Enact Mandatory Financial Elder Abuse Reporting in PA

On December 11, 2013, Professor Katherine C. Pearson, of Penn State Law (The Dickinson School of Law, Carlisle, PA Campus), posted a four-page article entitled Law Financial Abuse and Exploitation in Pennsylvania: The Importance of Early Response and Clearer Lines for Recovery, available as a PDF download on the Social Science Resource Network.

On January 15, 2014, Professor Gerry Beyer referenced the article on the Wills, Trusts & Estates Prof Blog in a posting entitled Article on Financial Abuse in Pennsylvania.  He included the SSRN abstract of the article:

Protection of older adults from exploitation requires a careful balance. On the one hand is the concern for individual autonomy; on the other hand, there is increasing recognition of the potential for vulnerability to influence, manipulation or outright fraud. 

Pennsylvania is considering amendment of its Older Adult Protective Services Act. Professor Pearson's written testimony for hearings in December 2013 addresses measures to encourage early reporting of suspicions of abuse by banks and other financial institutions. 

Further, to assist in early recovery, Professor Pearson recommends adoption of a private right of action under the Act to provide statutory grounds for recovery of money or other property, or appropriate injunctive relief.

Katherine's suggestions are set forth on page two of her written testimony, which was presented during a hearing held by the Aging and Older Adult Services Committee, of the Pennsylvania House of Representatives, in Harrisburg, PA, on December 11, 2013.

1. That to facilitate early reporting, Pennsylvania take additional measures to create an environment where banks and other financial institutions are more likely to report suspicions of financial abuse, and 
2. That to facilitate early recovery, Pennsylvania create a private right of action under the Older Adult Protective Services Act (OAPSA), permitting the victim of exploitation (or the victim's legal representative) to allege statutory grounds against the perpetrator in order to seek recovery of money or other property, or other appropriate injunctive relief.

Her first recommendation mirrors one that I have advocated since 2007, and again referred last year to the Pennsylvania Bankers Association for consideration.  Seven years ago, California first mandated financial institutions to report suspected financial abuse of an elder or a dependent adult.

James P. Bessolo, a senior attorney with Northern Trust, N.A., summarized and then explained in great detail (with extensive citations) California's then-new law in his article entitled Mandatory Reporting Requirements for Financial Elder Abuse (October, 2007; Vol. 30, No. 7), published in the Los Angeles Lawyer.

In an effort to combat financial abuse, California law requires individuals in certain positions, who are known as mandated reporters, to report incidents that reasonably appear to constitute elder or dependent adult abuse.  The reports are generally made to the local Adult Protective Services (APS) agency or to local law enforcement.

Effective January 1, 2007, officers and employees of financial institutions became mandated reporters of suspected financial abuse of an elder or dependent adult. 

The [California] Elder Abuse and Dependent Adult Civil Protection Act defines "financial abuse" as occurring when a person or entity takes, hides, appropriates, or retains real or personal property of an elder or dependent adult for wrongful use and/or with the intent to defraud, or assists in doing so. * * *

I recall reading articles at that time about the initial opposition to that proposal, and the subsequent concerns during the phase-in period from financial institutions after Governor Arnold Schwarzenegger signed the legislation on August 29, 2005.  

Under that expansion of California's Elder Abuse and Dependent Adult Civil Protection Act, originally enacted in 1982, California banks and other financial institutions would become liable if they would fail to report suspicions of financial elder abuse, beginning January 1, 2007. For example, see: Financial Institutions Need to Know Elderly Customers (January 2006), by Steven Wasserman and Sunny Shapiro.

Since then, the California experience seems to have worked.  Indeed, the mandatory reporting was streamlined in 2011 to enable quicker reporting through the Internet.  See: Regulatory Compliance Bulletin: Elder Abuse Law Extended; Internet Reporting Now Permitted, posted on November 2, 2011, by the California Bankers Association.  It stated, with citations, the modifications to the system established in 2007 affecting banks:

Pursuant to a new California bill SB 718, mandated reporters of elder or dependent adult abuse, including banks, may submit mandatory reports through a confidential Internet reporting tool if the county or long-term care ombudsman implements such a system. * * *

If the initial report is made through this tool to APS or ombudsman, as applicable, rather than by telephone then the reporter is not required to follow up with a written report. This would represent a significant reduction in the reporting burden on all reporters. * * *

Our neighbor state, Maryland, joined the movement by its new mandatory reporting law, which took effect in October, 2012, as reported by Eileen Ambrose in The Baltimore Sun in her article, New Md. law aims to halt financial abuse of the elderly (05/14/12).

Maryland banks and credit unions are likely to be among the first to notice that an elderly customer is being financially exploited by a con artist or an unscrupulous relative.

So it makes sense that these institutions take part in an effort to protect older Marylanders from being ripped off. Thanks to a new state law, they will.

Starting in October, banks and credit unions here will be required to report suspected financial exploitation of Marylanders age 65 and up. They must convey their suspicions within 24 hours by phone to Adult Protective Services — part of the state's Department of Human Resources — or law enforcement and must follow up in writing. Financial institutions that fail to do so will face a penalty of as much as $5,000.

Financial institutions usually aren't keen on more regulation. But many are on board in this case, saying the mandate will raise awareness of a serious problem. * * *

The articles notes:

Many other states already have such a reporting mandate, and it's about time Maryland joined them. * * *

Around 20 states require the reporting of such cases, including California since 2007. By the end of 2010, California banks reported that more than 26,000 cases of potential elder abuse had been turned over to authorities.

The Maryland Legislature adopted the House bill and the companion Senate bill, unanimously.

I support both of Katherine's recommendations.  

However, I believe that the first priority is for Pennsylvania to join the states that have enacted statutes to mandate potential financial elder abuse reporting by financial institutions.  

Such a law in Pennsylvania could be crafted as an amendment to the existing Older Adult Protective Services Act using statutory models from those other states.  The effect, after implementation, would be to uncover much more financial elder abuse, earlier.

