sharinglaw.net
the website of Lisa Nachmias Davis, Attorney at Law
CT ELDER LAW LINKS PAGE
Updated (somewhat) January 14, 2008
Search sharinglaw.net: : if you know the category you want, click to get there and look for your "box." If you don't, try CTR+F. If not sure what you want, LOOK AT THE INDEX -- "core primary sources" has a sub-index at the top.
LINK TO INDEX
LINK TO CORE PRIMARY SOURCES INDEX
LINK TO KEYCASES PAGE (updated 11-26-07)
DSS IMPLEMENTATION OF DRA - NEW REGULATIONS (pending APA notice/comment) eff/implemented 4/1/07 (pdf) SEND COMMENTS TO DSS - 130 pages - long download
see also DRA showing updates to prior law (courtesy of Tim Takacs) plus amendment by Tax Relief & Health Care Act of 2006The end of "spousal refusal"? PA 07-02 eff. 7/1/07
Major conservatorship changes - PA 07-116, PA 07-117
As if the DRA wasn't bad enough -- in CT we also have TRANSFEREE LIABILITY -- Any gift (after 7/6/05) within three years of app. or for those after 2/8/06 within five years of app. will create a DEBT to the STATE owed by transferor or transferee -- the state can sue the recipient under section 4 of P.A. 05-209 (eff. 7/6/05). Note: This information is maintained to benefit the elderly in Connecticut and nationwide by providing a resource to attorneys, caregivers, and others assisting the elderly. However, accuracy and currency are not guaranteed. USE AT YOUR OWN RISK.
Please report changes, errors, and suggestions to Lisa Davis. Thanks.
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CORE
"PRIMARY SOURCES" OF LAW FOR CONNECTICUT ELDER LAW
ATTORNEYS
| DSS
APPLICATIONS and PLANNING TOOLS - (DSS forms are in large PDF files due to shading) NOTE: DSS is putting more forms on its website, although not usually in fillable form. Check the DSS Publications Page to be sure the form below is the current version and to check for newer forms. There is also W-1E which apparently covers everything. Preliminary application W-1 (fill-in PDF) (rev 2002) Spousal Assessment W-1-SA (fill-in form thanks to Steve Keogh) W-168 Verification List (PDF) W-1685 (rev 3/05) (fillable PDF) W-858 (legally liable relative form) (PDF) DSS "caretaker child" transfer of assets inquiry/response - SAMPLE (PDF) Disability determination forms W-300 and W-303 W-1ER (recertification form) (FYI only -- poor quality) ConnPACE application form (2007; PARTIALLY fillable -- you have to circle items) Compute CSPA spreadsheet in Excel 2000 OR use it online (Explorer only) Compute value of Life Use spreadsheet in Excel 97(to age 100) (see also DSS table - PDF) Deb Tedford's "formula" for computing prudent gifting during look-back period. Excel or MS Word 2000 downloads. (BUT SEE transferee liability provisions) An historical footnote: DSS chart of AMCC and CSPA amounts from 1/93 to 1/08 |
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FEDERAL SOURCES |
CONNECTICUT SOURCES |
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| FEDERAL
STATUTES Search Findlaw's US Code Search House of Rep's US Code (gives the date) Cornell's US Code Popular Name Table U.S. Code Title 42 - dowloadable sections I and II - -to 12/2005 View online entire Social Security Act (current to 9/8/06) with changes to date (well it was "to date" when posted!) -- NOTE the following do not appear to incorporate Deficit Reduction Act (PDF) 1382b (Assets; part of SSI law) 1396r (Nursing Homes) 1396p (Liens and transfers) 1396k (Assignment of rights) 1396r-5 (MCCA) Title XVIII (Medicare) VA benefits: 38 USC Chapter 17 (only current through 2004) Older Americans Act 42 U.S.C. 3001 et seq. or Reauthorization. (PDF) |
STATE
STATUTES
(tax statutes are below under taxes) Entire Connecticut General Statutes 2007 compilation (NB: if out of date, replace the year included the URL link with the current or most recent ODD-NUMBERED year) Search statutes, Public Acts On-line from the 2005 statutory compilation: 1-42 et seq. (Short Form Durable Power of Attorney) 4a-16 (administration of estates of medicaid recipients by DSS) Title 12 (Taxes) Title 45a (Probate) including 45a-486 (trustbusting) Conservatorship statutes - see PA 07-116 and PA 07-117revisions Title 17b (Social Services 17b-91(f) burial contract 17b-451 Elder Abuse Title 19a (Public Health) 19a-533 (waiting list rule) 19a-535 (transfer and discharge) 19a-550 (patient's bill of rights) 19a-570 et seq (Living Wills) PA 07-02 (spousal refusal excerpt) PA 06-195 (excerpts) re living will / health care proxy CHANGES with explanatory document by Kate McEvoy in PDF Key provisions of 2001 DSS Implementer bill P.A. 01-02 PA-03-3 2003 Implementer PA 05-10: "Civil Unions" Act PA 05-109 new legislation on cremation/custodian of remains PA 05-209 signed 7/6/05 Transferee Liability (see excerpts) Provisions of Public Act 05-251 (HB 6940) relating to succession, gift and estate tax |
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PENDING FEDERAL
LEGISLATION Information on reauthorization of Older Americans Act (including text of relevant provisions) prepared by Center for Social Gerontology) |
PENDING STATE
LEGISLATION |
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FEDERAL
REGULATIONS AND POLICY
CITIZENSHIP |
STATE REGULATIONS
