Connecticut Senate Bill SB01059

Connecticut 2019 Regular Session

• Introduced: 3/12/19
• Refer: 3/12/19

Caption

An Act Concerning The Unauthorized Practice Of Law And The Prevention Of False Long-term Care Legal Planning And Advisement.

Impact

The proposed legislation redefines the unauthorized practice of law and stipulates that only licensed attorneys can provide legal advice related to Medicaid planning. This change is anticipated to eliminate the risk of consumers receiving inadequate or incorrect advice from unqualified individuals claiming to be 'Medicaid Specialists.' As a result, it is likely that the bill will help ensure that individuals are better informed about their rights and the processes involved in securing Medicaid benefits, thus promoting compliance with federal and state regulations. Furthermore, the bill introduces disclosure requirements and penalties for violations, providing a framework for accountability in the advisement process.

Summary

Senate Bill 01059 aims to address the unauthorized practice of law, specifically within the context of Medicaid eligibility planning. The bill seeks to protect consumers from misleading advice regarding long-term care legal planning and advisement, which is often provided by non-attorneys. This effort is particularly significant given the complexities surrounding Medicaid, which can lead to serious financial consequences if improperly navigated. By strengthening regulations regarding who is allowed to give legal advice in these matters, the bill intends to safeguard the interests of vulnerable populations, especially the elderly who may be seeking assistance under Medicaid programs.

Contention

Despite its protective intent, the bill may face contention regarding the balance between consumer freedom and regulatory oversight. Critics may argue that overly stringent regulations could limit access to affordable assistance for low-income families attempting to navigate Medicaid applications. Additionally, opponents may express concerns about the feasibility of enforcing such restrictions and whether they could inadvertently restrict individuals from receiving necessary guidance. Nevertheless, supporters posit that such measures are essential for the enforcement of ethical standards in elder law practice, ultimately leading to better outcomes for those in need of Medicaid.