Such mandatory reporting by banks and financial institutions is workable, would have a substantial and immediate effect to reduce financial elder abuse, and therefore should be pursued by legislators in Pennsylvania.

"Granny Snatching" Prohibition Pending in PA

Would you remember what "UAGPPJA" means, or what it could do in Pennsylvania, without an association to "granny snatching"?  Maybe that's why such a Scrabble of title letters is linked to a simple, silly phrase.  The serious and unremedied abuse situations involving transport of incapacitated elderly persons must be corrected by a dry, but effective, proposed model statute.

[Note:  See last Update below as to enactment of the proposal on July 5, 2012, effective sixty days thereafter.]

The term "granny snatching" was referenced in a November 12, 2007 article in The National Law Journal entitled, Dealing with 'Granny snatching' -- Model law aims to untangle adult guardianship, by Peter Page.  That article addressed the final version of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA), which received approval at the 2007 annual meeting of the National Conference of Commissioners for Uniform State Laws (NCCUSL).   See also:  Uniform Laws Needed to Deal With Interstate 'Granny Snatching' (03/22/06), posted by the Senior Journal.

UAGPPJA deals primarily with jurisdictional, transfer and enforcement issues relating to adult guardianships and protective proceedings.

NCCUSL explains, on its website, Why States Should Adopt UAGPPJA:

• Provides procedures to resolve interstate jurisdiction controversies. 

• Facilitates transfers of guardianship cases among jurisdictions.

• Provides for recognition and enforcement of a guardianship or protective proceeding order.

• Facilitates communication and cooperation between Courts of different jurisdictions.

• Addresses emergency situations and other special cases.

Since 2007, the UAGPPJA has been adopted by more than half the states, with many considering it this year.  All states should adopt this law to prevent forum shopping and transport of persons with weakened mental condition.

Pennsylvania is considering it now.

On September 28, 2011, the Pennsylvania House of Representatives' Aging and Older Adult Services Committee, chaired by Rep. Tim Hennessey, held an informational session (videotaped by the Pennsylvania Cable Network) on House Bill No. 1720, which had been introduced into the House previously on June 22, 2011.

This is a second initiative this year that would upgrade and improve guardianship laws.  The first initiative remains before in the Legislature only in the form of two reports with recommendations, not in pending legislation.  See: PA EE&F Law Blog posting Proposed Amendments of PA POA, Guardianship & Health Care Directive Laws (06/14/11).

I understand that HB 1720 was widely and strongly supported by those at that session and within the House.  It is promoted by AARP-Pennsylvania (offices in Harrisburg & Philadelphia).  [Note:  It is also championed by the Pennsylvania Bar Association -- See Update below.]

Nationally, UAGPPJA is supported by the American Bar Association ("Guardianship Jurisdiction"), the Alzheimer's Association ("UAGPPJA Fact Sheet"), the National Guardianship Association, Inc. ("UAGPPJA Links"), the National Academy of Elder Law Attorneys ("Endorsement"), AARP ("Radio Report"), and the Conference of Chief Justices and Conference of State Court Administrators ("Endorsement").

As a practitioner, I too support it.  Unfortunately, present law in Pennsylvania will confound a court as to jurisdiction, can disconnect a local Area Agency on Aging as to protective services, and can create litigation in both home and foreign jurisdictions among family members at great cost and inconvenience.

The federal Elder Justice Act (effective March 2010) is not yet funded in the area of conflict of laws or interstate transport of elderly persons.  See:  The Elder Justice Act: What It Says, What It Means, And When Will It Be Implemented? (10/26/10), by Bill Benson and Bob Blancato.  Furthermore, the EJA does not codify state laws on the issue of state jurisdiction, so there is no framework of uniform state laws other than this proposal. 

NCCUSL's final model UAGPPJA must bear a few minor tweaks to conform it with existing Pennsylvania law in Chapter 55 ("Guardianship") of the PA Probate, Estates & Fiduciaries Code, for example, on matters such as emergency guardianship and also its use of the term "conservatorship" (not used in our law).  Also, it would need cross-referencing if it would become a new Chapter 59 of the PEF Code. 

WHYY's Newsworks posted an article on October 7, 2011, entitled Pa. plan aims to alleviate 'granny-snatching', which reflected both the need for, and growing momentum of, HB 1720:

Stories of elderly parents being fought over by their children or relatives who want to be the sole guardians are familiar to Rep. Tim Hennessey of Chester County.

"Somebody dies, and then someone else comes in and tries to assume control and the other siblings don't like it. And it could be county to county or it could be state to state," Hennessey said. "You know enough of these stories circulate that you think, oh, geez, somebody, here's a problem, we have to solve it."

When a group called the Uniform Law Commission approached him with legislation to clear up the murky legal issue, Hennessey agreed to sponsor it.
His proposal sets up rules to follow when multiple courts are involved in a dispute over who's responsible for an incapacitated adult. * * *

See also: New court rules proposal aims to prevent so-called "granny snatching"  (10/12/11), by Mary Wilson, posted by WITF. 

HB 1720 appears to be moving quickly in the House.  Today (October 25, 2011), it received second consideration and was referred to the Appropriations Committee.

This bill should be adopted by the House, and then by the Senate; and then it should be signed by the Governor into law.

And, while doing so, the Legislature should address that still-pending first initiative too, so that Pennsylvania's guardianship laws can be more effective and fair.

Update: 10/26/11:

On October 26, 2011, I received in the mail a copy of the Pennsylvania Bar Association's Bar News.

On the first page, under the heading PBA President and Elder Law Section Officers Take Part in State House Roundtable on Adult Guardianship Bill, and below a color photograph taken at the September 28, 2011, informational session, was this text:

PBA President Matthew J. Creme, Jr. and PBA Elder Law Section officers Sally Schoffstall and Jacqueline Shafer participate in a roundtable discussion Sept. 28 in Harrisburg with members of the state House Aging & Older Adult Services Committee about House Bill 1720.

