http://www.specialneedsplanners.com/rss/ Article Links to specialneedsplanners.com en-us Thu, 17 May 2012 08:43:28 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=19582&section=3&state= A California appeals court upholds a trial court&#039s order establishing a special needs trust for a 23-year-old man with developmental disabilities over his mother&#039s objection because the court finds that the trust will allow him to access SSI and Medicaid and preserve his rapidly dwindling assets. In Re: Conservatorship of Anthony Thomas (Cal. Ct. App. 4th Dist., No. D058468, April 16, 2012) (unpublished). http://www.specialneedsplanners.com/resources/article.asp?id=19582&section=3&state= http://www.specialneedsplanners.com/resources/article.asp?id=19581&section=3&state= A federal district court grants summary judgment in favor of the plaintiffs in a class action lawsuit alleging that the state of Georgia has failed to provide adequate mental health services to deaf Medicaid waiver service recipients. Belton v. Georgia (N.D. Georgia, No. 1:10-CV-0583-RWS, March 30, 2012). http://www.specialneedsplanners.com/resources/article.asp?id=19581&section=3&state= http://www.specialneedsplanners.com/resources/article.asp?id=19580&section=3&state= A federal district court refuses to grant a preliminary injunction preventing the state of Washington from implementing new, lower base hours for Medicaid recipients under 21 who receive personal care attendant services because the plaintiffs have not shown that they will be denied appropriate services. D.B. v. Dreyfus (W.D. Wash., No. C11-2017 R.B.L., March 15, 2012). http://www.specialneedsplanners.com/resources/article.asp?id=19580&section=3&state= http://www.specialneedsplanners.com/resources/article.asp?id=19579&section=3&state= Affirming a district court ruling, the 8th Circuit Court of Appeals rules that North Dakota properly assessed a transfer-of-assets penalty against a 78-year-old Medicaid applicant who had funded a pooled trust account prior to applying for benefits. Center for Special Needs Trust Administration, Inc. v. Olson (8th Cir., No. 11-2158, April 16, 2012). http://www.specialneedsplanners.com/resources/article.asp?id=19579&section=3&state= http://www.specialneedsplanners.com/resources/article.asp?id=19575&section=3&state= The 4th Circuit Court of Appeals rules that when a personal injury settlement does not include an allocation of past medical expenses, a Medicaid recipient is entitled to an adversarial proceeding to challenge the state&#039s automatic claim for one-third of the settlement. E.M.A. v. Cansler (4th Cir., No. 10-1865, March 22, 2012). http://www.specialneedsplanners.com/resources/article.asp?id=19575&section=3&state= http://www.specialneedsplanners.com/resources/article.asp?id=19569&section=3&state= The Supreme Court of South Dakota rules that the state Medicaid agency may assess transfer penalty periods when individuals over age 65 fund pooled trusts, despite a lower court&#039s previous issuance of a declaratory judgment stating that transfers into a particular pooled trust could not be penalized. In re Pooled Advocate Trust (N.D., Nos. 25536 & 25902, March 28, 2012). http://www.specialneedsplanners.com/resources/article.asp?id=19569&section=3&state= http://www.specialneedsplanners.com/resources/article.asp?id=19566&section=3&state= The Supreme Court of Vermont rules that the state cannot assert a Medicaid lien against the portion of a settlement attributable to past medical expenses that were paid by the personal injury victim. Doe v. Vermont Office of Health Access (Vt., No. 2011-045, March 9, 2012). http://www.specialneedsplanners.com/resources/article.asp?id=19566&section=3&state= http://www.specialneedsplanners.com/resources/article.asp?id=19565&section=3&state= A federal district court disburses a $47,315.61 settlement directly to a man with mental illness after his attorneys claimed that no one would agree to serve as the trustee of a special needs trust that could hold the funds for his benefit. Beaty v. City of Fresno (E.D.Cal., No 1:09-cv-01684 LJO JLT, March 1, 2012). http://www.specialneedsplanners.com/resources/article.asp?id=19565&section=3&state= http://www.specialneedsplanners.com/resources/article.asp?id=19561&section=3&state= A Florida court rules that the state cannot refuse to pay for personal care attendant services for transportation of a child with autism because his physician ordered the services and the state&#039s witnesses at a hearing challenging the state&#039s ruling contradicted one another and did not apply proper standards for determining whether a service was necessary. I.B. v. Florida Agency for Health Care Administration (Fl. Dist. Ct. App., 3d Dist., No. 3d11-596, Feb. 29, 2012). http://www.specialneedsplanners.com/resources/article.asp?id=19561&section=3&state= http://www.specialneedsplanners.com/resources/article.asp?id=19560&section=3&state= The Supreme Court of New Jersey rules that a residential facility for people with developmental disabilities does not have a non-delegable duty to protect residents from the tortious acts of its employees and the facility is not liable under a theory of respondeat superior after an employee scalded a resident with boiling water. Davis v. Devereux Foundation (N.J., No. A-54/55, Feb. 29, 2012) (unpublished). http://www.specialneedsplanners.com/resources/article.asp?id=19560&section=3&state=