the website of Lisa Nachmias Davis, of the firm of
Davis O'Sullivan & Priest LLC, Attorneys at Law
CT ELDER LAW LINKS PAGE
LAST UPDATED in part May 16, 2013
Search entire site of sharinglaw.net: : (if you don't know the layout) - hit "CTR+F" to find something specific. Otherwise, LOOK AT THE INDEX -- "core primary sources" has a sub-index at the top.
LINK TO INDEX for this page
LINK TO CORE PRIMARY SOURCES INDEX
LINK TO KEYCASES PAGE
HOW TO JOIN MY LISTSERV for CT elder lawyers
TO PURCHASE THE ELDER LAW ANSWER BOOK 3RD
"PDF" requires use of free Adobe Acrobat -
Lopes v. Commissioner (2d Cir. 2012): spousal annuities permitted / not counted as resources! (PDF) See also DSS implementing email (from CT-NAELA website).
PA 12-208 -- VA aid & attendance pension DISREGARDED for purposes of numerous Medicaid and other programs, including state supplement, QMB, and home care program income limits. (Remember, other income issues for the home care program and other Medicaid programs may also be solved with a pooled trust.)
PIB 12-02 (PDF) DSS Transmittal re: new rules on processing apps
New Probate Practice Book Rule 9 re: confidentiality of SS #s (MS WORD). ALSO: Just because it's handy for me!-- quick link to Probate Court site (list of fees; dowload forms in PDF). NOTE: new Practice Book Rules start 7/1/13.
Quick link to PA 11-176, Undue Hardship Statute and to PA-11-236, revisions to nursing home discharge and transfer statutes ("self-pay" does NOT include T19 pending!)
DSS email from Marc Shok 6/22/11, implementing change on returned transfers
Marc Shok email re: income tax refunds as exempt assets (courtesy Lea Shedd); see also CMS Bulletin on this topic (PDF) - NOTE - EXPIRED 12/31/12
POOLED TRUST "program information bulletin" 4/15/09 (PDF) 4/2007 proposed changes to UPM -- includes procedure pages- 130 pages - long download. NOTE: changed in 2/11/09 responses.See DSS RESPONSES 2/11/09 (PDF) (102 pages).
The LAW: see DRA showing updates to prior law (courtesy of Tim Takacs) plus amendment by Tax Relief & Health Care Act of 2006.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. Medicaid application W-1F (2007 rev) (fillable; please report problems!) Preliminary application W-1 (fill-in PDF) (rev 2002) Spousal Assessment W-1-SA (fill-in form thanks to Steve Keogh) W-1487 CHCPE Home Care request form (Word)- link to DSS site W-1540 and other ANNUITY FORMS (thanks Joe Cipparone) 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-1QMB (new 2010 QMB application form -- made fillable by me (PDF) or DSS site W-982 PCA-Waiver Request Form (made fillable, PDF) SEE: Pilot Guidelines (MS Word) W-1130 ABI Waiver Request Form (made fillable, PDF) W-979 Money Follows the Person Request Form (fillable,on DSS site, PDF) PCA waiver provider application and other forms for those on this program Rev.11/5/2012 Compute CSPA spreadsheet in Excel OR use online (INTERACTIVE) OR if the interactive doesn't work or you use Firefox, try the online-noi link. (don't forget "Family allowance" if applicant has a minor child -- computation not included! 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 1/91 to 7/08 |
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FEDERAL SOURCES |
CONNECTICUT SOURCES |
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| FEDERAL
STATUTES Search Findlaw's US Code (USE CAUTION - not always current) Search House of Rep's US Code (gives the date) Cornell's US Code Popular Name Table U.S. Code Title 42, download (PDF) - current to 2009, try to alter the link with the newer year to see if it is available = http://uscode.house.gov/pdf/2009/2009usc42.pdf View online entire Social Security Act (current to 5/3/11, showin in footer) 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: Title 38 in general Older Americans Act 42 U.S.C. 3001 et seq. (current to 1/1/06); see Older Americans Act Amendments of 2006 (PDF) and Older Americans Reauthorization Technical Corrections Act of 2007 (PDF). Patient Protection and Affordable
Care Act, a/k/a
so-called "health care reform" (unofficial
consolidated version prepared by House Office of
Legislative Counsel) |
STATE
STATUTES
(tax statutes are below under taxes) Entire Connecticut General Statutes 2013 compilation (NB: if out of date, USUALLY you can replace the year included the URL link with the current or most recent ODD-NUMBERED year. ALSO check for updates in even-number years) Search statutes, Public Acts On-line from the 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 -- Title 17b (Social Services 17b-91(f) burial contract 17b-95 estate recovery (DON'T FORGET, federal law preempts! see also 17b-91(e) 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) Important Public Acts (for historical reference) PA 05-209 signed 7/6/05 Transferee Liability (see excerpts) PA 07-02 severely limiting "spousal refusal"; regulating assisted living facilities PA 09-03 (PDF) tax provisions (starts with estate/gift tax) (PDF) PA 09-73 (PDF) permitting residents of RCH to transfer income over the AABD income cap into pooled trust accounts in order to be eligible for AABD PA 10-73 - Sec. 1 NOW REPEALED by PA 11-44 eff 7/1/11 (sec. 178) iincreased community spouse protected amount to "maximum"; Sec. 2 deals with treatment of reverse mortgages, not repealed PA 11-176 - Undue Hardship PA 11-236 - changes to nursing home discharge / transfer rules PA 12-208 VA aid & attendance income disregarded for purposes of Medicaid and others |
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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 Kate McEvoy's "Legislative Update" tracking (PDF) -- - 2011. |
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FEDERAL
REGULATIONS AND POLICY |
STATE REGULATIONS
AND POLICY |
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FEDERAL TAXES (check www.sharinglaw.net/npo/links.htm also) NOTE: See handy chart with 50 state death tax info (McGuire Woods, kudos!) |
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." |
| Aging and Disability Resource Center | Pages escribes different levels of housing support -- you can click and search for everything from independent living on up and see the requirements for different places.. |
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 Developmental Services | DDS (formerly DMR) site --- not so much "elder law" as special needs (of which more information on www.sharinglaw.net/disability/helplinks.htm). Updated with a lot more information and links to programs and even the DDS services manual. |
