Posted by admin on January 9, 2018 · Leave a Comment
Across the state, around 11 am, millions of students flood cafeterias ready to eat. Many have packed lunches from home. Others buy their lunches from the school cafeteria.
As students approach the cash register they enter a pin number, say their name, or pay for the meal with cash. What about those who can’t pay? What about those whose parents didn’t add money to their account?
Unfortunately, more than three-quarters of schools report they have some amount of school meal debt. They tackle this issue in various ways, none of which are appetizing. These include:
– stamping a child’s hand,
– offering students an alternative meal, like a cheese sandwich or cereal bar,
– making them work for their meal by cleaning classrooms or sweeping the cafeteria, or
– no meal at all.
Sometimes, meals are thrown out in front of the student, and the student leaves empty-handed.
While the state’s Department of Education is working to correct lunch shaming policies, Delegate Patrick Hope (D-Arlington) filed a bill (HB50) to give the issue a legislative punch. This bill aims to address the stigma, embarrassment, and shame students feel when given an alternative lunch, forced to work for their food, or given a public identification such as a stamp. Public identification would be prohibited and schools would be barred from disposing of meals that have been served to a child. To keep children out of a process they should never have been a part of, communications about debt and adding money to accounts would solely be between the school and parents or legal guardians.
“In an effort to alert parents that a student’s school lunch account is out of money, some schools use what I believe are embarrassing tactics,” states Delegate Hope. “I don’t think it’s deliberate but the result can be the same and I just believe there’s a better way to communicate this message to parents. This legislation will require schools to think of more creative ways to communicate this message to parents in a way that doesn’t inadvertently embarrass children.”
Many of the students who accumulate a meal debt come from low-income households that already struggle with finances. Due to this fact, the bill encourages schools to adopt programs that ensure all students who are eligible for free and reduced-price meals receive them. Federal programs like the Community Eligibility Provision not only ensure that students who are eligible for free and reduced-price meals receive them but potentially benefit the entire student population by making their meals free as well.
This issue isn’t specific only to Virginia. Other efforts are catching fire across the nation. New Mexico passed a similar anti-shaming law in April, the first of its kind, while other states are seeing cafeteria workers quit or pay for meals out of their own pockets rather than continue with current practices. A nationwide increase of individuals donating to pay off remaining balances was started from a tweet. This issue knows no political party or demographic. Other issues may be divisive but few enjoy the bipartisan support that anti-shaming bills gather.
Current lunch-shaming policies don’t provide solutions, only embarrassment and hunger. No student deserves to be stigmatized due to their parents’ inability to pay. The state legislation is a great effort, but the real work needs to be done within each one of our children’s school districts. Here’s what you can do:
ACTION:
- Contact your delegate and urge them to support HB50.
- Reach out to your local school’s nutrition department and ask them about what they do to collect unpaid meal debt and what happens when children don’t have money for lunch.
- Talk to them about the above issues.
- Have a polite conversation, hang up, and then let us know you did it!
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Posted by admin on January 5, 2018 · Leave a Comment
Q. My sister Sophie is intellectually disabled, but has a knack for baking. She recently enrolled in cooking school to work towards her dream of becoming a pastry chef. My family has been assisting Sophie with her educational expenses by contributing to an ABLE account for her, because it doesn’t affect any other government benefits for which she may be eligible. Last year, accounts were limited to $14,000 in deposits per year. I heard that amount has been increased to $15,000 this year, which is great. What I’m concerned about is if the ABLE Act will be affected by the new tax law, and if so, how? Thanks for your help!
A. ABLE (or Achieving a Better Life Experience Act) accounts allow individuals, such as your sister, the opportunity to save and fund a variety of Qualified Disability Expenses without endangering eligibility for certain benefits that are critical to their health and well-being, such as Medicaid and Supplemental Security Income (SSI).
Late last month, the Tax Cuts and Jobs Act of 2017 was signed into law with most provisions applicable beginning in calendar year 2018. Virginia529, the agency that administers the ABLEnow program in Virginia, as well as the country’s largest college savings plan, closely monitored this legislation and met with legislators in December to discuss aspects of the proposal.
For 2017, and for tax returns filed in 2018, there are no changes to ABLE programs. However, there are some changes for years to come.
