The Worst Law for Seniors Fails to Pass
It does make a difference when readers speak out on subjects that matter to them and now there is proof.
Almost five months ago I wrote a column about a bill introduced into the Pennsylvania legislature that would have reeked havoc on seniors, especially widows and widowers of nursing home residents who died after receiving Medicaid. See “The Worst Law For Seniors Is Introduced Through Pennsylvania Budget,” May 11, 2009. www.collitonlaw.com/09/051109/htm. Readers will be relieved to know that the proposed law did not pass and that their prompt action is one of the reasons why.
The bill would have brought “expanded estate recovery” to Pennsylvania. Anyone who jointly owned property with a senior who received or would later receive Medicaid for care would have had to pay the government or (as to property owned with spouses) have their property liened. Section 1412 of HB 1351 introduced by Representative Dwight Evans of Philadelphia, the Chair of the House Appropriations Committee would have affected property rights for years to come. Legislators were contacted throughout the State. They listened and seniors and their friends including members of the elder law bar were successful in convincing them to defeat the measure.
It might seem strange that the report on results took so long. Since it would have been part of the State budget and Pennsylvania passed its budget on October 9, it was only then that we could be certain that expanded estate recovery had been averted.
There were several lessons learned from the HB 1351 experience and here are some of them.
Individuals can make a difference when they lobby on specific bills. In supporting or opposing legislation, it is important to know what bills are under consideration and what their results would be, not just the general idea. Proposals have become so complicated and there are so many that it matters to be able to say what specific bill you support or oppose and why.
Someone needs to monitor proposed laws to advise those who will be affected by them. The Elder Law Section of the Pennsylvania Bar Association learned of the proposed law early. They alerted the other sections and the Pennsylvania Bar Association generally, The Elder Law Section, Real Property, Probate and Estates Section, the Family Law Section, and Sole Practitioners Section all passed measures opposing the bill and the Pennsylvania Bar passed a resolution overwhelmingly opposing this bill and used its lobbyist to express this also.
A newly formed group of interested attorneys, PAELA, the Pennsylvania Association of Elder Law Attorneys, to which I belong came into existence largely so we could continue to be advised of bills as they are proposed and Court contests before they become law.
Legislators who are open minded will listen (and the results of the campaign to send in newspapers. ) I owe special thanks to Senator Andrew Dinniman who took the time from his busy schedule to meet with me to discuss this bill and other issues affecting seniors. Also, Representative Barbara McIlvaine Smith whose aide met with me. Both indicated that they
definitely would not support expanded estate recovery. Senator Pileggi’s office called and advised that the bill was not part of their proposal. Other Republican legislators I am sure would also have expressed that they were not in support but they were outside my legislative area and I did not have the opportunity to contact them.
One important point to note for readers is that, at the end of my column on May 11, I asked them to write letters to their State legislators in opposition. I also suggested they might copy the column itself and send it with comments. I understand that multiple copies of my May 11 Daily Local News column were mailed to several legislators with comments. This made me chuckle and also made me aware of the power of our readers.
Timing and vigilance is critical. Until a few years ago, Pennsylvania elder law attorneys were often content to focus on practicing law. With the inroads made by filial responsibility passed by Pennsylvania in 2005 that might require adult children to be financially responsible for the medical and nursing bills of a parent and the federal Deficit Reduction Act passed in 2006 that can place severe penalties on families of nursing home residents for unintended gifting, it is difficult to practice without becoming involved even where there is no file to bill it to. Vigilence to support good laws and oppose bad ones becomes critically important and public support is invaluable.
About the Author Janet Colliton
Esquire, Colliton Law Associates, P.C. Janet Colliton has practiced law for over 38 years, 37 of them in Chester County, Pennsylvania, a suburb of Philadelphia. Her practice, Colliton Law Associates, PC, is limited to elder law, Medicaid, including advice, applications and appeals, and other benefits planning including Veterans benefits, life care and special needs planning, guardianships, retirement, and estate planning and administration.