Ron M. Landsman, P. A. COUNSELOR AND ATTORNEY-AT-LAW

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1 Ron M. Landsman, P. A. COUNSELOR AND ATTORNEY-AT-LAW 200-A MONROE STREET, SUITE 110 FREDERICK COUNTY OFFICE ROCKVILLE, MARYLAND W. PATRICK STREET FREDERICK, MARYLAND FAX Tel 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

2 Ron M. Landsman, Resumé Page 2 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 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. BAR ADMISSIONS 2012 U. S. Court of Appeals for the Third Circuit 2011 U.S. District Court of Maryland 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 present Originating counsel in Goodwin v. Dudek (Florida Department of Health), a class action challenging Florida Medicaid s failure to allow a cost of care deduction for pre-eligibility medical expenses Of Counsel for National Academy of Elder Law Attorneys as Amicus Curiae, in Lewis v. Alexander, 685 F.3d 325 (3 Cir., 2012), rejecting rd state limitation on use of pooled special needs trust accounts

3 Ron M. Landsman, Resumé Page 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 expenses and settled in May, 2010, with D.C. agreeing to strict new compliance rules judicially monitored for four years Of Counsel for National Academy of Elder Law Attorneys as Amicus Curiae, in Maryland Department of Health and Mental Hygiene v. th Center for Medicare and Medicaid Services (4 Circuit) and Timm v. Montana Department of Public Health and Human Services (Montana Supreme Court) 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 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

4 Ron M. Landsman, Resumé Page 4 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 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 2008 to listed in Maryland Super Lawyers, Elder Law (Washington Post Magazine) 2008 to listed in District of Columbia Super Lawyers, Elder Law (Washington Post Magazine) present Board of Directors, National Academy of Elder Law Attorneys, Inc Board of Directors, National Disability Institute present Editor for Quality Control, The NAELA Journal

5 Ron M. Landsman, Resumé Page Best Lawyers, Lawyer of the Year, Elder Law, Washington DC present - Included in Washington s Top Lawyers, Washingtonian Magazine present Counsel for Wesley Vinner Memorial Trust present Vice President, Board of Directors, First Disability Trust of Maryland, Inc. 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, PUBLICATIONS A Second Look at Marmet Health Care Center v. Brown: State Contract Law Provides Defenses to Nursing Home Contract Arbitration Clauses, NAELA Journal, Spring 2013, Volume IX, Number 1 E.M.A. v. Cansler, Fourth Circuit Holds that Albhorn requires Hearings to Determine Medicaid Subrogation Claims, Trial Reporter, Journal of the Maryland Association of Justice, Special Issue 2013, pp. 22,23 Case Note: Lewis v. Alexander Vindicates Primacy of Federal Law of Special Needs Trusts, NAELA Journal, Fall 2012, Volume VIII, No. 2, pp.233 Case Note: Fourth Circuit In E.M.A. v. Cansler Rejects State Court Trend and Holds that Ahlborn Requires Hearings to Determine Medicaid Subrogation Claims, NAELA Journal, Volume VIII, Number 2

6 Ron M. Landsman, Resumé Page 6 The Absolutely Basic Guide to Public Benefits for Health Professionals, by Ron M. Landsman Special Needs Trusts, Part V, Chapter 4, A Practical Guide to Estate Planning, Edited by Professor Jay A. Soled (American Bar Association, 2011). Maryland Medicaid Reimbursement Claims D.C. Trial Reporter, (Journal of the Trial Lawyers Association of Metropolitan Washington, D.C., Vol. 10, no. 1, Winter 2010, (pp ) Getting Medicaid s Hand Out of Your Client s Pocket, Trial Reporter, (Journal of the Maryland Trial Lawyers Association), Fall 2008, (pp ), (2008) Who Gets the Benefit of Your Work? Trial Reporter, (Journal of the Maryland Trial Lawyers Association), Summer 2007, (pp ), (2007). 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) Maryland Medicaid Agrees to Exclude Out-of-State Former Home, The ElderLaw Report, 11:7, P.3 (February 2000). Planning for Disability, Estates, Gifts and Trusts Portfolio Series, #816, BNATax Management (with Ralph J. Moore, Esq., Shea and Gardner) (2000). 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)

7 Ron M. Landsman, Resumé Page 7 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). "Fairness Doctrine and Cigarette Advertising: A First Amendment Solution," New York Times, Op Ed page, January 2, "Terminating Food and Water: The Emerging Legal Rules," in Lynn, Joanne (ed.), By No Extraordinary Means (Indiana U. Press 1986). FILM CREDITS Aviva Kempner, The Hank Greenberg Story, Thank you.