JASON ALAN FRANK 1400 Front Avenue, Suite 200 Lutherville, MD 21093 410-337-8900 (office) 410-337-0031 (fax) 410-308-4904 (home) 410-456-4685 (cell) E-mail: jfrank@frankelderlaw.com ADMITTED: Supreme Court of the United States Maryland Court of Appeals U.S. District Court for the District of Maryland EDUCATION: New York University School of Law, J.D., 1979 New York, New York Honors: Ann Petluck Poses Memorial Prize for Outstanding Work in a Clinical Program SIGNIFICANT CASES: Connecticut College, B.A. History, 1976 New London, Connecticut Honors: Ann Corbett DeVille Memorial Prize for Outstanding Work in American History; Graduation with Distinction in History DHMH v. Ida Brown, 406 Md. 466, 959 A.2d 807 (2007); co-authored Amicus Curiae of MD/DC Chapter of NAELA, Inc. for successful appellee, in case that holds State of MD employed impermissibly strict nursing facility level of care standard for Medicaid Assistance long term care benefits. Oak Crest Village, Inc. v. Murphy, 379 Md. 229, 841 A.2d 816 (2004); Co-counsel for successful Appellee in case that holds Medical Assistance participating retirement community nursing home to Medical Assistance eligibility rules. Attorney Grievance Comm'n v. McLaughlin, 372 Md. 467, 813 A.2d 1145 (2002); Expert witness for prosecution for disbarment of unscrupulous elder law attorney. SIGNIFICANT LEGISLATION: 2011-2013 Special Needs Trust statute. Worked closely with sponsors Senator Lisa Gladden and Delegate Michael Smigiel to ensure passage of Estates & Trusts 14-115 (now Estate & Trusts 14.5 1002) and the protection and expansion of the ability of recipients of public benefits to use Special Needs Trusts with additional amendments in 2013 to further protect SNT beneficiaries.
1999 Medicaid Home & Community Based Services Waiver for Older Adults statute. Worked closely with sponsors Senators Paula Hollinger and Delores Kelley so that Health-General 15-132 became law and a viable program. PUBLICATIONS: Books, Articles & Essays 2015 NAELA News, Expand Home Health Coverage, Summer 2015, pg.30 2013 Frank, J.A., W(h)ither Medicaid? NAELA Journal, Volume 9 No. 1, Spring 2013 pp 70-89 1996 2015 Frank, J.A., Elder Law in Maryland, Lexis Law Publishing Co., 4th edition, 4 th revision (2015). 2012 Frank, J.A., Contributing Author, Chapters 11 (Elder Law) and 12 (Medicaid) with Alisa Chernack) in Angela M. Vallario, The Fundamentals of Estate Planning, Carolina Academic Press (2012). 2011 Frank, J.A., New Legislation Increases Utility of Special Needs Trusts, Maryland Association for Justice, Trial Reporter, Fall 2011, pp. 17-20. 2008 2015 Frank, J.A., Maryland Medicaid: Long-Term Care, (George T. Bisel Company, Inc. 2009, Supp. 2010, 2011, 2012, 2013 & 2014). 2010 Frank, J.A. and Gordon, F., Recession s Effect on the Elderly, The Maryland Bar Journal, Vol. 43, No. 20, January 2010, pp. 20-26. 2009 Frank, J.A. and Gordon, F., Albhorn, Tristani & Uncertainty in Dealing with Medicaid Liens, Maryland Association for Justice, Trial Reporter, Fall 2009, pp. 25-27. 2009 Frank, J.A. and Abrams, M., Baby Boomers and Elder Law: Three Future Scenarios, The Maryland Bar Journal, Vol. 42, No. 26, January 2009, pp. 26-32. 2008 Frank, J.A. and Baum, M., Global Analysis: Social Insurance to Pay for Long-Term Care, The Maryland Bar Journal, Vol. 41, No. 26, March 2008, pp. 27-31. 2008 Frank, J.A. and Baum, M., Level of Care Standard: Maryland Medical Assistance Long-Term Care & Medical Eligibility Issues, The Maryland Bar Journal, Vol. 41, No. 44, March 2008, pp. 46-49. 2008 Frank, J.A., The Case For Asset Protection, Elder Law Advisory, March 2008. 2006 Frank, J.A., Contributing Author, Analysis of Changes to Federal Medicaid Laws under the Deficit Reduction Act of 2005, NAELA Journal, Vol. 2, Special Edition, 2006, pp 226-233.