For instance, a provision in the new tax law allows families who have saved money in 529 savings accounts to roll over up to $15,000 each year from a 529 account to an ABLE account. To do so, the 529 account must be for the same beneficiary as the ABLE account or for a member of the same family as the ABLE account holder. Many disability advocates had previously pushed for this change via a bill known as the ABLE Financial Planning Act.
Also as part of the new tax bill, while 529 accounts could previously only cover costs for college, they can now pay for a child’s K-12 education in a public, private or religious school.
Mary Morris, CEO of Virginia529 and ABLEnow stated, “Along with disability advocates and other ABLE program managers, we hope to see future legislation that removes even more ABLE Act restrictions to expand this empowering financial tool to additional Americans with disabilities. We will continue to work with sponsors in Congress to move ABLE programs forward.”
Below is an overview of ABLE Act updates resulting from the new tax law:
- Inflation Adjustments: The Internal Revenue Service (IRS) recently announced a multitude of tax year 2018 annual inflation adjustments, including an increase to Section 2503, the federal gift tax exclusion. Section 529A(a)(2) of the Stephen Beck Jr. Achieving a Better Life Experience (“ABLE”) Act (PL 113-225)
- The annual contribution limit for ABLE accounts will be tied to section 2503(b) of the federal tax code, so any inflation adjustment to this section automatically adjusts the annual ABLE contribution limit.
- The tax bill also includes changes to benefit ABLE account beneficiaries earning income from employment. These individuals will be able to make ABLE contributions above the $15,000 annual cap from their own income up to the Federal Poverty Level, which is currently $11,770 for a single individual, provided they do not participate in their employer’s retirement plan. This change was previously proposed in legislation known as the ABLE to Work Act.
- Savers’ Tax Credit: Individuals saving in an ABLE program may be able to take advantage of the Savers’ Credit for contributions to their ABLE account (subject to all existing eligibility and income limits).
- ABLE Financial Planning Act: Transfers from a 529 college savings account to an ABLE account are considered a qualified distribution, providing flexibility to move funds between programs without incurring any tax or penalty.
The rollover can be in amounts up to the annual ABLE contribution limit.
Both accounts must have the same beneficiary or a member of the same family.
For more information about ABLE accounts, please visit the ABLE National Resource Center at www.ablenrc.org. For the ABLE Act in Virginia, visit ablenow.com. Please also refer to our article about the ABLE Act, here (link to https://www.farrlawfirm.com/critter-corner-2/critter-corner-able-account-loved-one-disability/).
Have an ABLE account? Why a Third-Party Special Needs Trust is Still Recommended
Although your family already has an ABLE account in place for your sister, a Third Party Special Needs Trust is still highly recommended. Why? Unlike an ABLE account, assets remaining in a properly established Third Party Special Needs Trust are not recoverable by Medicaid at the time of the beneficiary’s death, because a Third Party Special Needs Trust is funded using the assets of a parent, grandparent, sibling, or other third party. This allows the creator of the trust and other family members to provide for a secondary beneficiary. Therefore, an ABLE account should NOT be used as a substitute for a Third Party Special Needs Trust, but rather only a limited substitute for a First Party Special Needs Trust. A Third Party Special Needs Trust is recommended to protect a disabled individual’s financial future. This type of trust preserves legal eligibility for federal and state benefits by keeping assets out of the disabled person’s name while still allowing those assets to be used to benefit the person with special needs. Read more here.
Special Needs Planning
When it comes to special needs planning, The Farr Law Firm can guide you through this process. If you have a loved one with special needs, call us to make an appointment for a no-cost initial consultation:
Fairfax Special Needs Attorney: 703-691-1888
Fredericksburg Special Needs Attorney: 540-479-1435
Rockville Special Needs Attorney: 301-519-8041
DC Special Needs Attorney: 202-587-2797
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Posted by admin on January 5, 2018 · Leave a Comment
Hi Bebe,
I recently read your article about the new tax law. It didn’t talk much about healthcare. Do you know how the tax overhaul will affect healthcare?
