My mother is in a nursing home. Does the woman who is acting as an agent under my mother's medical power of attorney have any...Read more
Court Rejects ELA Attorney's Challenge to Medicaid Transfer Law
- November 22nd, 2013
The last of the cases challenging the constitutionality of the Deficit Reduction Act of 2005 (DRA) has been dismissed by the U.S. District Court of the Southern District of Alabama.
The challenge had been filed by ElderLawAnswers member attorney Jim Zeigler, who sued because the version of the DRA voted on by the House was not identical to that passed by the Senate, in apparent violation of the U.S. Constitution's requirement that both chambers of Congress pass identical versions of a bill before the bill can be signed into law by the President. (See "Elder Law Attorney Sues Over New 'Law' Affecting Medicaid Transfers")
Local Elder Law Attorneys in Ashburn, VA
Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
For Jeffrey Hammond, the practice of Elder Law is personal. Jeff’s many years of experience in law and in business did not prepare him for the crisis he faced in 2005 and 2006 when his father suffered a stroke and both of his parents suffered from dementia and other medical problems. At that time, Jeff began an i...
Hale Ball Carlson Baumgartner Murphy PLC
Loretta Morris Williams is a certified elder law attorney by the National Elder Law Foundation. Ms. Williams was admitted to the Council of Advanced Practitioners, National Academy of Elder Law Attorneys (NAELA) in 2012. She serves as President of the Virginia Academy of Elder Law Attorneys. Ms. Willia...
Law Offices of John L. Laster
John Laster is a lawyer licensed to practice in Virginia, Maryland and the District of Columbia. He limits his practice to wealth transfer planning, trusts, wills, powers of attorney, health care decision-making issues, estate administration and related tax, elder law and disability concerns. Listed in The Best Lawyers...
Among various cuts in social programs, the DRA placed severe restrictions on the ability of the elderly to transfer assets before qualifying for Medicaid coverage of nursing home care. The legislation barely passed both houses of Congress, but the President signed a bill that had been passed by the Senate but not the House of Representatives. In addition to Zeigler, others challenging the DRA on these grounds were the consumer group Public Citizen, Rep. John Conyers (D-MI) and ten other members of Congress, an independent professional student loan firm, and two individual Federal Family Education Loan (FFEL) institutions. Federal courts have dismissed all these suits.
In her ruling on Zeigler's suit, federal judge Callie Granade granted the Justice Department's motion to dismiss because of an 1892 Supreme Court ruling that enunciated "the enrolled bill doctrine." In that ruling, Marshall Field & Co. v. Clark (143 U.S. 649 (1892)), the Court said that once the President has signed a bill that the presiding officers of both houses attest is the bill passed by Congress, a court should not look behind the President's signature to question whether it in fact passed both houses. Zeigler had argued that the Field ruling did not apply. The judge noted that at least three other federal courts hearing similar challenges to the DRA have also ruled that Fieldapplies.
To read the full text of the court's ruling in Zeigler v. Gonzales (S.D. Ala., Civ. Act. No. 06-0080-CG-M, June 28, 2007), click on the Document Source link below.
Last Modified: 11/22/2013