RON M. LANDSMAN COUNSELOR AND ATTORNEY-AT-LAW
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1 RON M. LANDSMAN, P.A. 200-A MONROE STREET, SUITE 110 ROCKVILLE, MARYLAND (FAX) RON M. LANDSMAN COUNSELOR AND ATTORNEY-AT-LAW LAW CAREER Present COUNSELOR AND ATTORNEY-AT-LAW Rockville, Md. Principal of firm in personal law practice focused on issues affecting the elderly and disabled: Disability planning, special needs trusts, Medicaid planning, applications and appeals, estate planning, conservatorships and guardianships, case management and medical decision-making are primary areas of interest, experience and training. Have also worked on Social Security and disability income (public and private), nursing home discharge and other disputes Partner, LANDSMAN, EAKES & LASTER ( ) and LANDSMAN & LASTER ( ) Washington, D.C. Managing partner of small firm largely devoted to Elder Law work. Scope of work same as that in present practice Associate, SPIEGEL & MCDIARMID Washington, D.C. Senior associate of 20-lawyer firm specializing in representing non-profit municipal wholesale customers in electric power and natural gas industries; also represented consumers in insurance regulatory matters Staff attorney, U.S. DEPARTMENT OF JUSTICE, ANTITRUST DIVISION, APPELLATE SECTION Washington, D.C. Briefed and argued for United States in a variety of antitrust and regulatory cases, including United States v. AT&T, before the U.S. courts of appeals. Briefed and argued approximately 15 cases in D.C., 3rd, 7th, 8th and 9th circuits, and briefed cases in Supreme Court.
2 Ron M. Landsman, Resumé Page Judicial clerk, HON. JOHN C. GODBOLD, U.S. COURT OF APPEALS, (OLD) 5TH CIRCUIT Montgomery, Ala Law clerk, FEDERAL TRADE COMMISSION, BUREAU OF COMPETITION Washington, D.C. OTHER EMPLOYMENT Summers, Intern, PUBLIC INTEREST RESEARCH GROUP Wash., D.C Researched and wrote unpublished study of the American Automobile Association and its affiliated chapters Staff reporter, SOUTHFIELD ECCENTRIC Southfield, Mich. Summer, 1970 Staff reporter, DETROIT FREE PRESS Detroit, Mich. Summer, 1969 Staff reporter, ASSOCIATED PRESS Detroit, Mich. BAR ADMISSIONS 2007 U.S. Court of Appeals for the Fourth Circuit 1984 Court of Appeals of Maryland 1978 U.S. Supreme Court 1977 U.S. Court of Appeals for the District of Columbia 1975 District of Columbia Court of Appeals SIGNIFICANT LEGAL ACTIVITIES Originating counsel in Smith v. McCann (Department of Health and Mental Hygiene), a class action challenging Maryland Medicaid s failure to allow a cost of care deduction for pre-eligibility medical expenses and settled in May, 2010, with Maryland agreeing to pay $16 million in past fees due Originating counsel in Janigian vs. Payne (Department of Health for the District of Columbia a class action challenging D.C. Medicaid s failure to allow a cost of care deduction for pre-eligibility medical
3 Ron M. Landsman, Resumé Page 3 expenses and settled in May, 2010, with D.C. agreeing to strict new compliance rules judically monitored for four years Of Counsel for National Academy of Elder Law Attorneys as Amicus Curiae, in Timm v. Montana Department of Public Health and Human Services (Montana Supreme Court) and Maryland Department of Health and Mental Hygiene v. Center for Medicare and th Medicaid Services (4 Circuit) Originating counsel in Brown vs. Payne (Department of Health for the District of Columbia), a class action challenging District of Columbia s failure to comply with Federal law in its estate recovery program 2005 Briefed, argued and won Walton v. Mariner Health of Maryland, Inc., 391 Md. 643 (2006), limiting nursing home rights against responsible parties under nursing home admission agreements Successfully opposed D.C. Medicaid program claims against decedent's estates for recovery of benefits paid for services because of D.C. s failure to give Federally required notice respecting rights to hardship waiver and prohibition against estates with surviving spouses and disabled children Successfully opposed D.C. Medicaid program claim against decedent's estate for recovery of benefits paid for services provided individual under the community medicaid program because of D.C. s failure to properly promulgate its estate recovery program in its Medicaid State Plan, a Federal law requirement. D.C. v. Rasmussen, D.C. Superior Court, Admn. No (Estate of Simmons) Through litigation, compelled Maryland Medicaid program to change policy to come into compliance with Federal law and permit the use of court orders to increase the income and resources of the community spouses of married nursing home residents. Final resolution came in simple settlement order, McGhee et al. v. Secretary, Dept. of Health and Mental Hygiene, et al., Maryland Court of Special Appeals, September Term 1999, No , Order dated December 26, Persuaded Maryland Medicaid program to change policy to come into compliance with Federal law and permit nursing home residents to treat out-of-state former homes as exempt former home without loss of residency status for Medicaid eligibility purposes. Results in treating former DC (and other state) residents in Maryland nursing homes to be