The bill would amend Title 20 by adding the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act to provide a uniform mechanism for addressing multijurisdictional adult guardianship issues.  The PBA supports the bill.

In a prior Bar News issue (09/05/11), I found a report of the PBA's action authorizing such an appearance:

The PBA Board of Governors met July 28, at Rocky Gap Lodge & Golf Resort and took the following actions:  * * *

Unanimously approved the resolution of the PBA Elder Law Section that the PBA support the addition of a new §5503 to the existing Probate, Estates and Fiduciaries Code at 20 Pa. C.S. Chapter 55, also known as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA).

The UAGPPJA provides a uniform mechanism for addressing multijurisdictional adult guardianship issues that have become time consuming and costs for courts and families.  Because the PBA had been asked to testify at a legislative hearing on this issue in September, the Board took action on behalf of the House of Delegates.

Update: 11/08/11:

Today's emailed update to PBA members noted recent approval by the House of HB 1720, as follows:

House Bill 1720, sponsored by Rep. Tim Hennessey (R-Chester), passed the House 196-0 on Oct. 26 and was referred to the Senate Aging and Youth Committee.

The bill amends Title 20 (Decedents, Estates and Fiduciaries) adding the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, which provides for uniform adult guardianship and protective proceedings jurisdiction.

Update:  01/09/12:

HB 1720's legislative history indicates that it has not moved beyond the Pennsylvania Senate's Aging & Youth Committee.  That is unexplained, and unfortunate.  It should be a priority.

It remains a priority for the Pennsylvania Chapter of the Alzheimer's Association, which states on its "Advocate" web page, as follows:

The Alzheimer's Association strongly supports the adoption of UAGPPJA in Pennsylvania and across the country. Due to the impact of dementia on a person's ability to make decisions, individuals living with Alzheimer's disease may need the assistance of a legal guardian. The process of appointing a guardian is handled in state courts. Complications with appointing a legal guardian for an adult may arise when the guardian lives in a different state than the individual with Alzheimer's disease or a related dementia.

If we adopt UAGPPJA, we make it easier for families across the country to help their loved ones state to state without the hassle of re-filing for guardianship.
 * * *

Update: 07/02/12:

The Pennsylvania Bar Association reported today that the Legislature approved HB 1720, PN 2589 and sent it to the Governor for consideration of signature into law:

H.B. 1720, sponsored by Rep. Tim Hennessey (R-Chester), is on the Governor’s desk. The legislation amends Title 20 (Decedents, Estates and Fiduciaries) by adding the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA). UAGPPJA provides a mechanism for addressing multi-jurisdictional adult guardianship issues.

The Legislative History of HB 1720 indicates that it was adopted by the House on October 26, 2011 by a vote of 196-0, and then by the Senate on June 26, 2012, by a vote of 49-0.  It was presented to the Governor on June 28, 2012.

Update: 07/06/12:

House Bill 1720 (Printer's No. 2589) was signed by the Governor on July 5, 2012.  In sixty days, it will become law in Pennsylvania.  See: PA Elder, Estate & Fiduciary Law post, New "Granny Snatching" Law in PA (07/06/12).

As Charlie "Tremendous" Jones, late of Harrisburg, PA was known for saying, TREMENDOUS!!!

"Wills for Heroes" Workshops Multiply in PA & DE

The Pennsylvania Bar Association presses forward on its successfully-sponsored "Wills for Heroes" program, promoted by its Young Lawyers Division.

The program is described by the PBA-YLD as follows:

“Wills for Heroes” provides police, fire and emergency medical personnel -- those on the frontlines for our personal safety -- the tools they need to prepare adequately for the future.

Programs are staffed by lawyer volunteers and are conveniently offered to first responders at meeting halls and police and fire stations.

The PBA and the Wills for Heroes Foundation are hosting upcoming events to provide free wills and powers of attorney to first responders -- police officers, firefighters, paramedics and other men and women who risk their lives every day to make sure our communities are safe.* * *

The PBA's Wills for Heroes program is also described in a flyer for volunteers (PDF) posted online.

In two blog posts over the past two years, I tracked such personal and estate planning services offered free to certain first responders in Pennsylvania, beginning at a county bar association level and then advancing into statewide PBA sponsorship. See: Firefighters, First Responders, and Free Wills (05/15/08) and PBA's Young Lawyers Sponsor "Wills for Heroes" (05/09/09). That organized effort now has strengthened and matured in Pennsylvania, which was the 21st state to endorse and implement the national Wills for Heroes program.

In September, 2009, that effort was cited nationally as a model and symbol of volunteerism. See: Pennsylvania Governor Ed Rendell and U.S. Transportation Secretary Ray LaHood honor the Wills for Heroes Foundation.

Pennsylvania Governor Ed Rendell's Press Release, entitled Governor Rendell Commends Volunteers on National Day of Service and Remembrance (09/11/09), as posted by Examiner.com, stated, "There is no better example of the spirit of volunteerism than the Wills for Heroes project that we are seeing in action today, and it is especially appropriate as we observe the anniversary of the terrible events of 9/11."

Law school students, such as those I teach at Widener University School of Law (Harrisburg Campus), and those at WLS (Delaware Campus) joined the movement in public workshops held Saturday, April 17, 2010. The Harrisburg (Dauphin County) event is the subject of an online photo gallery posted by the PBA.

WLS-Delaware students held their second "Wills for Heroes" event on July 10, 2010, when "nearly 60 clients turn out to receive pro bono legal services." See: Delaware Campus Hosted Another Successful Wills for Heroes Event (07/27/10).

The event saw volunteer attorneys prepare wills, advance health care directives, and financial powers of attorneys free of cost for Delaware firefighters, paramedics, police officers, corrections officers, probation officers, and their spouses or partners. * * *

The law school places such an emphasis on public service that it just made sense to bring the two together. Everyone quickly became committed to the idea of Widener being the vessel that makes this opportunity available to Delaware’s emergency service workers.”

