violation of the Americans with Disabilities Act and Fair Housing Act, having barred residents of its assisted living [...]
By Emily A. Donaldson, CELA This year marks the 25th anniversary of the Americans with Disabilities Act (ADA), landmark legislation likened in scope to the Civil Rights Act of 1964. With its passage in July 1990, discrimination based on disabilities was banned in employment, public accommodations, telecommunications and government programs. Sponsored by recently retired Senator [...]
By Professor Kim Dayton Making medical and financial choices for an aging parent or other adult with special needs can be stressful. Health care directives and financial powers of attorney are meant to establish an agent's decision-making authority, but in practice, it doesn't always work that way. Time and again, health care professionals ignore medical [...]
Who doesn't love summer vacation? But when a child has special needs, all that free time brings challenges. Youngsters who thrive on routine can find schedule changes disorienting. Some may become socially isolated without classes to attend. And, of course, if their life skills and academic work aren't being consistently reinforced, months of hard-won progress [...]
By Robert B. Fleming, CELA & Dennis S. Voorhees, CELA Technology is reshaping home and workplace--and law offices are no exception. Software, cloud computing and mobile devices have introduced convenience and efficiencies that benefit families with special needs. Assistive Technology Technical advances are making it easier to communicate directly with clients who are nonverbal. One [...]
By Ron M. Landsman, Esq. Special needs trusts (SNTs) enable funds to be saved on behalf of an individual with disabilities without affecting their eligibility for means-tested programs such as SSI (Supplemental Security Income) and Medicaid. Since income generated within trusts is often subject to high tax rates, it’s sometimes assumed that the same is [...]