4 Ron M. Landsman, Resumé Page 4 treated same as Maryland residents with respect to former homes. See "Maryland Medicaid Agrees to Exclude Out-of-State Former Homes," The ElderLaw Report, 12:2, P. 5 (September 1995). PROFESSIONAL ACTIVITIES AND HONORS 2010-present Editor for Quality Control, The NAELA Journal present Vice President, Board of Directors, First Disability Trust of Maryland, Inc Board of Directors, Shared Horizons, Inc., manager of Wesley Vinner Memorial Trust 2008-present General Counsel, Shared Horizons, Inc., manager of Wesley Vinner Memorial Trust 2005-present Initial member, Nominating committee member, Council of Advanced Practitioners, National Academy of Elder Law Attorneys Founding member, Speical Needs Alliance, LLC Member, Steering Committee, Estate, Trusts and Probate Law Section, D.C. Bar Chairman, Elder Law Section, Maryland State Bar Association 1995-present Selected for inclusion to Martindale-Hubbell, Bar Register of Preeminent Lawyers 1994-present Member, National Multiple Sclerosis Society, National Capital Chapter, Legal Advisory Committee Officer, Elder Law Section, Maryland State Bar Association, Member, Elder Law Section Council, Member, Family and Child Services, Senior Services Committee 1991 Selected as a Fellow of the National Academy of Elder Law Attorneys Member of the Board, Greater Washington Chapter of Alzheimer's Disease and Related Disorder Association
5 Ron M. Landsman, Resumé Page 5 EDUCATION 1974 J.D., magna cum laude, University Of Michigan Law School Ann Arbor, Mich. Honors and activities: Order of the Coif, Michigan Law Review B.A., history, University Of Michigan, College of Literature, Science and Arts Ann Arbor, Mich. Honors and activities: 125th, Putnam National Math Competition, 1967; Managing Editor, The Michigan Daily, PROFESSIONAL AND PUBLIC EDUCATION The following is a partial list of speaking engagements and professional and public education presentations Alzheimer's Association of Greater Washington, 1st Annual Caregivers' Conference, "Financial and Legal Aspects of Alzheimer's Disease," November Joint Conference on Law and Aging, with Charles Sabatino, "Advance Planning: Drafting Health Care Powers and Living Wills," October. Georgetown University Law Center/DC Bar, Continuing Legal Education -- "Medicaid Issues for the Elderly," Estate Planning for the Elderly and Handicapped Client, October. Alzheimer's Association of Greater Washington, 2nd Annual Caregivers' Conference, "The New Medicaid Rules," November International Association of Financial Planners, Greater Washington chapter, "One or Two Things Financial Planners Should Know About Medicaid," November Alzheimer's Association of Greater Washington, 3rd Annual Caregivers' Conference, "Hope for the Caregiver -- Claiming Your Right to Avoid Poverty with Medicaid," January 31. MICPEL (Maryland Institute for Continuing Professional Education of Lawyers) -- "Planning within the Medicaid Rules," Medicaid 1990, half-day program, April 26
6 Ron M. Landsman, Resumé Page 6 National Academy of Elder Law Attorneys, 2nd Annual Symposium on Elder Law, with Mary Ceridan, "'Spousal Impoverishment' under Medicaid," May 18. DC Bar Public Service Activities Corp., "Medicaid Qualifying Trusts" in training for volunteer lawyers on guardianship issues, October 10. National Association of Professional Geriatric Care Managers, 6th Annual Conference, with Jacqueline Efram, "The Challenge: To Honor Self-Determination in a time of Declining Individual Capacity," October 19. Alzheimer's Association of Greater Washington, 4th Annual Caregivers' Conference, "Medicaid Issues for the Alzheimer's Family," November 1. Maryland Office on Aging, staff training for Title III attorneys and paralegals on COBRA rights, November MICPEL -- "Medicaid Planning" and expert panel presentation (with Jason Frank and David Pessin), Institute on Planning for the Elderly , all-day program, February 27. Montgomery County Providers' Council, "Three Medicaid Myths," May 2. National Academy of Elder Law Attorneys, 3rd Annual Symposium on Elder Law, with Ellice Fatoullah, "Paying for Long Term Care -- Advanced Medicaid Planning," May 18. Maryland State Bar Association -- "Cruzan's Affect on Living Wills and Durable Powers of Attorney for Health Care in Maryland," with Jack Schwartz, chief counsel on opinions, Attorney General's Office, among others, June MICPEL -- "Medicaid Planning" and expert panel presentation (with Jason Frank and David Pessin), Institute on Planning for the Elderly , two all-day programs, March 18 and 25. National Academy of Elder Law Attorneys, 4th Annual Symposium on Elder Law, "Understanding Basic Medicaid," April 30.