Widener Law’s Delaware campus hopes to coordinate a Wills for Heroes document-preparation event once a semester. Subsequent events will move around to the First State’s three counties. Widener Law, the official Delaware affiliate of the Wills for Heroes program, ran its first event on April 17th. * * *

The effort in Pennsylvania still appears rooted in practitioners and their staff. In its August 2, 2010 electronic bulletin to members, the Pennsylvania Bar Association requested assistance for further workshops scheduled around the state:

At least 10 to 20 lawyers, three or four notaries (who aren't required to be lawyers) and several witnesses (anyone over the age of 18) are needed for each event.

Lawyer volunteers do not need to practice trust and estate law. A mini-course will be given the morning of the event to familiarize volunteers with what they need to know. Also, several lawyers well-versed in estate planning will be available during the day to answer any questions that may arise. * * *

New volunteers are asked to complete the online registration form

. * * *

That bulletin noted upcoming Wills for Heroes events in Pennsylvania:

Bucks County (Contact coordinators Lisa A. Shearman and Jennifer Murphy)

• Aug. 7: Trevose Fire Company, Trevose
• Aug. 28: Trevose Fire Company, Trevose
• Sept. 11: Public Safety Training Center, Doylestown

Lackawanna County (Contact coordinator Jason Morrison)

• Oct. 2: Scranton Police Department, Scranton
  

Montgomery County (Contact coordinator Shearman)

• Sept. 25: Montgomery Township Fire Department, Montgomeryville
  

York County (Contact coordinator Mac Brillhart)

• Sept. 18: York Township Emergency Service Personnel, York

According to the PBA's bulletin, "For more information about the Wills for Heroes program, send an e-mail to Dan McKenna or Lisa A. Shearman and visit the Wills for Heroes Foundation website and the PBA Young Lawyers Division website."

In PA, Bingo's Gamblin', Poker Ain't

Gambling by seniors is a concern, not only in Pennsylvania, but nationwide, because involvement in games of chance can become additive, and the financial consequences can become dire.

Bingo is a game of chance, seniors know. But seniors who play poker in PA can be relieved: Playin' Texas Hold 'em ain't gambling.

The Senior Journal noted on November 12, 2008, in a brief posting online that "Senior Gambling [is] Getting Attention":

Gambling addiction is a significant problem in the United States impacting adults of all ages and their families.

Older adults are, perhaps, more vulnerable than other age groups given their greater dependence on fixed incomes and more limited ability to recover to secure debt or recover from gambling losses. * * *

The traditional game of chance for seniors is bingo, a pastime that serves as a recreational event in many communities.

The growth of riverboat and Indian casinos, state and national lotteries, and Internet access to off-shore sports and parlor betting, has dramatically increased access for all adults including seniors. * * *

An Associated Press article, dated April 2, 2001, entitled "Wagering: boon or blight of retirement?" reposted by Today's Senior Network, is representative of reports noting that "[a]s the number of older gamblers surges, experts worry that seniors are more vulnerable to financial ruin." See also: "Are seniors gambling away their retirement?" by Liz Weston, posted on MSN-Money, who noted that "[c]asinos, slot machines and poker parlors on seemingly every corner present high-rolling seniors a growing opportunity to lose their nest eggs."

I noted the debate in Pennsylvania in a prior posting, "Gambling, "Gray Lives" & Grief" (11/02/06); and that debate continued as licensed casinos began operation in the Commonwealth statewide.

On January 15, 2009, The Philadelphia Inquirer published a commentary by Daniel R. Reynolds, entitled "Gaming law has been a bust." He asserted that, "[a]s Pa. officials tout a rise in revenue, they overlook the cost, and an unfair tax system."

This year will mark the fifth anniversary of Pennsylvania's gaming law, originally conceived as a way of protecting the state's horse-racing industry. Neighboring states such as Delaware and West Virginia had instituted slot-machine gaming to boost purses at their racetracks.

But the bill's initial intent got hijacked at some point. Signed by Gov. Rendell in July 2004, the bill was sold not as horse-racing protectionism, but as a tax-relief vehicle. Revenue from gaming, it was said, could be used to trim property taxes.

Written by the office of now-indicted former State Sen. Vincent Fumo, the bill expanded gaming way beyond the imagination of the framers of the horse-racing protection bill, who merely envisioned slot machines at the state's four racetracks. As it turns out, when slots casinos become operational in Philadelphia and Pittsburgh, Pennsylvania will have 61,000 slot machines - more than any other state except Nevada.

State officials say they are cutting taxes with gaming revenue. In fact, they are subjecting Pennsylvanians to higher taxes.

The government says nearly $1 billion in gaming revenue has been made available to trim property taxes, but it isn't fluttering down from heaven or being printed by the Federal Reserve. It's coming out of the pockets of Pennsylvanians who are walking into casinos, putting it into slot machines, and not getting it back.

Expanding gaming in Pennsylvania is simply an additional de facto tax -- on top of the state lottery implemented many years ago. * * *

In response, some organizations have addressed "compulsive gambling" by education of consumers and training of professionals.

For example, the Council on Compulsive Gambling of Pennsylvania is a nonprofit organization affiliated with the National Council on Problem Gambling.

Its purpose is to educate and disseminate information on compulsive gambling and to facilitate referrals.

The Pennsylvania Council provides speakers, workshops, seminars, and information on this public health problem to business, industry and labor groups, schools and colleges, health care and treatment facilities, and to community and religious organizations.

In 2008, CCGP held a 2008 Statewide Conference on Problem Gambling. Its website lists weekly Gamblers Anonymous local meetings at statewide locations. Its next training sessions, "Advanced Gambling Treatment Seminars - Level II," will be offered this month and beyond by that organization "Courtesy Of The Sands Casino Resort Bethlehem." [Links added.]