AND POLICY
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FEDERAL TAXES (check www.sharinglaw.net/npo/links.htm also) |
STATE
TAXES |
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FEDERAL COURTS AND
CASES |
STATE COURTS AND
CASES |
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CONNECTICUT ELDER LAW RESOURCES Return to Page Index
(in alphabetical order)
| Agency on Aging of South Central CT | The site includes Kate McEvoy's various contributions (legislative updates, articles, chart) and information about the many programs the Agency provides, including the home care program. See the "Guide to Senior Services." |
This is where you go to find out what is the lien with respect to Medicaid or other benefits, payable upon receipt of an inheritance or personal injury settlement. For liens repaid during lifetime (e.g. on the home), contact DSS. However, for liens relating to care in a state psychiatric institution, contact Tony Nunes at DAS. You can write or fax to: but better is to call first and get someone's NAME and then fax. Fax a release as well. Address: 165 Capitol Avenue Hartford, CT 06106. Bureau of Collection Services: (860) 713-5400. Fax # (860) 713-7408 |
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| CT Department of Mental Retardation | DMR site --- not so much "elder law" as special needs (of which more information on www.sharinglaw.net/disability/helplinks.htm). IMHO pretty useless, but at least it has phone numbers.. |
| CT Department of Revenue Services | DRS site has links to forms and a lot of other stuff -- click here for the links above on this page. |
| CT Department of Social Services - and Elderly Services Division |
Includes
telephone and e-mail directories (including the 800
number for Protective Services), and the individual numbers for each local
Protective Services unit; detailed information on programs for
seniors and those with disabilities, the Department's Elderly Services Manual, available online, elderly services publications, (including the
"periodical" Age Matters), explanation
of the State Supplement program (but without the eligibility
numbers, alas), and other publications. Click for DSS/Elderly Services IMPORTANT
PHONE LIST. Find
out where to apply for benefits for a resident of any
town. Review the DSS publication "Long-Term Care Issues and
Medicaid"
which is NOT on the elderly services division
publications page and apparently always includes the
current "key numbers". |
| To report suspected elder abuse. Note that there is qualified immunity for reporting suspected elder abuse (you can't do it out of malice.) CGS 17b-451. | |
| The Connecticut Elder Law website (CTElderLaw.org) | Consumer-oriented site on Connecticut Elder Law topics. Maintained by Connecticut Legal Services with support from the ABA, the Eastern Connecticut Area Agency on Aging and the CHOICES program. Direct link to Legal Services Network pamphlets for consumers. Direct link to Public Benefit Information page without frame. |
| CT Hospice | Includes information on inpatient and home care hospice services. |
| CT Housing Choice Voucher List | |
| CT Insurance Department | A"framed" site, but you can go directly to the page with Medicare supplemental policy rates in Connecticut; page with list of CT Partnership policies; page with list of other companies offering LTC policies; page on HMO external appeals; and compilation of insurance regulations |
| CT Long-Term Care Ombudsman's office | CT's long-term care ombudsman talks about advocacy volunteers and fundraising |
| CT Partnership for Long Term Care | This page is more complete than the Insurance Department site and includes a wealth of statistical information on long-term care. Usefully summary of Medicare eligibility limits for long-term care. Also publishes a handy PDF booklet with prices for each nursing home AND home health agency in the state. |
| CT Public Health Dept. | Includes page with Public Health Code and regulations. You can write to the department for their annual review of nursing homes and home health agencies, or download the nursing home book index or entire book.. |
| CT Rental Assistance programs | RAP regulations: 17b-812-6, 17b-812-9 and 17b-812-11a. |
| CT State Homepage | Official
state page with connections to all branches of state
government Includes |
| CT State Treasurer | "Name it and claim it" site |
| ConnPACE.com | NEW website from DSS devoted to the ConnPACE program. Download the ConnPACE application. |
| Funeral Consumer Alliance of Connecticut | Nonprofit group that surveys funeral homes and provides price information. Order their funeral home survey. |
| Infoline | We all know this but often forget. Has all kinds of information about subsidized housing etc. |
| PLAN of Connecticut | Nonprofit organization that will handle small special needs trusts and is working on establishing a "pooled" trust under 42 USC sec. 1396p(d)(4)(c). |
| Reverse Mortgage Info | Low-interest Connecticut-funded CHFA reverse annuity mortgage website info, older info sheet, fact sheet, application (Check AARP site for more on commercial mortgages) |
| sharinglaw.net - disability | HELPLINKS page has legal and non-legal links relating
