http://www.specialneedsplanners.com/rss/ Article Links to specialneedsplanners.com en-us Wed, 22 Feb 2012 12:42:34 EDT Copyright 1999-2010 Academy of Special Needs Planners Admin@SpecialNeedsPlanners.com (Editor) webmaster@specialneedsplanners.com (Webmaster) http://www.specialneedsplanners.com/resources/article.asp?id=19551&section=3&state= The Supreme Court of Oklahoma rules that a district court erred when it dismissed an attorney&#039s motion for approval of a contingency fee agreement that was signed by the guardian of a personal injury victim because a court&#039s pre-approval of a contingency fee agreement in a guardianship matter is not required and the passage of time is not, in itself, a bar to recovery. In The Matter of Stanfield (Okla., No. 107292, Feb. 2, 2012). http://www.specialneedsplanners.com/resources/article.asp?id=19551&section=3&state= http://www.specialneedsplanners.com/resources/article.asp?id=19550&section=3&state= A New York appeals court finds that the state improperly denied a seven-year-old Medicaid recipient&#039s request for a "standing device" after she met her burden of proving that the device was medically necessary. Godfrey v. Shah (N.Y. Sup. Ct. App. Div. 4th Dept., 2012 N.Y. Slip Op 00564, Jan. 31, 2012). http://www.specialneedsplanners.com/resources/article.asp?id=19550&section=3&state= http://www.specialneedsplanners.com/resources/article.asp?id=19548&section=3&state= A New York trial court does not allow a Medicaid recipient who signed a settlement agreement to reduce Medicaid liens based on the U.S. Supreme Courts Ahlborn decision because the settlement stipulated that Medicaid liens would be paid in full. Morales v. New York City Health and Hospitals Corp. (N.Y. Sup.Ct., N.Y. Co., No. 101916/05, Dec. 6, 2011). http://www.specialneedsplanners.com/resources/article.asp?id=19548&section=3&state= http://www.specialneedsplanners.com/resources/article.asp?id=19546&section=3&state= A federal district court denies Washington, D.C.,&#039s efforts to dismiss a proposed class-action lawsuit brought by institutionalized Medicaid recipients who claim that the District is unnecessarily institutionalizing people with disabilities in violation of the Americans with Disabilities Act (ADA) and the Rehabilitation Act. Day v. District of Columbia (D.D.C., No 10-2250(ESH), Feb. 14, 2012). http://www.specialneedsplanners.com/resources/article.asp?id=19546&section=3&state= http://www.specialneedsplanners.com/resources/article.asp?id=19545&section=3&state= To change a trust, a mechanism called decanting is becoming more available to trustees, with twelve states specifically authorizing a trustee to move assets from one trust to a new one. http://www.specialneedsplanners.com/resources/article.asp?id=19545&section=3&state= http://www.specialneedsplanners.com/resources/article.asp?id=19536&section=3&state= A federal district court certifies a class action and issues a preliminary injunction barring North Carolina from changing the requirements that Medicaid recipients must meet in order to receive personal care services. Pashby et al v. Cansler (E.D.N.C., No. 5:11-CV-273-BO, Dec. 8, 2011). http://www.specialneedsplanners.com/resources/article.asp?id=19536&section=3&state= http://www.specialneedsplanners.com/resources/article.asp?id=19535&section=3&state= The United States Supreme Court rules that a "called" teacher cannot pursue a disability discrimination claim against her former employer, a Lutheran school, because the First Amendment prevents courts from interfering with a religious organization&#039s decision to hire or fire a religious minister. Hosana-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission (565 U.S. ______, Jan. 11, 2012). http://www.specialneedsplanners.com/resources/article.asp?id=19535&section=3&state= http://www.specialneedsplanners.com/resources/article.asp?id=19534&section=3&state= Eric Skidmore, the Social Security Administration&#039s Director of Deeming, Income, Resources, and State Supplementation Team with the Office of SSI and Representative Payee Policy, will attend ASNP&#039s Annual Meeting and has asked members to submit questions in advance. http://www.specialneedsplanners.com/resources/article.asp?id=19534&section=3&state= http://www.specialneedsplanners.com/resources/article.asp?id=19530&section=3&state= The Supreme Court of South Carolina rules that the state Medicaid agency cannot adopt a lower age-of-onset requirement for purposes of determining whether someone is "mentally retarded" than the age-22 age requirement set out in state law. Doe v. South Carolina Department of Health and Human Services (S.C., No. 27083, Dec. 28, 2011). http://www.specialneedsplanners.com/resources/article.asp?id=19530&section=3&state= http://www.specialneedsplanners.com/resources/article.asp?id=19529&section=3&state= The Ninth Circuit Court of Appeals reverses a U.S. district court&#039s decision to deny a preliminary injunction in a case challenging the state&#039s across-the-board reduction of personal care attendant hours due to budgetary constraints. The court finds that there is a likelihood of irreparable injury to the plaintiffs, who face a serious risk of institutionalization due to the reduction in hours. M.R. v. Dreyfus (9th Cir., No.11-35026, Dec. 16, 2011). http://www.specialneedsplanners.com/resources/article.asp?id=19529&section=3&state=