But, at least in Columbia County, Pennsylvania, such outreach efforts need not be directed towards poker players. Because they are not "gamblers."

It has been judicially determined, in that county at least, that participation in a game of Texas Hold 'em, even with bets, is not gambling, since it is a game of skill.

The ruling by the Court of Common Pleas of Columbia County, PA was reported on January 24, 2009, in an article entitled "A Crazy Game of Poker; Judge Rules Poker is a Game of Skill in Gambling Case" by Eric Bower, posted by BloomUToday.

Last week Columbia County Judge Thomas A. James Jr. ruled that Texas Hold’em poker is a game of skill and therefore not gambling under Pennsylvania law.

The ruling stems from gambling charges filed against Walter “Buzz” Watkins and his girlfriend Diane Dent in September.

Watkins is a manager at the Good Old Days Bar in Bloomsburg and also runs the poker tournaments held there.

In addition to hosting poker at Good Old days, Watkins also hosted cash poker games in a garage at his residence in Bloomsburg. The legality of those games soon came into question after State Police received complaints about the poker games and began an undercover investigation. * * *

The game being played at the garage was $1-$2 No Limit Texas Hold’em poker.

The undercover officer indicated that Dent was the dealer when he played. The officer reported that Dent or Watkins would exchange player’s cash for playing chips when they entered the game. Dent and Watkins would also exchange chips for cash when a player left.

No fee was taken by Watkins or Dent to play[. I]nstead, players were encouraged to tip Dent at the end of every hand based on the pot’s size, just as they would in conventional casinos. * * *

Police filed 20 charges each against Watkins and Dent on September 19th. Watkins said that around 15 officers raided his garage while poker was being played when he was arrested. Watkins also said that Dent was asleep in the residence that was also raided by police when she was arrested. * * * [Link added.]

The judge's opinion resolved the case in favor of Watkins and Dent, according to the article.

All charges in the case were dropped last week after Columbia County Judge Thomas A. James issued a 16 page opinion on the case.

The basic question, according to Judge James’ ruling, is whether poker is dominated by chance or skill.

James wrote is his opinion “Simply, if chance predominates, Texas Hold’em is gambling. If skill predominates, it is not gambling.”

In Pennsylvania, video poker machines are not allowed because their outcomes are primarily due to chance, not skill.

In the case of Texas Hold’em, however, Judge James explained that extensive literature exists that describes winning strategies to play the game.

James quoted several books on the matter including Mike Caro’s “Secrets of Winning Poker”. In an excerpt from the book James used, [the author said] “the money flows from the bad players to the strong players.” * * *

The decision issued by Judge Thomas A. James, Jr. on January 14, 2009, in the matters of Commonwealth of Pennsylvania v. Watkin and Dent (PDF; 14 pages, plus Order) is fascinating reading.

I recommend it to poker players of all ages.

* * *

You got to know when to hold 'em, know when to fold 'em,
Know when to walk away and know when to run.
You never count your money when you're sittin' at the table.
There'll be time enough for countin' when the dealin's done.

-- "The Gambler"
sung by Kenny Rogers

Update: 01/29/09:

The American Bar Association Journal's "Law News Now" posted an article on January 29, 2009, entitled "Is Poker a Game of Skill that is Legal? S.C. Judge Will Decide" by Debra Cassens Weiss, on this topic.

Five college buddies nabbed in a poker bust are asking a South Carolina judge to decide whether Texas Hold 'em is an illegal game of chance or a permissible game of skill.

A South Carolina law bans ''any game with cards or dice'' but state Attorney General Henry McMaster says his office interprets the statute to ban games that rely more on chance than skill, the Associated Press reports. And for years, the office has viewed Texas Hold ’em as an illegal game of chance.

Thirty-eight other states have laws that also bar games of chance, according to Colorado lawyer Chuck Humphrey.

Some poker players are beginning to claim — with some success — that the laws don’t apply to them. A Pennsylvania judge ruled Texas Hold ’em is a game of skill and acquitted a man who held poker games in his garage, according to CardPlayer.

And a Colorado jury acquitted the organizer of a poker league after a University of Denver statistics professor testified poker is a game of skill, according to a press release by the Poker Players Alliance. * * *

A "Perfect Storm" Affects Medicaid Funding

On January 22, 2009, the non-profit Center on Budget and Policy Priorities posted a "Preliminary Analysis of Medicaid Assistance For States in the House Economic Recovery Package", including state-by-state data.

The authors (Iris J. Lav, Edwin Park, Jason Levitis, and Matthew Broaddus) summarized their analysis and article:

The House economic recovery package includes an approximately $88 billion temporary increase in the share of the Medicaid program paid by the federal government over nine calendar quarters.

The states urgently need this type of assistance; states on their own are not able to provide critically needed health insurance under Medicaid as need swells in a recession and in its immediate aftermath.

This analysis features state-by-state estimates of assistance and a detailed technical explanation of the Medicaid provision.

The analysis notes factors that have conjoined to create a short-term crisis, and alludes to the dismal long-term prognosis.

• Medicaid rolls are soaring, as they have in previous recessions. As people lose their jobs and their incomes, they often also lose their health insurance and qualify for Medicaid. As employers try to cut costs, they drop health coverage. And people who are still working but with reduced hours or income and who lack health insurance may newly qualify for Medicaid. All of these factors drive up enrollment.

• State revenues are dropping. As unemployment rises and consumption declines, state income and sales taxes dwindle. States are projected to face deficits of $350 billion over the next 30 months. Since almost all states have to balance their budgets, most cannot afford to maintain their existing Medicaid programs, and certainly cannot afford to accommodate a large influx of new enrollees resulting from the recession.