Thanks for your help,
Heath Kerr
—
Dear Heath,
The new tax law will actually be the most important health care legislation enacted since the Affordable Care Act (ACA) in 2010, according to the Harvard Business Review. The law’s two major health-related aspects are:
– the elimination of the penalties paid by people who fail to have health insurance as required by the so-called “individual mandate,” and
– the bill’s overall impact on the federal deficit — which will increase by an estimated $1.45 trillion after allowing for predicted economic growth.
Older individuals will certainly be affected, though differently in different parts of the country. For example, a 60-year-old not receiving subsidies could face premium increases of $1,781, $1,469, $1,371, and $1,504, respectively, in Alaska, Arizona, Nevada, and Maine.
Harvard Business Review states in a recent article that when it comes to Medicare, the new tax law could mean increasing the eligibility age from 65 to 67 or beyond (resulting in fewer covered elderly), caps on spending per beneficiary (possibly reducing covered benefits), or increases in cost-sharing that would lead to beneficiaries using fewer services. For Medicaid, reforms would likely lead similarly to fewer people covered, reduced benefits, and/or higher cost-sharing.
Because of the speed with which it was pushed through Congress, the health care implications of the tax legislation got little attention in the debate.
We will keep you updated as more information becomes available.
Purrs,
Bebe
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Posted by admin on January 4, 2018 · Leave a Comment
Evelyn believes that her father, Bill, is beginning to exhibit symptoms of Alzheimer’s. His memory loss started out mild, but is beginning to disrupt his daily life. He gets confused often, and loses concept of place and time. At the same time, though, he can engage in a completely normal conversation, and clearly remembers the names of his grandchildren when they call, and remembers to ask them about their extracurricular activities. Evelyn sometimes wonders if it is Alzheimer’s her father may have, or maybe he is stressed, not getting enough sleep, or is just getting older. The doctor said that Evelyn’s dad likely has Mild Cognitive Impairment (MCI), which may or may not progress into Alzheimer’s or another form of dementia in the future.
The Alzheimer’s Association estimates that by 2050, 16 million people will have Alzheimer’s, and it is now the sixth-leading cause of death in the country. Alzheimer’s disease has no cure. But, as with most diseases, early detection is key so families have more time to better deal with the legal, financial, and caregiving aspects that accompany a diagnosis. This is why early detection is currently the top priority for scientists involved with Alzheimer’s research. However, doctors want to be certain that a patient truly has or will develop Alzheimer’s or another form of dementia before making a diagnosis.
Imagine if doctors could determine, many years in advance with nearly 85% certainty, who is likely to develop dementia and who is not. Thanks to three studies that are in progress, there are methods to detect Alzheimer’s early that are that effective.
Artificial Intelligence to Predict Alzheimer’s
Artificial intelligence research conducted at McGill University may have the predictive power researchers are looking for, and could soon be available to clinicians everywhere.
A new study from McGill University shows that artificial intelligence may make it easier to predict whether someone with mild cognitive impairment will develop Alzheimer’s, and is able to do so two years before the onset of dementia symptoms with 84% accuracy. Researchers used an algorithm that included data such as memory test results, glucose metabolism in the brain, PET scans, cerebrospinal fluid and MRIs as a basis for their predictions. Though it will need to undergo more clinical trial testing, researchers hope that this Alzheimer’s algorithm will offer patients more time to plan for their future, and more time to start disease-delaying drugs.
Similarly, researchers at Case Western Reserve University have also been successful in diagnosing Alzheimer’s disease before symptoms begin to interfere with everyday living, initial testing shows. The Case Western computer program integrates a range of Alzheimer’s disease indicators, including mild cognitive impairment.
“Many papers compare the healthy to those with the disease, but there’s a continuum,” said Anant Madabhushi, professor of biomedical engineering at Case Western Reserve. “We deliberately included mild cognitive impairment, which can be a precursor to Alzheimer’s, but not always.” As with the McGill research, researchers continue to validate and fine-tune the approach with data from multiple sites.
Alzheimer’s Blood Test
An experimental blood test has been also shown to accurately diagnose Alzheimer’s, according to a study published in the journal Proceedings of the National Academy of Sciences. Researchers say that using the test, they were able to identify Alzheimer’s patients with up to 86% specificity. The test also differentiated Alzheimer’s from dementia with Lewy bodies, a related condition, with 90% sensitivity and specificity.