7 Ron M. Landsman, Resumé Page MICPEL -- "Medicaid Planning" and expert panel presentation (with Jason Frank and David Pessin), 1st Annual Judith Mero Memorial Institute on Planning for the Elderly , two all-day programs, March 19 and MICPEL -- "Advanced Medicaid Planning," Institute on Elder Law , "Hot Issues In Elder Law," two all-day programs, June 17 and District of Columbia Bar Association, "Trusts In Medicaid Disability Planning," Estates, Trusts and Probate Section, November District of Columbia Estate Planning Council, "Trusts In Disability Planning," January 18. MICPEL -- Presenter and chairman, "Planning for Persons with Disabilities," two half-day programs, October 31 and November Family and Child Services of Washington, D.C., Inc., "Security for Spouses," October MICPEL -- "Medicaid Planning" and expert panel presentation, halfday program, April MICPEL -- Co-chairman and presenter, "Elder Law 201, half-day program, May 3 Joseph P. Kennedy Institute -- Workshop presenter, "Alternate Decision-Making, at First Annual Aging and Developmental Disabilities Conference, September MICPEL -- Presenter, "Understanding Medicaid Eligibility Rules, - half-day program, February MICPEL -- Presenter, "Understanding Medicaid Eligibility Rules, - half-day program, May MICPEL -- Presenter, "Understanding Medicaid Eligibility Rules, - half-day program, May MICPEL -- Presenter, "Understanding Medicaid Eligibility Rules, - half-day program, May 19
8 Ron M. Landsman, Resumé Page 8 NAELA -- Presenter, 2006 Symposium, April 20, Walter Mitty Goes to Court: Section 1983 for Non-Litigators AARP -- NALC Roundtable, April 21, Presenter, Walter Mitty Goes to Court: Section 1983 for Non-Litigators 2007 MICPEL -- Chairman, "Medicaid in the DRA Era, half-day program, May Maryland Trial Lawyers Association -- Presenter, The 2008 Disability Section Seminar, Medicare/Medicaid Panel, June 2008 PUBLICATIONS "Legal Planning of Health Care for the Critically Ill: Issues, Ethics and Emotions," PLI Legal Notes and Viewpoints 5:4, p. 49ff (August 1985). "Terminating Food and Water: The Emerging Legal Rules," in Lynn, Joanne (ed.), By No Extraordinary Means (Indiana U. Press 1986). "Fairness Doctrine and Cigarette Advertising: A First Amendment Solution," New York Times, Op Ed page, January 2, "Responding to Over-medication of Nursing Home Residents: Using the New OBRA Rules," in The Elderlaw Report, II:1, p. 1 (July/August 1990). "Medicaid, Your Money and You," Modern Maturity, with Garey Eakes, February/March Three part series on advanced Medicaid planning: "Advanced Medicaid Planning: Spousal Impoverishment," The ElderLaw Report, 3:1, P.1, (July/August 1991) "Advanced Medicaid Planning II: Asset Transfers," The ElderLaw Report, 3:3, P.1, (October 1991) "Advanced Medicaid Planning III: Trusts," The ElderLaw Report, 3:4, P.1, (November 1991). "Maryland Medicaid Agrees to Exclude Out-of-State Former Homes," The ElderLaw Report, 12:2, P. 5 (September 1995).
9 Ron M. Landsman, Resumé Page 9 "Money & Law: Be Sure Your Bank Accepts Your Power of Attorney," The Senior Beacon, 7:11, p.4 (November 1995). "Trusts Under the 1993 Amendments to the Federal Medicaid Statue," Journal of Asset Protection, Warren, Gorham, Lamont: New York, NY, December 1, "Medicaid: History and Scope," Encyclopedia Of Financial Gerontology, Greenwood Press: Westport, Conn., "The Criminalization of Transfers for Medicaid Eligibility," Journal of Asset Protection, Warren, Gorham, Lamont: New York, NY, January 27, Two-part series on a major aspect of advanced Medicaid planning: "Going to court to Improve Spousal Benefits; Part I: The Resource Rules", The ElderLaw Report, P.1, (September 1998); "Clarifying the Judicial Procedures for Obtaining Relief from Spousal Impoverishment Rules; Part II: Medicaid Income Rules," The Elder- Law Report, P.1, (October 1998) Planning for Disability, Estates, Gifts and Trusts Portfolio Series, #816, BNATax Management (with Ralph J. Moore, Esq., Shea and Gardner), (2000). The CMS Letter on Old Medical Bills: Background, Meaning and Potential Issues, (with Eric Carlson), The Elder Law Report, 6:5, P.1, (December 2004) Getting Medicaid s Hand Out of Your Client s Pocket, Trial Reporter, (Journal of the Maryland Trial Lawyers Association), Fall 2008, (pp ), (2008) FILM CREDITS Aviva Kempner, The Hank Greenberg Story, Thank you. September, 2010
Ron M. Landsman, P. A. COUNSELOR AND ATTORNEY-AT-LAW
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