• The gap between the need for Medicaid and states' ability to meet that need is large. In a recent Kaiser Foundation report, the Urban Institute estimates that the gap over the next two and a half years between Medicaid costs and states’ ability to meet those costs — considering both enrollment increases and revenue losses — would be approximately $100 billion if unemployment averages 9 percent. However, that was calculated as the estimated sum of the “exact” amount each state would need to meet its Medicaid costs. Since it is not practically possible to craft legislation that would give each state exactly what it needs, total federal assistance would need to be significantly more than $100 billion to keep the program whole.

The analysis described the three forms of interim relief proposed for the states, noting that "[t]his fiscal assistance for states would be effective for the period October 1, 2008, through December 31, 2010."

The full analysis (7 pages) is available online in either HTM or PDF formats on the CBPP website.

This debate for a short-term "bailout" of the states' Medicaid programs is introduced into Congress even while past debates on the scope of funding for Medicaid remain unresolved.

In "Medicaid funding cuts unresolved as new administration takes office" by Doug Trapp, posted January 12, 2009, by the American Medical Association's AMNews, the issues debated during the Bush Administration were analyzed.

Three Bush administration rules limiting federal Medicaid spending will go into effect on April 1 without action by Congress and the Obama administration, but three others could be rescinded by the new administration alone -- including a rule ending federal funding for graduate medical education.

The six rules are part of a Bush administration effort to scale back the federal government's Medicaid obligations so the program covers only what President Bush contends is required by law. The new policies would reduce federal spending by at least $12.4 billion over five years.

Health care organizations affected by the reductions have argued that the White House and the Centers for Medicare & Medicaid Services are overstepping their authority. * * *

Newspaper reports in early January, 2009, demonstrate how the previous cuts in federal funding for Medicaid have created problems for many states:

• "Florida's Medicaid funding faces major cuts" (01/09/09) by Aaron Deslatte & Josh Hafenbrack, posted by the Sun Sentinel (Tallahassee, FL).

• "Medicaid: The 'Never Ending' tale of funding" (01/04/09) by Sid Salter, posted by the Clarion Ledger (Mississippi).

• "Alabama's Medicaid war rages on" (01/15/09) posted by The Birmingham News.

How about Pennsylvania's Medicaid situation?

The Commonwealth was in a Medicaid crisis back in 2005, as noted in "Medical Assistance in Pennsylvania: A 600-Pound gorilla in the state budget" (Feb., 2005) posted by IssuesPA (an initiative of the Pennsylvania Economy League).

That article noted that "Pennsylvania's Medical Assistance program is attracting lots of attention," with costs on the rise and more Pennsylvanians qualifying for the program.

One of the biggest stories in Governor Ed Rendell’s proposed state budget for the 2005-06 fiscal year is Medical Assistance, Pennsylvania’s version of Medicaid.

It’s the 600-pound gorilla in the state budget proposal.

In Pennsylvania, as in other states, the cost of the state’s share of health care coverage for low-income residents has been rising much faster than revenue receipts and consuming ever-larger pieces of the state budget.

Medical Assistance now consumes 19% of Pennsylvania’s General Fund Budget -- up from just over 16% five years ago. * * *

The article then noted Governor Rendell's first-term plan of response:

The Governor has proposed this five-fold strategy to deal with the rapidly escalating costs of medical assistance.

• Increase revenues. The program will require consumers to share in the cost of services through a series of co-payments and premium payments;
  
• Limit services. Specific services such as the number of prescriptions filled, visits to doctors, outpatient clinics and hospitals, ambulance rides, and medical equipment would be capped;
  
• Revise payments to providers. State reimbursement of certain providers of health care services to medical assistance recipients would be increased 2%;
• Lower prescription costs. The Department of Public Welfare would implement a preferred drug list;
• Increase community-based care. The Community Choice program would be expanded to increase the ability to serve older patients at home or a community-based setting rather than in a facility.

The Governor made a conscious decision not to reduce the number of people eligible for benefits -- at least for now.

Other states have reduced or are considering reducing the number of people eligible in order to save money. * * *

Nevertheless, still, in 2009, the crisis swells, according to AARP's preliminary identification of Pennsylvania State Issues:

Current revenue projections show that Pennsylvania may be looking at a $2 [billion] deficit in the 2008/09 state budget.

Such a deficit could have a severe impact on a number of important state programs, particularly Medicaid assistance for long-term care.

The gloomy economic forecast will impact virtually every issue AARP will be concerned about in the 2009 session of the General Assembly. * * *

AARP notes that the state budget issue will interface with the four other key issues affecting seniors -- Health Care Reform, Utilities, Long-Term Care, and Property Taxes.

In early 2009, a short-term federal bailout of Medicaid appears most pressing, according to a Press Release issued on January 16, 2009, by Pennsylvania's Senator Robert P. Casey, Jr., entitled "Casey Calls for Critical Medicaid Help for States in Stimulus."

He warned that "[f]unding should reach $100 billion threshold to avoid service cuts."

Faced with data showing increased demand for Medicaid and state children’s health insurance as more laid-off Americans lose their health insurance, U.S. Senator Bob Casey (D-PA) urged President-Elect Barack Obama to support a minimum of $100 billion in additional Medicaid assistance to the states in the stimulus.

“A perfect storm of state budget shortfalls and job loss is threatening health care for millions of Americans,” said Senator Casey.

“If the federal government does not provide critical Medicaid funding to the states, more states could be forced to cut vital services to the neediest Americans.” * * *

Whether or not the situation should be described as "a perfect storm," there is a present crisis, no doubt, with severe longer-term challenges to follow.

* * *

The phrase perfect storm originates from the 1997 book The Perfect Storm which refers to the simultaneous occurrence of weather events which, taken individually, would be far less powerful than the storm resulting of their chance combination. * * *

Since the 2000 movie by the same name, the phrase has gained popularity and grown to mean any event where a combination of circumstances will aggravate a situation drastically. * * *

The phrase was awarded the top prize by Lake Superior State University in their 2007 list of words that deserve to be banned for overuse.