For the study, the researchers enlisted the help of 347 participants with neurodegenerative diseases, plus 202 healthy people serving as a comparison group. Participants ranged in age from 23 to 90. The researchers took blood samples from all the volunteers and analyzed the samples with infrared spectroscopy.
Using sensor-based technology, the scientists examined frequencies that revealed chemical bonds in the blood, indicating whether the blood contains traces of a neurodegenerative disease. Along with detecting dementia early, this approach has the potential to differentiate between different types of dementia.
Alzheimer’s Video Game
British researchers are hoping a new video game will produce valuable data to help diagnose the earliest signs of dementia. According to the researchers, getting lost is one of the first signs of the disorder, so researchers are hoping the game can provide a baseline for how people navigate and eventually help doctors identify who’s most at risk.
Each time a person with dementia plays the game, Sea Hero Quest, it tracks their navigational skills and sends the data to scientists. According to creators, playing the game for just two minutes generates as much data as researchers would collect over five hours in a lab. Three million players have already downloaded the game. Hopefully, the game will provide some useful data about diagnosing dementia early.
Benefits of Early Diagnosis
Hopefully, the Artificial Intelligence and the blood test become viable ways to accurately test for Alzheimer’s in the future, and the video game provides helpful data for research. Once people with Alzheimer’s find out that they have the disease, they can take advantage of the benefits to early diagnosis, even though no treatment or cure currently exists. For instance, those who learn that they are likely to have Alzheimer’s could enroll in clinical trials testing possible new treatments. Another potential benefit could be that it will help those with Alzheimer’s work with their family, caregivers, and an experienced elder law attorney, such as myself, to plan for their future and their loved ones.
Medicaid Planning for Alzheimer’s and Other Types of Dementia
Alzheimer’s disease is probably the worst health and social care challenge of our generation, and a diagnosis of the disease is life-changing. When it comes to legal planning for long-term care, generally the earlier someone with dementia plans, the better the result. But it is important to know that it’s never too late to begin the process of Long-term Care Planning, also called Lifecare Planning and Medicaid Asset Protection Planning.
Medicaid planning can even be started by an adult child acting as agent under a properly-drafted Power of Attorney, and even if your loved one is already in a nursing home or receiving other long-term care services.
Medicaid Asset Protection
Do you have a loved one who is suffering from Alzheimer’s or any other type of dementia? Persons with dementia and their families have unique financial and legal issues. Here at the Farr Law Firm, we are dedicated to easing the financial, legal, and emotional burden on those suffering from dementia and their loved ones. We help protect the your hard-earned assets while maintaining your comfort, dignity, and quality of life by ensuring eligibility for critical government benefits such as Medicaid and Veteran’s Aid and Attendance. As always, please feel free to call us for a no-cost initial consultation:
Fairfax Medicaid Planning: 703-691-1888
Fredericksburg Medicaid Planning: 540-479-1435
Rockville Medicaid Planning: 301-519-8041
DC Medicaid Planning: 202-587-2797
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Posted by admin on January 4, 2018 · Leave a Comment
As you are aware, Virginia Poverty Law Center lobbies members of Virginia General Assembly on behalf of low-income Virginians. We provide the public and policymakers the background knowledge, context, and understanding of how laws and regulations are affecting our clients. Most of our lobbyists are lawyers experienced in not only policy advocacy but also litigation and legal education.
When the General Assembly starts next Wednesday, January 10th, Virginia legislators can no longer raise campaign funds. Just before this deadline, many elected officials have pricey before-session receptions, pre-session legislative breakfasts and other fundraisers which VPLC’s lobbyists are invited.
We do not go to these fundraisers because we have no funds, just like our clients, to donate to legislators. We do however have facts to share with legislators about the lives of low-income Virginians.
Therefore next Tuesday, January 9th, on behalf of Virginia’s lower-income citizens, Virginia Poverty Law Center is holding a before-session breakfast reception, Facts Not Funds. We have extended an invitation to our legislators to attend and learn how they can stand up for lower-income Virginians during the upcoming session and how our lobbyists can help.
We may not have Funds to donate to legislators, but we do have Facts and are ready to provide those to our legislators Tuesday, January 9th.
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