Bill O Boyle: Baker hearing looks to strengthen guardianship laws, prevent elder abuse

Mar. 19--WILKES-BARRE -- The Senate Judiciary Committee, chaired by Sen. Lisa Baker, this week held a joint public hearing with the Senate Aging and Youth Committee, chaired by Sen. Judy Ward, on strengthening guardianship laws and preventing elder abuse in Pennsylvania.

Baker, R-Lehman Township, said when an adult of any age is deemed incapacitated by a court, a guardian may be appointed to become responsible for making certain decisions on their behalf, including financial, medical and personal matters.

"Our current court-appointed guardianship process in Pennsylvania needs to be improved," Baker said. "We must ensure individuals requiring assistance are properly represented and have their rights safeguarded by properly certifying legal guardians, limiting the abuse of the system and enhancing our laws to protect the vulnerable."

Ward, R-30, said appointing a guardian for a person represents a serious step that must be taken with great caution and the utmost respect for the person's basic rights.

"This is an issue that can touch all Pennsylvanians," Ward said. "It's important that we take a proactive approach and identify and address issues with our current system. With the information gleaned from this hearing, we can ensure that the Pennsylvania's guardianship system meets the needs of our citizens in the 21st century."

To strengthen the guardianship laws in Pennsylvania, Baker, along with Sen. Art Haywood, D-4, recently introduced Senate Bill 506 to provide alternatives to appointed guardianships.

The bill would require courts to automatically appoint counsel to individuals undergoing the guardianship process, consider other less restrictive alternatives before imposing a guardianship, and institute training and screening of professional guardians.

This legislation originated from an unfortunate situation that occurred when Sen. Haywood's neighbor was taken advantage of by the unscrupulous practices of a professional guardian.

"While guardianship can be an appropriate tool to support some individuals who cannot make decisions themselves, it should be limited and used only as a last resort," Baker said. "Alternatives to guardianship may prove equally effective at a substantially lower emotional and financial cost."

During the hearing, testimony was given by professionals in the elder and disability law fields to provide input on the current flaws in Pennsylvania's guardianship process.

Panelists discussed how Pennsylvania is one of only eight states in the U.S. that does not automatically appoint counsel to represent alleged incapacitated persons, and highlighted the necessity for training and oversight of guardians to prevent waste, fraud and abuse.

"Unfortunately, cases where guardians have stolen or misused money belonging to the people they are legally charged with looking after are not uncommon," Baker said. "We must have capable people step in and protect their financial interests."

Senate Bill 506 has received bipartisan approval and is supported by the Pennsylvania Bar Association, Disability Rights PA, and other advocacy groups because it helps prevent fraud, abuse, and exploitation, and increases representation.

Casey, Cardin bill would expand Medicaid,

Medicare dental, vision, hearing coverage

U.S. Senators Bob Casey, D-Scranton, and Ben Cardin, D-MD, will introduce legislation to enable more Medicaid and Medicare beneficiaries to access comprehensive dental, vision, and hearing coverage.

Medicare does not cover those services, leaving many beneficiaries with no other options but to buy stopgap, short-term plans or go without coverage, often facing exorbitant out-of-pocket costs for basic care.

Medicaid can provide optional dental, vision, and hearing services, but the extent of the coverage varies by state. The Medicare and Medicaid Dental, Vision, and Hearing Benefit Act would allow Medicare to cover dental, vision, and hearing services and increase the federal investment in Medicaid, incentivizing more states to provide these comprehensive services.

"Because of a patchwork of limited health care coverage options for Medicare and Medicaid beneficiaries, many older adults, people with disabilities, and low-income families have inconsistent access to basic dental, vision, and hearing services," Casey said. "Cost should not be a barrier to care, and all Americans deserve access to comprehensive dental, vision, and hearing coverage, no matter what state they live in or how much money they make. This bill builds on the promise of Medicaid and Medicare to expand services that people need and help them avoid costly emergencies."

Research shows that untreated dental, vision, and hearing problems can have negative physical and mental health consequences. People with lower incomes are three times more likely to have four or more untreated cavities than adults with higher incomes or private insurance.

Vision loss is associated with increased fall risks and mobility limitations among older adults, while hearing loss is associated with an increased risk of social isolation and cognitive decline.

The Medicare and Medicaid Dental, Vision, and Hearing Benefit Act would strengthen coverage for dental, vision, and hearing services under Medicare by repealing the statutory exclusion that restricts coverage of such services.

It would expand Medicare coverage to ensure beneficiaries are covered for routine exams and other preventive care, as well as coverage for items like dentures, eyeglasses, and hearing aids.

Meuser votes to nullify Biden's

'Waters of the United States rule

U.S. Rep. Dan Meuser, R-Dallas, this week voted for a resolution to nullify the Biden Administration's "Waters of the United States" (WOTUS) rule, which changes the definition of a navigable water under the Clean Water Act, creating significant regulatory uncertainty for small businesses and farmers across America.

The Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers published the administration's WOTUS rule on Jan. 18, and voided the Trump Administration's Navigable Waters Protection rule, which provided much-needed clarity and certainty surrounding the nation's waters.

The resolution of disapproval would terminate the Biden WOTUS rule utilizing the Congressional Review Act, a mechanism for Congress to overturn certain final agency actions.

The legislation passed the House by a vote of 227 to 198. Meuser also participated in a House Small Business Committee hearing regarding the issue prior to the vote.

"Over 8,000 farms call my 9th Congressional District home, and never have I heard such clamor and outrage from them than over the Biden Administration's proposed WOTUS rule," Meuser commented. "It's a burdensome regulation that will create even more headaches and increased compliance costs for our farmers and small businesses."

Meuser said the WOTUS rule could lead to puddles and ditches on farmers' property being regulated under the Clean Water Act, even miles away from the nearest navigable water.

He also added that the Supreme Court is also set to rule on the legality of the WOTUS rule before the end of June.

Labor & Industry extends program to access

unemployment compensation (UC) system

The Pennsylvania Department of Labor & Industry (L&I) this week announced the extension of a successful program that enhances Pennsylvanians' access to the Unemployment Compensation (UC) system by offering in-person appointments to claimants in communities throughout the Commonwealth.

The program -- newly dubbed UC Connect -- has served nearly 34,000 UC claimants with in-person appointments at 58 PA CareerLink(R) locations since its launch in May 2022 with grant funding through the U.S. Department of Labor. UC Connect has been so popular among claimants seeking assistance that L&I has allocated staff and funding to continue the program indefinitely.

"Pennsylvania workers deserve a reliable Unemployment Compensation system that meets its obligation as a true safety net -- and that starts with excellent customer service," said L&I Acting Secretary Nancy Walker. "We are choosing to continue this program not only because claimants and advocates have told us many times that they love the in-person interaction offered through UC Connect, but also because it has empowered L&I staff to engage on a deeper level with our constituents and provide the effective customer service that Pennsylvanians deserve and expect."

In-person services for UC claimants are designed to assist individuals who do not have proper technology, equipment, or technical skills; individuals without access to home Internet or broadband; and individuals with limited-English proficiency. To schedule an appointment, claimants should contact a PA CareerLink(R) center directly. In the months ahead, L&I intends to offer additional scheduling mechanisms for in-person appointments. More information about UC Connect is available on L&I's website.

For more information on the Pennsylvania Department of Labor & Industry, please visit the website or follow L&I on Facebook, Twitter and LinkedIn.

Reach Bill O'Boyle at 570-991-6118 or on Twitter @TLBillOBoyle.

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