On April 16, 2012, the Eighth Circuit Court of Appeals issued a decision in case No. 11-2158, Center for Special Needs Trust Administration, Inc. v. Carol Olson, etc., affirming the district court’s decision that the pooled trust statute affords the Center a right of action under 42 U.S.C. 1983; that the Center did have standing; and that although North Dakota’s regulations appeared to conflict with federal law, transfers by beneficiaries over age 65 to pooled trusts are subject to Medicaid’s improper transfer penalties. (Attached.)
The Center refused a demand for reimbursement to North Dakota and sued for a declaratory judgment that North Dakota violated federal law by demanding payment from the Center and that state regulations regarding retaining residual amounts after the death of a beneficiary of pooled trusts conflict with federal law. North Dakota argued that because the beneficiary at issue was over 65, that the beneficiary was subject to a transfer penalty.
The Court found that North Dakota expressly reserved the right to apply its regulations against the Center in the future, and therefore the Center has standing as an injured party. Turning to the merits, the Court found that the Center has a cause of action under section 1983, notably refusing to follow reasoning from the Tenth Circuit case of Hobbs v. Zenderman, 579 F.3d 1171, 1179 (10th Cir. 2009). The Court then addressed a 2008 letter from CMS which the district court deferred to extensively in its decision, noting that the district court should not have deferred to the letter and that it did not deserve Chevron deference. (more…)
William J. Browning, CELA:
The Man With the Common Touch
Active at national, state, and local levels, Bill Browning has made a difference for his clients and for Elder and Special Needs Law.
When I first met William J. Browning (hereafter identified as Bill), I was clerking at a private law firm that had a probate practice and Bill was working as a clerk at the Franklin County Probate Court for the well-respected and renowned Judge Richard B. Metcalf. I was three years ahead of Bill in law school and therefore our paths did not cross often at law school, but occasionally. Thus ensued our friendship of 32 years, which ultimately turned into a 16-year partnership.
Bill is a product of his upbringing. He was raised in rural Ohio by two loving parents, William and Mary. He has two brothers and two sisters, all of whom are accomplished in their own fields. His mom and dad were high school educated citizens who worked hard to raise their family. Bill’s rural upbringing afforded him a country touch. From an early age, Bill learned the lessons of frugality and hard work, which have never abandoned him. He was driving a pickup truck by age 12, which he maintained through various country mechanisms showing creativity and genius early. In those days, the county sheriff did not care if you drove without a license as long as he knew your family and who to complain to in the event of an accident.
Richard Meyer is a founding partner of Browning, Meyer &Ball Co., LPA, Columbus, Ohio. He and William Browninghave practiced law together for 16 years.
David S. Banas, our long-time law clerk, successfully passed the July 2011 Bar Exam, and recently took his oath of office as an attorney in front of an open session of the Ohio Supreme Court. He is now an associate of the firm.
Browning, Meyer & Ball Co., LPA is pleased to announce its sponsorship of the 10th annual Columbus Buddy Day Walk on Sunday, September 18, 2011 at the Columbus Crew Stadium. The Buddy Walk was developed by the National Down Syndrome Society (NDSS) to promote acceptance and inclusion of people with Down syndrome. Browning, Meyer & Ball is honored to be part of the support network for NDSS in providing the public with information and education as it pertains to Down syndrome.
On May 18, 2011, the Ohio Supreme Court cited Browning, Meyer & Ball partners William Browning and Richard Meyer as an authority on Ohio recovery of estate assets for Medicaid reimbursement. The citation was noted in Slip Opinion No. 2011-Ohio-2267. In Re Estate of Centorbi.
Download the full Ohio Supreme Court Opinion
On May 19-21, 2011 in Las Vegas, Nevada, the National Association of Elder Law Attorneys (NAELA) is holding the Elder and Special Needs Law Annual National Conference. The Elder & Special Needs Law Annual National Conference provides Elder and Special Needs practitioners a unique opportunity to learn and engage with leaders in the field. The focus of this year’s meeting is current legislation, the tax code and updates in health care reform and case law. William J. Browning of Browning, Meyer & Ball Co., LPA located in Columbus, Ohio is speaking at the National Conference about the Ethical Duties of Elder Law attorneys and the challenges that arise in the field.
NAELA is a professional association of over 4,200 attorneys who are dedicated to improving the quality of legal services provided to seniors and people with special needs. Prior to the event, NAELA is hosting a basics workshop that will cover an overview of long-term care issues, an introduction to Medicare and Long-term care, and VA Basics. From Thursday through Saturday, the topics include “National Guardianship Newtork Session Standards for Guardianship Decision Making,” “What Every Elder Law Attorney Should Know about Alzheimer’s Disease,” and “Financial Literacy for a Client with Special Needs.”
Browning, Meyer & Ball, Co. partner, Richard Meyer was inducted as a fellow into the Ohio State Bar Foundation in May 2011.
From left: Justice Pfeifer, Richard Meyer, Justice Lanzinger, Justice Cupp, Justice O’Donnell.
About the Ohio State Bar Foundation:
The Ohio State Bar Foundation is the charitable arm of the Ohio State Bar Association. We are driven to improve public understanding of the law and build a better justice system. New Fellows champion a project addressing a specific legal need each year, and our partners and friends support our goals in numerous ways.
Browning, Meyer & Ball, Co., LPA is a proud to sponsor and participate in the 2011 Franklin County NAMI Walks. NAMI Walks—Changing Minds…One Step at a Time is a nationwide event being held in 83 communities around the country in 2011. It is the largest anti-stigma effort in central Ohio and America. It raises public awareness about mental illness and allows individuals with mental illness and their families and friends, as well as the larger community, to gather for this special day. The Franklin County event hosts over 50 teams from various communities all over Ohio and features a program of local personalities and celebrities as well as live music to kick off the event. The Walk features food, information booths, and prominent recognition of media, business, and health care sponsors. (more…)