-- Wikipedia on "The Perfect Storm"

Coach Broyles' "Alzheimer's Playbook"

In recognition of November, 2008 as National Caregivers Month, a number of new books were issued on the topic of caregiving, that join books regularly revised & updated, some posted online for free.

The foundational, classic book on the subject of personal caregiving is The 36-Hour Day (4th Ed., 2006), subtitled A Family Guide to Caring for Persons with Alzheimer Disease, Related Dementing Illnesses, and Memory Loss in Later Life, by Nancy L. Mace, M.A., Peter V. Rabins, M.D., & Paul R. McHugh.

Revised in 2006 for its twenty-fifth anniversary, this best-selling book is the "bible" for families caring for people with Alzheimer disease, offering comfort and support to millions worldwide.

In addition to the practical and compassionate guidance that have made The 36-Hour Day invaluable to caregivers, the fourth edition is the only edition currently available that includes new information on medical research and the delivery of care.

The new edition includes:

• new information on diagnostic evaluation
• resources for families and adult children who care for people with dementia
• updated legal and financial information
• the latest information on nursing homes and other communal living arrangements
• new information on research, medications, and the biological causes and effects of dementia. * * *

See also: Review: The 36-Hour Day, by Sarah C. Murphy; and The 36-Hour Day, posted on The Alzheimer's Disease Bookstore, which lists it among the many books written on the Alzheimer's-related topics of:

• Caregiving Books
• Activities for the Person with Alzheimer's Disease
• Books for Children / Teens / Young People
• Spirituality
• Society & Alzheimer's Disease
• Medical Books
• Living Environments

For another popular book on family caregiving, see: Always On Call: When Illness Turns Families Into Caregivers (2nd Edition, November, 2004) by Carol Levine, who was interviewed by National Public Radio on July 21, 2008 in a broadcast segment entitled "Carol Levine, Championing The Caregiver's Cause."

So, what's new among books about caregiving in 2008? Just about one new book per month:

• The Caregiver's Companion : Readings and Professional Resources (November, 2008), by Janet Gonzalez-Mena
  

• Voices of Caregiving (November, 2008), a compilation by various contributors
  

• Lifting Our Voices : The Journeys into Family Caregiving of Professional Social Workers (September, 2008) by Joyce Beckett
  

• Caring for Patients from Different Cultures (Sep, 2008) by Geri-Ann Galanti

• Through the Seasons : An Activity Book for Memory Challenged Adults and Caregivers (July 2008) by Cynthia R. Green & Joan Beloff

• Dementia and Caregiving (June, 2008), by Joanna Kelly

• Who Goes to the Door and Then What (May, 2008), by Katie Conner Reese & Timothy Vernon Conner

• The Moon in the Water : Reflections on an Aging Parent (April, 2008) by Kathy J. Phillips

• 101 Helps for Helpers (March, 2008) by Linda Johnson Crowell

• Family Caregiver Answer Book (January, 2008), by Rebecca Colmer

Caregiving was the subject of a handbook and a video produced by WGBH-TV (Boston, MA) in conjunction with AARP, entitled Caring for Your Parents. The broadcast aired in 2008 on the Public Broadcasting System.

Derived from the book and the video was the fantastic, free, online AARP Caregiving Tool Kit, "filled with interactive features, such as expert videos, calculators, and worksheets" targeted towards personal caregivers.

Such tools could reduce the stress felt by caregivers. See: PA EE&F Law Blog posting "Dear Abby" Answers Alzheimer's Caregiver (11/18/08).

But my favorite resource was written by a coach -- Coach Frank Broyles, presently the Razorback Athletic Director at the University of Arkansas.

A Press Release issued November 1, 2007, entitled "Alzheimer's Association Unveils Football Coach Frank Broyles' Playbook for Alzheimer's Caregivers" (PDF, 2 pages), announced the free availability of Coach Broyles’ Playbook for Alzheimer’s Caregivers:

The Playbook is a football-themed, practical guide that addresses “Pre-Game Planning,” “Coaches and Special Teams,” “Playing Offense,” “Playing Defense” and the “Training Table” for each stage of the disease.

“When my wife was diagnosed with Alzheimer’s disease I was at a loss,” said Broyles, athletic director and former coach of the Arkansas Razorbacks.

“My family and I collaborated with many great partners like the Alzheimer's Association along her journey and we want to share our collective insight to help ease the caregiving of those still facing this immense challenge.” * * *

The Broyles' Playbook now has its own website, where the book is displayed in a multimedia format, where it can be downloaded in PDF format (Updated 09/16/08; PDF, 110 pages, in English & Spanish), and where each of its eighteen chapters can be heard as a playable or downloadable audio book.

The Broyles' Playbook still remains available on the website of the Alzheimer's Association.

A newer companion book, Broyles' Playbook: Tips & Strategies (Updated 09/16/08; PDF, 12 pages), is also available on the Broyles' Playbook website.

“I gathered my team, and together, with the help and support of many Arkansan people and companies, we were able to generate the funding needed to make this Playbook available nationwide, free of charge, to anyone wanting information on how to care for a loved one with Alzheimer’s disease.”

“It is our gift to you, in hope that you can benefit from my experience.”

-- Coach Frank Broyles

Stats on "Older Americans" in Their Month

May, 2008 was designated as "Older Americans Month", with the theme "Working Together for Strong, Healthy and Supportive Communities."

Older Americans Month was promoted by the Pennsylvania Department of Aging, as explained in "Nora's Notes" (the periodic column published by the Secretary of Aging, Nora Dowd Eisenhower) for May 2008, in her message entitled "Celebrate Older Americans during the month of May":

May is Older Americans Month and one of my favorite times of the year because it brings attention to what so many of us already know – that seniors are a vital force in our communities and their needs are important. * * *

We have just completed two months of travel across the commonwealth gathering input from nearly 2,500 seniors about their concerns for the future. We are using this information in formulating a new state plan that will prioritize the growing and changing needs of seniors. The draft will be available on our Web site * * *.