of interest to the disabled SSATTY page has listing of private practitioners who handle Social Security claims and appeals |
| sharinglaw.net - elder | Page with non-legal links to care providers and related services |
NATIONAL ELDER LAW RESOURCES Return to Page Index
(in alphabetical order)
| AARP (formerly the American Association of Retired Persons) | Searchable site, includes: directory, with direct e-mail links, to every member of Congress; has taken over from reverse.org much of the reverse mortgage information, including a handy calculator; information on many topics; read the biennial report on long-term care including the portion on Connecticut |
| ABA Center for Professional Responsibility - Model Rules | Although Connecticut's Rules of Professional Conduct have not yet been amended to reflect the most recent changes to the ABA rules, and so do not have the force of law, they are an important resource for Connecticut elder law attorneys. |
| ABA Commission on Law and Aging | Includes listing of section publications; offers free e-mail subscriptions. View articles from Bifocal, the Section's newsletter, order relevant Section publications, and download publications. |
| Administration on Aging (AoA): | The AoA funds caregiver support programs and many other programs for the elderly. The site includes links to local agencies, other resources, and compilations of general and statistical materials. The "Elder Care Locator" is here. |
| AgeNet | Health information and resource links specific to older adults. Topic areas include: geriatric health/drugs, legal, insurance, financial, products and caregiver support; Alzheimers association chapters; message board. |
| Alzheimer Page | Comprehensive site on Alzheimers sponsored by Washington University - St. Louis - sign on to the mailing list |
| ACTEC | American College of Trusts and Estates Counsel. No, this is not only for those who plan for the 8-figure estate set. Includes the highly-regarded ACTEC Commentaries on the ABA rules of professional conduct and a terrific, PUBLIC, T&E links page |
| Americans with Disabilities Act site | U.S. Dept. of Justice site, including technical assistance manuals. |
| Annuityshopper.com | For reference purposes, gives instant "quotes" on annuities |
| Center for Medicare Advocacy | Includes information on Medicare, e-mail link to request the Centers printed materials, a "quick screen" to identify potential Medicare coverage, articles on Medicare+Choice, and a useful summary/comparison of the various supplemental policy provisions and summary of gaps in coverage. Redesigned; the "hover buttons" mostly gone. |
| Consumer Consortium on Assisted Living | "Consumer-focused advocacy organization devoted to the needs and rights of assisted living residents." Includes a brief checklist for evaluating assisted living facilities; you can order one that is longer. |
| Consumer Reports | Periodic consumer information on nursing homes, long-term care insurance, etc. The comprehensive nursing home info is now gone, but see the checklist for evaluating nursing homes. Clients often mention Consumer Reports articles. |
| Elderweb.com | Labyrinthine and comprehensive site created by was created by CPA Karen Stevenson Brown, also a long-term care consultant. Look here when you can't find it. Includes "links to information on legal, financial, medical, and housing issues, as well as policy, research, and statistics." |
| This link is to "tube feeding options" and includes summaries of the perspectives from numerous different religions on artificial nutrition and hydration issues as well as medical and ethical discussions. | |
| Families USA | Families USA offers free subscriptions to e-mail newsletters and policy alerts in four areas - Medicaid, managed care, children's health, and all health care issues. Direct e-mail link to your congressperson to send messages on pending legislation. A valuable site for those involved in advocacy. |
| Fedlaw site | This is now located in "The Center for Regulatory Effectiveness." Federal government site reference center. Links to the U. S. Supreme Court, all Federal Circuits, and many District Court opinions, etc. |
| FirstGov.gov | Contains the same data as the Fedlaw site but may be maintained more currently, as "fedlaw.gov" sends you here. |
| FirstGov for Seniors (formerly Access America for Seniors) |
Developed as a cooperative effort under the aegis of the National Partnership for Reinventing Government and maintained by the Social Security Administration, this site provides access to government services and information covering a wide range of issues (from Social Security to travel tips). You can also sign up for a mailing list. |
| Health Privacy Project | Links to privacy laws in all states, plus explanations of HIPAA rights. Contains links for HIPAA and the HIPAA regulations. (Also see the DHHS FAQ in Q&A format: www.hhs.gov./ocr/hipaa). |
| Health Resources and Services Administration, U.S. Dept. Health and Human Services | Lists the annual poverty guidelines (eff. 4/04) used to measure eligibility for many programs. |
