The first time the bill was run through the legislature, it suggested that the felony charge be laid when there is a third offense. That idea did not garner much support and it languished until Rep. Beth McCann, D-Denver, brought it back with the stipulation of a fourth offense. While seemingly popular the second time around, there are still those who feel the bill focuses on punishment and not treatment for offenders. Nonetheless, Colorado has had enough and wants to get inebriated drivers off the road. It is one of five states where such drivers only face misdemeanor charges even with repeated offenses.

Although this law is a step forward in addressing punitive measures for repeat drunken-driving offenders, the major issue of alcohol addiction and the need to successfully address it remains. Many alcoholics do not think they have a problem, and accidents happen. Until this issue is addressed, tragedies on the road will persist.

Our firm speaks on behalf of victims of drunk drivers. If you have been involved in a crash with a drunk driver, find out what your legal rights are and how to pursue a personal injury lawsuit.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

Texas Gov. Rick Perry passed House Bill 2383, allowing Texas residents who hold a life insurance policy of at least $10,000 to sell it via a life settlement. The money typically goes directly into a nonrefundable account from which long-term care expenses are paid, not directly back into the pocket of the senior. Texas Medicaid does not include life settlement proceeds in asset assessment while determining an individual’s Medicaid nursing home benefits eligibility. A similar bill is being considered in other states, including Florida, California, Louisiana, Kentucky, Montana, North Carolina and New Jersey.

The seniors who are considering selling their life insurance policies are typically doing so because they have been told that Medicaid coverage qualifications demand it, say elder care advocates. But, they caution, not all assets are counted. While a senior’s assets are not to exceed $2,000 for eligibility, home ownership, a car, and personal property are exempt. So is a life insurance policy; the “cash value” is countable, if the total face value exceeds $1,500. The “cash value” is what the life insurance company would pay out if the policy were cancelled, while the “face value” is what the beneficiaries would get when the senior died.

Is a life settlement the way to cover your long-term care needs? It depends on the situation. It may not make sense to sell your policy. Elder law attorneys have been assisting clients with private intra-family life settlement transactions for years. In these transactions a child will typically purchase his or her parent’s life insurance policy for its cash value in order to qualify for Medicaid. As long as the policy is sold for at least its cash value, Health and Human Services will not impose a transfer penalty. While the new law is not particularly useful, it draws attention to an important Medicaid planning strategy. .

Before making any decisions regarding paying for long-term care, consult with an elder law attorney to explore your long-term options.

The Hale Law Firm believe the right solution to your estate planning, elder law, or probate needs can be identified in a free initial consultation with one of our attorneys and counselors at law. To learn more, visit http://www.thehalelawfirm.com/ or call 972.351.0000

Advocates of the change say that the fund would provide private insurers with competition, which would bring workers’ compensation premiums down for employers. The bill is supported by Democrats in the state legislature, who say the goal is fair and affordable insurance rates for businesses. Private insurers are strongly opposed to the bill, saying that a state fund will not bring prices down and would violate free market principles. Currently more than 300 private insurance companies compete for workers’ compensation business in Illinois.

Workers’ compensation insurance premiums have already dropped 9.2 percent since reforms that began in September of 2011, but advocates of the state fund say that is not fast enough. Representatives of the insurance industry say that rates have not dropped as much as expected partly because of the increasing cost of health care.

Approximately half of U.S. states have a state fund for workers’ comp insurance, with most of these allowing the state fund to compete with private insurers. Four states have a state fund as the exclusive insurer for workers’ compensation. Researchers have found that the occasional higher losses of state funds are offset by better efforts to prevent work injuries and lower overhead expenses.

Bob Briskman is a Chicago work injury lawyer and workers compensation attorney with Briskman Briskman & Greenberg. To read more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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