The Task Force is a significant help to our practices as elder law attorneys, and without it, many of the programs and laws benefiting our clients and loved ones would be in jeopardy. As part of its mission to keep you, a Task Force contributor informed, here is a current update:
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The initial versions of the Clerk's Bill were entirely open-ended and permitted sensitive information regarding litigants to be widely viewed by the public. Through the direction and advocacy of the Task Force, with the assistance of Task Force's lobbyists, Brian Jogerst and Greg Black, the ultimate version of the Clerk's Bill that passed the Legislature restricts access to the litigants' information to Judges, Judicial Staff, and Clerks of Court, at the specific direction of a Judge. A lot of effort went into improving the bill, as there were numerous concerns associated with the general public accessing such sensitive information. |
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ADDRESSING ISSUES IN THE MEDICAID APPLICATION PROCESS |
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In our last issue of the Top Five, we reported the hurdles elder law attorneys around the state are facing when filing Medicaid applications. The issues reported included the following:
- Failure of DCF to assign case numbers
- Failure of CARES to timely provide a level of care
- Inability to be able to communicate with DCF in any manner:
- Five hour telephone wait times
- Arbitrary cut off times for receiving documents and e-mails (without advance notice)
- Four-hour window for Waitlist Interview instead of a time certain interview time
Lobbyists Brian Jogerst and Greg Black are scheduling a meeting with representatives from DCF and DOEA to tackle these issues. In the meantime, the agencies requested specific examples of the problems encountered, including case numbers.
Many thanks to those of you who submitted detailed information about your problems with the Medicaid application process. Randy Bryan reviewed the responses and identified the best cases to present to DCF and DOEA as part of the upcoming meeting. However, this project highlighted the need for a more efficient way to gather data from Elder Law Section and AFELA members. The goal is to provide attorneys with the ability to report problems when they happen so the data can be reviewed and quickly produced in the future. Britton Swank crafted a Checklist of Application Process Issues, and Jason Waddell is automating the form. The hope is that once the checklist is provided to our members, it will be used each time a problem is encountered. The better evidence we have to document the challenges we face, the stronger our position will be.
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ADVOCATING FOR ACCESS TO AHCA FINAL ORDERS |
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Since 2017, AHCA hearing officers have entered final orders on all challenges to actions taken by Medicaid Managed Care, including the Long-Term Care Waiver program. However, AHCA has chosen not to publish redacted versions of these Final Orders on the centralized database maintained through the DOAH website as required by the Administrative Procedures Act. After being quoted hundreds of dollars to get copies of selected Final Orders through a public records request, Task Force member Nancy Wright filed a circuit court action challenging this lack of transparency. Although the circuit ruled in favor of AHCA, the decision was appealed to the First District Court of Appeal. AFELA and the Elder Law Section are seeking approval from the Florida Bar to file an amicus brief to assure access to these decisions so that we may appropriately advise our clients on how Medicaid decisions are being made and to better monitor the state's compliance with federal law.
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SACHS MEDIA HIRED AS PR FIRM TO PROMOTE ELDER LAW ATTORNEYS |
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The Elder Law Section now has a PR Firm, SACHS MEDIA, to help spotlight the great work elder law attorneys do in our state. We are honored to have the Director of Media Relations, Kelly Corder, working directly with the Task Force and attending our weekly meetings. In doing so, Kelly better understands the issues brought to the Task Force and receives updates from our lobbyists. This allows her team to formulate the best ways to educate Florida's residents about our positions. |
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POOLED TRUST: WHAT ARE THE RULES? |
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For months, Twyla Sketchley has continued to fight for more information about the evolution of DCF’s proposal to target pooled trust use by those over age 65. By using public records requests, we hope to uncover why pooled trusts were targeted, who was involved, and DCF's ultimate objectives. DCF records continue to be released, and the who, what, when, where, and why puzzle is still being put together. Meanwhile, DCF has not moved forward on implementing the new 64-year age limit for Pooled Trusts. To be continued… |
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Contributions to The Florida Joint Public Policy Task Force are used to pay the costs of public records requests, filing fees, a government relations professional who lobbies the legislature and administrative agencies on issues like those outlined above, a public relations professional who works to educate the public on the importance of elder law attorneys and these issues, and a legislative consultant that monitors and analyzes legislation of importance to elder law attorneys and Florida's elderly and citizens with disabilities. The rest of The Task Force accomplishments are provided by volunteers who not only contribute financially, but also provide time, expertise, and office resources.
The Florida Joint Public Policy Task Force for the Elderly and Disabled is a combined effort of the Academy of Florida Elder Law Attorneys and the Florida Bar's Elder Law Section.
Please consider renewing or increasing your contribution in 2022. Let's make sure that this good work continues! Click here to download the 2022 Task Force Contribution Form.
EMMA HEMNESS ELLEN MORRIS
Task Force Co-Chair Task Force Co-Chair
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TASK FORCE MEMBERS
Meetings occur weekly on Thursday mornings from 8am to 9am to address general issues applicable to the Elder Law practice in Florida.
Task Force Members: Ellen Morris, Co-Chair, Emma Hemness, Co-Chair, Grady Williams, Heather Kirson, Mike Jorgensen, David Jacoby, Britton Swank, Steve Hitchcock, William Johnson, Shannon Miller, Carolyn Landon, Howie Krooks, Victoria Heuler, Amy Fanzlaw, Debra Slater, Nikki Boone Melby, Rebecca Bell, Travis Finchum, Nancy Wright, Lauchlin Waldoch, Cary Moss, Randy Bryan, John Clardy, Len Mondschein, Jill Burzynski, Matthew Rheingans, Twyla Sketchley, Collett Small, Jason Waddell, Sam Boone, and Marjorie Wolasky.
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Our Mission
The Florida Joint Public Policy Task Force for the Elderly and Disabled works daily on behalf of Florida's most vulnerable citizens and their families, as well as for the practice of Elder Law, through advocacy, outreach and education. We are a combined effort of the Academy of Florida Elder Law Attorneys and the Elder Law Section of The Florida Bar.
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