| U.S. Dept. Health and Human Services | Links to recent "briefings" on Medicaid eligibility policies from DHHS Office of Assistant Secretary for Planning and Evaluation, April 2005; provided courtesy of Christine I Andrew, Esq., of the Connecticut Alzheimers Association. |
| H.E.L.P. | Non-profit organization located in Southern California offers useful "consumer-oriented" pamphlets and newsletter items suitable for clients. Also includes "Your Way," a guide to help older adults and families communicate about medical treatment desires, values, etc. |
| HUD | Information on Section 8 / elderly housing: Housing Choice Voucher Program Guidebook (eligibility); 2003 Income limits (PDF). See: 24 C.F.R. Part 5 Subpart F (replacing prior regulations). Statutory authority: 42 U.S.C. 1437f. |
| Insure.com | Easy-to-read summaries of insurance laws in all 50 states, plus explanations of HIPAA, COBRA rights, etc., with ample links to local sources of information. |
| Kansas Elder Law Network (KELN) | Legal and quasi-legal databases are national in scope and include vast amounts of primary and secondary materials, annotated bibliographies, index to on-line materials such as full text documents, articles, case law, statutory materials, and forms. |
| Consumer-oriented site that gives a comprehensive look at long-term care planning, from LTCI to Medicaid planning, with links to vendors of assisted living. Written by a CLU. | |
| Medicare.gov | Includes "Nursing home compare"
information page.
This is also the place to find those elusive |
| Medicare Rights Center | National, not-for-profit organization located in New York City; site offers direct assistance for Medicare beneficiaries and on-line versions of brochures (some bilingual). |
| National Academy of Elder Law Attorneys (NAELA) | Includes
fill-in form for members to sign up for participation in
NAELA's unmoderated e-mail mailing list. Whether or
not members participate, they can review listserve
archives through NAELA's members only page. Members are also entitled to a
template-style website for $25/year, available to the
public through the popular "Need an elder law
attorney?" link. NAELA |
| National Center for Home Equity Conversion | Nonprofit site on reverse mortgages containing useful information, current rates, explanations. Formerly "reverse.org," this "complements AARP's basic consumer information ... may be particularly useful to nonprofit counselors, professional advisors, and any consumers or their family members looking for more information beyond the basics." |
| National Citizens Coalition for Nursing Home Reform (NCCNHR) | Nonprofit group that advocates for nursing home reform. Site includes address/telephone information for ombudsmen in all 50 states. Order online their publications such as Nursing Homes: Getting Good Care There (2d ed - $11.95) (scroll down -- it isn't the first publication listed) |
| National Council on the Aging | A national nonprofit advocacy group. Includes information about long-term care insurance, Medicare, Medicaid and Medigap insurance and a list of publications for sale. |
| National Health Law Project (NHeLP) | "30 Years of Working for Justice in Health Care for Low Income People." Includes detailed analysis of current and proposed legislation. Links page includes a state-specific page with connections to Medicaid agencies in most states and a wide variety of advocacy groups. Offers a free e-mail subscriptions for publishing information on current issues. |
| National Hospice and Palliative Care Organization | |
| National Organization of Social Security Claimants' Representatives (NOSSCR) | National support organization for attorneys specializing in Social Security disability law. Includes basic information on the law and the organization. Purchase the "Listing of Impairments for Adults, Listing of Impairments for Children, and the Medical-Vocational Guidelines (Grids)." Some materials are available only to members. |
| National Senior Citizens Law Center (NSCLC) | NSCLC advocates nationwide on behalf of low-income elderly individuals and persons with disabilities. Includes articles and legal documents on many of these topics. |
| Office of Disability, Aging and Long-Term Care Policy or the new site | Component of the U.S. Department of Health and Human Services. Includes numerous surveys, studies, and analysis on health care, Medicare, Medicaid, and Managed Care. |
| Savings Bonds | Treasury Dept. site for determining current value of US savings bonds |
| Social Security Administration | Includes Social Security Handbook, benefit calculator, entire Social Security Act, SSA forms, subscribe to a newsletter. See also "Understanding SSI." |
| trustsandestates.net | Site of T&E lawyer Noel Ice -- contains Noel's unique and frank (!) commentaries on the retirement distribution regulations, hyperlinked -- invaluable. (Scroll down to the bottom of the page) |
| Veterans Administration | Includes information on all benefits programs; download VA life insurance forms, Form 21-526 by which a single veteran can get an additional $90 excluded from applied income when on Medicaid; Form 21-534 for a widow. |
since October 6, 2006
Return to CBA links as follows (you w