Pennsylvania has the third largest population of older citizens after Florida and West Virginia and it’s very impressive that so many seniors keep active, volunteer and stay engaged in life.

Volunteers participate and benefit from meals-on-wheels, APPRISE, PEERS and other state programs.

It’s also heartening to see people helping their elderly neighborhoods with errands and friendly conversation. All of these efforts contribute to the strength of our communities. * * *

Older Americans Month 2008 materials were made available on the website of the U.S. Administration on Aging, which also provided cross-linked "fact sheets" regarding:

• the Older Americans Act
  
• the History of Older Americans Month
  
• Older Adults Depression and Suicide

In recognition of "Older Americans Month" in May, 2008, I reproduce statistics (including the cited sources) about "Older Americans", as posted by the U.S. Census Bureau in its press release entitled "Facts for Features: Older Americans Month: May, 2008":

• 37.3 million is the number of people 65 and older in the United States on July 1, 2006. This age group accounted for 12 percent of the total population. Between 2005 and 2006, this age group increased by 473,000 people. Source: Population estimates

• 86.7 million is the projected population of people 65 and older in 2050. People in this age group would comprise 21 percent of the total population at that time. Source: Population projections

• 147% is the projected percentage increase in the 65-and-older population between 2000 and 2050. By comparison, the population as a whole would have increased by only 49 percent during the same period. Source: Population projections

• 506 million is the projected 2008 midyear world population 65 and older. Projections indicate the number will increase to 999 million by 2030. Source: Population projections

• $27,798 is the median 2006 income of households with householders 65 and older, up 3.4 percent, in real terms, from the previous year. Source: Income, Poverty, and Health Insurance Coverage in the United States: 2006

• 9.4% is the poverty rate for people 65 and older in 2006, down from 10.1 percent in 2005. There were 3.4 million seniors in poverty in 2006, a decline from 3.6 million in 2005. Source: Income, Poverty, and Health Insurance Coverage in the United States: 2006

• $190,100 is the median net worth for families in 2004 whose head was between 65 and 74. For those whose head was 75 or older, the corresponding figure was $163,100. Source: Statistical Abstract of the United States: 2008 (Table 699)

• 9.1 million is the estimated number of people 65 and older who are military veterans. Source: 2006 American Community Survey

• 5.5 million is the number of people 65 and older who were in the labor force in 2006. Projections indicate that by 2016, the number will reach 10.1 million. Source: Statistical Abstract of the United States: 2008 (Table 570)

• 23% is the percentage of people 65 to 74 in the labor force in 2006, up from 20 percent in 2000. Some of the highest rates were found in South Dakota, Nebraska and Washington, D.C., all with about one-third of people in this age group in the labor force. Source: 2006 American Community Survey

• 76% is the proportion of people 65 and older in 2007 with at least a high school diploma. Source: Educational Attainment in the United States: 2007

• 19% is the percentage of the population 65 and older in 2007 who had earned a bachelor’s degree or higher. Source: Educational Attainment in the United States: 2007

• 7.3 million is the number of people 66 and older taking adult education courses, comprising about 8 percent of these students. Source: Statistical Abstract of the United States: 2008 (Table 298)

• 53% is the percentage of people 65 and older who were married in 2006. Source: 2006 American Community Survey

• 32% is the percentage of people 65 and older in 2006 who were widowed. Source: 2006 American Community Survey

• 64% is the percentage of people 65 and older in 2006 who lived with relatives. Another 27 percent lived alone, while 5 percent lived in group quarters and 2 percent in a household with nonrelatives. In addition, 6 percent lived in their children’s home, and 1 percent lived with unmarried partners. Source: 2006 American Community Survey

• 1.6 million is the number of people 65 and older who lived in nursing facilities in 2006. These residents comprised 4 percent of all people in this age group. Source: 2006 American Community Survey

• 79% is the percentage of citizens 65 and older registered to vote in the 2004 presidential election. Seventy-one percent of citizens in this age group reported actually casting a ballot. Source: Voting and Registration in the Election of November 2004

• 19% is the percentage of votes cast by people 65 and older in the 2004 presidential election. Source: Voting and Registration in the Election of November 2004

• 81% is the proportion of householders 65 and older in 2006 who owned their homes. This compares with 43 percent for householders at the other end of the age spectrum — younger than 35. Source: Current Population Survey/Housing Vacancy Survey

• 11% is the percentage of the nation’s business owners who are 65 and older. Source: Characteristics of Business Owners: 2002

• 75% is the percentage of households with a householder 65 and older who owns a motor vehicle. About 3 percent of these households have three or more cars. Source: Statistical Abstract of the United States: 2008 (Table 964)

• 72 is the number of men 65 and older on July 1, 2006, for every 100 women in this age group. For those 85 and older, it drops to 47 men per 100 women. Source: Population estimates

• 5.3 million is the number of people 85 and older in the United States on July 1, 2006. Source: Population estimates

• 84,331 is the estimated number of centenarians in the United States on Nov. 1, 2007. Source: Population estimates

• 580,605 is the projected number of centenarians in the United States in 2040. Source: Population projections

• 3.9 million is the number of people 65 and older living in California on July 1, 2006, the highest total of any state. Florida, with 3 million, was the runner-up. Source: Population estimates

• 17% is the percentage of Florida’s population 65 and older in 2006, which led the nation. Next to Florida, states with the highest percentages of older people include West Virginia (15.3 percent) and Pennsylvania (15.2 percent). Source: Population estimates

Update: 06/09/08:

In observance of "Older Americans Month", the National Criminal Justice Reference Service, a federally-funded resource offering justice, substance abuse, and victim assistance information, had created an Older Americans Special Feature (updated on 06/09/08), described as follows: "This resource contains links to publications and other resources on topics such as elder abuse and prescription drug abuse, as well as the prevention of such activities."