2005 Frank, J.A., Long Term Care in the 21 st Century, The Maryland Bar Journal, Vol. 38, No. 4, July 2005, pp 19-25. 2002 Frank, J.A., Be Careful What You Wish for: The Maryland Medicaid Waiver Experience, Vol. 3, No. 4, Elder s Advisor, a publication of the Marquette University School of Law, 2002, pp 15-20. 1999 Frank, J.A., The Necessity of Medicaid Planning, 30.1 University of Baltimore Law Forum 29-42, 1999. 1998 Frank, J.A., Paying and Planning for Long Term Care, The Maryland Bar Journal, Vol. 31, No. 2, March/April 1998, pp. 26-31. 1994 Frank, J.A., A Foundation Work for the Practitioner s Library, The ElderLaw Report, June 1994 (a book review of Elderlaw: Advocacy for the Aging). 1993 Frank, J.A., Impact of the Maryland Health Care Decisions Act on Guardianship, The Elder Law Advisory, October 1993. 1992 Frank, J.A., Mezzulo, L.A. and Woolpert, M., Chapter 4: Daily Living Problems Facing the Elderly, Advising the Elderly Client, New York, NY: Clark Boardman Callaghan Company, 1992. 1991 2013 Frank, J.A., MSBA Elder Law and Disability Rights Section Chair, Continuing Legal Ed. Comm., Contributing Author and faculty. 1991 Frank, J.A., Issuing Do Not Resuscitate Orders for Legally Disabled Individuals, The Elder Law Advisory, October 1991, pp 6-8. TEACHING: 2011 present University of Baltimore School of Law, Baltimore, Maryland Adjunct Professor, Elder Law. 2004 present University of Maryland School of Law, Baltimore, Maryland Adjunct Professor, Elder Law. 2003 present Towson University, M.A. Program in Applied Gerontology, Towson, Maryland Adjunct Professor, Legal Issues in Applied Gerontology. 1995 present The Johns Hopkins University, Krieger School of Arts & Sciences Odyssey Program, Certificate on Aging Program, Baltimore, Maryland Advisory Board and Adjunct Professor, Legal Issues and the Elderly.
PREVIOUS COURSES: 1999 University of Maryland School of Law, Baltimore, Maryland Adjunct Professor, Legal Problems of the Elderly seminar. 1988 University of Baltimore School of Law, Baltimore, Maryland Adjunct Professor, Civil Practice Clinic. 1984 1985 University of Baltimore School of Law, Baltimore, Maryland Adjunct Professor, Clinical Skills and Civil Practice Clinic. CONFERENCES: 2015 NAELA Summit, New Port Beach, CA, Public Policy Update 2013 ABA Webinar, with Professor Katherine Pearson, Filial Responsibility 2012 National Aging and Law Institute, Washington, D.C., Teaching Elder Law 2012 National Academy of Elder Law Attorneys Annual Meeting, Seattle, WA, Maryland s Special Needs Trust Legislative Experience 2011 Stetson College of Law/Special Needs Alliance Fall Meeting Maryland Special Needs Trust 2011 Legislation 2010 National Academy of Elder Law Attorneys, Annual Meeting, Orlando, Florida, Medicaid and Long Term Care Provisions of the New Health Care Reform Law. 2007 2008 National Aging and Law Conference, Crystal City, Virginia Deficit Reduction Act 1915(i) & (j) and Medicaid Waivers. 2006 ALI-ABA Law Video Webinar Cosponsored by NAELA, Faculty, Implications of the Deficit Reduction Act of 2005. 2005 National Academy of Elder Law Attorneys Institute, San Francisco, California, Plenary Session Speaker, Pearls and Gems of Successful Medicaid Advocacy. 2001 National Academy of Elder Law Attorneys, Institute, Vancouver, British Columbia, Canada Speaker, The Maryland Medicaid Waiver Experience. 4