| 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 Aging Services Division |
Includes
telephone and e-mail directories (including Protective Services) (click for MY
download of DSS Protective Services brochure in PDF); detailed information on
programs for seniors and those with disabilities, the
Department's Elderly Services Manual, available online, aging services publications, (including the
"periodical" Age Matters), explanation
of the State Supplement program (but without the eligibility
numbers, alas), and other publications. Find out where to apply for benefits for a resident of any town
- regional offices. Review the DSS publication "Long-Term Care Issues and
Medicaid"
(current to 1/1/2012 as of this writing)) which is NOT on
the elderly services division publications page and
apparently always includes the current "key
numbers". PROTECTIVE SERVICES: To report cases of suspected abuse, neglect or exploitation, call the toll-free In State referral line at 1-888-385-4225, Out of State call Infoline at 1-800-203-1234. After Hours Elder Abuse Emergencies, In State call Infoline at 211, Out of State call Infoline at 1-800-203-1234. (I'm tired of the State changing the location for this information on its website!) |
| 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 Office of the Health Care Advocate | "The office focuses
on: assisting consumers to make informed decisions when
selecting a health plan; assisting consumers in resolving
problems with their health plans, and; identifying and
advocating on issues, trends and problems that may
require executive, regulatory or legislative
intervention." Access: : 1-866-HMO-4446, FAX: (860)
297-3992 E-mail: Healthcare.advocate@ct.gov |
| CT Insurance Department | A"framed" site, but you can go directly to the page with Medicare supplemental policy rates in Connecticut; page listing companies that offer them; 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 | Link forwards to a page in the Office of Policy & Management agency of CT, but the stuff is still there -- navigate the left-hand column options or this page.. More complete than the Insurance Department site; includes a wealth of statistical information on long-term care, a summary of Medicare eligibility limits for long-term care. Publishes a PDF booklet (current to 4/2011 as of this writing) 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. (PDF) |
| 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.(PDF) |
| 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 operates CT's only "pooled" trust under 42 USC sec. 1396p(d)(4)(c). |
| Reverse Mortgage Info | Low-interest Connecticut-funded CHFA reverse annuity mortgage website info -- has fees ($1,500) rate (7%) and instructions on applying. (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 latest 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. |
| 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. Commercial site - there are probably others. |
| Health Services Division of "APHSA," "a bipartisan, professional, nonprofit organization of representatives of state Health and Human Service agencies (including the District of Columbia and the territories)," formerly known as the "American Public Welfare Association." Fascinating site that alas, has no search function and one suspects the best stuff is in the "members only" section. At one time included a list of Medicaid waivers. Includes collection of pending legislation, State Medicaid Director Letters issued by CMS, etc | |
| 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 chart of the various supplemental policy provisions and summary of gaps in coverage. Redesigned; the "hover buttons" mostly gone -- harder to nagvigate however. |
| Consumer Consortium on Assisted Living | "Consumer-focused advocacy organization devoted to the needs and rights of assisted living residents." No more checklist for evaluating assisted living facilities; you have to spring $14 to order one :( |
| Consumer Reports | Periodic consumer information on nursing homes, long-term care insurance, etc. The comprehensive nursing home info is now gone, but see the link to SNAPforSeniors checklist for evaluating nursing homes -- previously on CR's own site. 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." |
| End of Life Options pages | Thanks to the wonders of the "Wayback machine," this useful article from Dickinson College is still available. Includes summaries of the perspectives from numerous different religions on artificial nutrition and hydration issues as well as medical and ethical discussions. No longer online at Dickinson -- perhaps being updated? we can hope. |
| 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. Or see USA.gov | 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 for Seniors (formerly Access America for Seniors) (on USA.gov) |
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 | Now part of Center for Democracy and Technology. No more link to privacy laws,but does have articles breaking laws down state-by-state, published i 2002. Contains links for HIPAA (large PDF) and the HIPAA regulations. (Also see the DHHS FAQ in Q&A format). |
| Health Resources and Services Administration, U.S. Dept. Health and Human Services | Lists the annual poverty guidelines used to measure eligibility for many programs (PDF) |
| 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); 2008 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. |
| 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. Now owned by National Care Planning Council | |
| 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). Site now has an excellent interactive guide through Medicare copays, deductibles, and coverage information. |
| 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 publications, but I can't
figure out if they still have Nursing Homes:
Getting Good Care There -- their search engine was
not working. |
| National Council on the Aging (unitedseniorshealth.org) | 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 an outdated (1997) state-specific page with connections to Medicaid agencies in most states. 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 (TreasuryDirect) | 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
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