Recommendations of the Elder Law Section approved by Board of Governors/House of Delegates of PBA:

Approved the amended recommendation of the Elder Law Section, which indicates that the Pennsylvania Bar Association is concerned with inadequate consumer protections in the proposed Assisted Living Residence regulation and supports public hearings before the regulation is adopted. The PBA President is authorized to request that any legislative or administrative hearings be scheduled as deemed appropriate. The President or his designee is empowered to speak at those hearings on behalf the Pennsylvania Bar Association. The Section also requests that the Board of Governors act on behalf of the House of Delegates as the public comment period expires on September 8, well before the next House of Delegates session.
2008

Board approved the recommendation of the Elder Law Section, which recommended that PBA formally support the adoption of the New York State Bar Association resolution to the American Bar Association, which seeks to promote an alternative method of financing long-term care needs for older adults and the disabled. The NYSBA, in its recommendation, urges all federal, state, territorial and local legislative bodies and governmental agencies to develop and assess innovative long-term care programs such as the "Compact for Long-Term Care" as a reasonable and fair solution to long-term care financing. (This item was not considered by the House of Delegates since a position was needed prior to the Feb. 11, 2008 ABA House of Delegates meeting.)
2008

That the Pennsylvania Bar Association support the annual revision of the Medicaid penalty divisor to properly reflect the average monthly cost to a private patient of nursing facility care currently in effect in the Commonwealth.
2007

That the Pennsylvania Bar Association formally support legislative and administrative initiatives within the Commonwealth of Pennsylvania to assist family caregivers to provide at-home care of dependent older adults, including those with chronic dementia, and to provide, where appropriate, supportive social services and financial assistance to the family caregivers.
2007

That the Pennsylvania Bar Association actively advocate for the Department of Public Welfare to be required to issue interim regulations to implement the Deficit Reduction Act of 2005, in accordance with the requirements of the Commonwealth Documents Law and Section 403(b) of the Public Welfare Code, 62 P.S.§403(b).
2007

That the Pennsylvania Bar Association actively advocate for repeal of Section 1414 of the act of June 13, 1967 (P.L. 31, No. 21), known as the Public Welfare Code, relating to Special Needs Trusts, and advocate for passage of House Bill 2845 and/or like legislation which would repeal this Section. The term "like legislation" shall be determined by the President of the PBA in consultation with the Elder Law Section through its Executive Committee.

The Pennsylvania Bar Association supports Senate Bill 628 or like legislation relating to Health Care Powers of attorney and authorizes the taking of all appropriate action to advocate its passage. The term "like legislation" shall be determined by the Elder Law Section through its Executive Committee.
2006

That the Pennsylvania Bar Association actively advocate for the passage of House Bill Number 2621 or substantially similar legislation.
2006

Approved the recommendation of the Elder Law Section which requests advocating the passage of HB 2178 as amended.
2006

Approved the recommendation of the Elder Law Section which recommends that PBA lobby Pennsylvania members of the U.S. House of Representatives for a vote against passage of the Budget Reconciliation Bill (Deficit Reduction Act of 2005) or any similar future legislation.
2006

That the Pennsylvania Bar Association actively advocate for the repeal of Sections 4603 and 4606 of Title 23 of the Pennsylvania Consolidated Statutes Annotated.
2005

That the Pennsylvania Bar Association oppose the proposed amendments to the Public Welfare Code that would revise the Medical Assistance eligibility requirements for applicants and recipients in need of long-term care services (LTC). The draft legislation can be found at http://www.phlp.org/Budget/Governor Legislation.pdf.
2005