KB Times
  Katten & Benson, Your Elder Law Specialists
September 2009 - Vol 2, Issue 9
In This Issue
Did You Know?
What the Legislature Did
Medicaid Change
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Did You Know?
In the 81st Texas Legislature that ended in June:
  • 7419 bills were introduced
  • 1459 bills were passed
  • 35 bills were vetoed
Texas Capitol
What the Legislature Did
KB LogoIf you're a political junkie, you know that the Texas Legislature's 81st session ended in June. If you're not a political junkie--now you know!
This is important because  many of the laws that were passed go into effect today.

Crimes Against Older Adults
One, HB 2328, increases the level of felony in forgery and identity theft cases if committed against "elderly individuals" (65 years or older). It also increases credit and debit card abuse to a third degree felony if committed against elderly individuals.

Advance Directives
HB 2585 has made some significant changes in the execution of certain documents. If you have executed a medical power of attorney, living will or out of hospital DNR, you might recall that you had to have two people witness your signature, and that at least one of them could not be related to you or benefit from your Will. Going forward these documents will only need to be notarized. Even though this change is effective today, the Health and Human Services Commission has until December 1 to issue new forms. Until the statutory forms are developed, most attorneys could draw up a form with a place for the notary instead of the witnesses.
Medicaid Change
Nurse and Doctor

 
If a Medicaid applicant gives goods or money away, the penalty period for eligibility is figured by taking the total amount of the gift and dividing by the average cost of nursing home care in the state.

For the last year that average has been $122.50. Starting today the average cost of nursing home care is now $130.88.
Please feel free to share this newsletter with your friends, colleagues and clients (we never share our email list). We look forward to helping you and your clients with your long term care planning needs.
 
Sincerely,
 
Kim Olmedo, LCSW, CCSM, CSW-G
Elder Care Coordinator
Katten & Benson