Hartford, Connecticut (May 27, 2021) – Today, Connecticut’s premier elder attorneys group is praising state House members for voting unanimously in favor of senior fraud protection legislation (H.B. 6458).
Creating a task force to study ways for protecting seniors from fraud is the bill’s aim. The task force will review the planning services available to Medicaid applicants, according to the amended bill passed unanimously by the state House of Representatives.
“Thanks to members of the state’s House of Representatives for their overwhelming support of this measure, which plays a pivotal role in better protecting Connecticut seniors from fraud,” said Steven L. Rubin, the president of Connecticut’s chapter of the National Academy of Elder Law Attorneys (CT-NAELA). “Connecticut’s population isn’t getting any younger, yet new ways to defraud seniors are born every day. That’s why now more than ever, we must take action to beat back fraud, which includes tackling the unlicensed practice of law with the Medicaid application and planning process.”
Rubin noted that Medicaid is not only a lifeline for vulnerable folks, including the elderly, but it’s also big business. That translates, unfortunately, into the program being ripe for fraud. And one specific area that needs addressing: the unlicensed practice of law relating to the cumbersome Medicaid application process and planning.”
Connecticut’s senior population increasingly relies on Medicaid funds. Over 80 percent of the revenue Connecticut nursing homes generate is from patients covered by Medicaid (up from 70 percent pre-COVID). This translates into Medicaid not only serving as a lifeline for vulnerable folks, including the elderly, but it’s also big business (making the program, unfortunately, ripe for fraud), according to Rubin
Joan Wilson, CT-NAELA’s president-elect (i.e., president in waiting), noted that some companies will offer to prepare a Medicaid application for an individual, and advise against hiring a lawyer. However, Medicaid planning presents a legal juggernaut, and non-attorney application assistors far too often wrongly try to play lawyer, to the detriment of Connecticut’s seniors and their families.
“It can result in high costs to seniors — both emotionally and financially — such as increased penalty periods, lost assets, and denial of benefits,” said Wilson. “It’s fraud, plain and simple. This problem has led Florida, Ohio, New Jersey, and Tennessee to implement regulations to define Medicaid planning done by non-lawyers as the unauthorized practice of law.”
State Representative Quentin Phipps, who has championed the bill as co-chair of the state’s Aging Committee, noted in a recent Connecticut Mirror op-ed that Medicaid Planning is a policy area where strengthening measures should be, at least, studied.
Phipps, in the op-ed, also stated: “There are two important dynamics at play here: One, this is yet another policy area where we have an opportunity to be at the forefront of bettering our state for residents, and shouldn’t pass it up. Two, we have to make protecting seniors from financial loss and fraud a top priority.”
Rubin added: “Thanks to Representative Phipps for leading the charge to protect seniors from fraud. And, thanks to his fellow state House members for supporting this important legislation. I urge the state Senate to follow suit in passing the bill and Governor Lamont to sign it into law.”
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