HONORS AND AWARDS: 2014 Fellow, National Academy of Elder Law Attorneys 2013 Maryland Volunteer Lawyer Service Partnership Award 2012 Alzheimer s Association Alois Society Leadership Award 2012 Admitted, NAELA Council of Advanced Practitioners (CAP) 2008-2015 Baltimore Magazine Super Lawyers (peer reviewed) 2010 Certified Elder Law Attorney (CELA) by the National Elder Law Foundation 2009 Daily Record Leadership in Law Award 2006 Certificate of Appreciation from the Alzheimer s Association 2006 NAELA, Maryland Chapter Award for Outstanding Achievement 2002 Certificate of Appreciation from the Multiple Sclerosis Society 2001 Leadership Maryland, Class 2001 1996 present AV rated, Martindale-Hubbell 1983 Fraternal Order of Police Lodge #3, Certificate of Appreciation PROFESSIONAL AND COMMUNITY SERVICE: PRESENT 2014 present Board of Directors, National Academy of Elder Law Attorneys, Inc. 2015 present Co-Chair, NAELA Public Policy Steering Committee 2012 present Mentor, Maryland Court of Appeals New Attorney Mentoring Program 2011 present Member, LifeBridge Planning Committee. 2009 present Member, NAELA Public Policy Committee, (2013 Vice Chair). 2007 present Member, Board of Directors, Job Opportunities Task Force, Inc. 2006 present Member, Board of Directors, Levindale Hebrew Geriatric Center & Hospital. 2006 present NAELA, DRA Response Committee. 2005 2014 President (and immediate past President), First Maryland Disability Trust, Inc. FMDT is a non-profit pooled asset Trust for people with disabilities pursuant to 42 U.S.C. 1396p(d)(4)(C). 2004 present Public Policy Chair, Maryland-DC Chapter of National Academy of Elder Law Attorneys (NAELA), Inc. 1999 present Member, Board of Trustees, The Wesley, Inc. 5
PAST 1994 2013 Member, Maryland State Bar Association, Elder Law and Disability Rights Section Council, two (2) years as Chair 1986 2011 Member, Advisory Board, Baltimore County Provider Council, a forum for professionals working with senior citizens. 2010 2011 Member, Maryland State Department of Health and Mental Hygiene, Long Term Care Reform Committee. 2010 2012 Member, NAELA Academic Committee. 2002 2010 The Associated Jewish Federation of Baltimore, Caring Commission (formerly Commission On Aging). 2007 2012 Member, Everyman Theatre Capital Campaign Committee. 2005 2015 Member, Myerberg Senior Center Board of Directors. 1999 2010 Member, Maryland Department of Aging Continuing Care Advisory Committee. 2007 2008 Chair, Maryland State Bar Association, Elder Law Section Council. 1998 1999 2003 2009 Member, Maryland Institute for Continuing Professional Education of Lawyers, Inc. (MICPEL), Curriculum Committee. 2000 2004 President, Maryland-DC Chapter of National Academy of Elder Law Attorneys (NAELA), Inc. 2000 2007 Board of Directors, Comprehensive Housing Assistance, Inc. (CHAI). 1999 2006 Legislative Advisor, Maryland State Senator Paula Hollinger. 1997 Member, Maryland State Department of Health and Mental Hygiene, Long Term Managed Care Technical Advisory Committee. 1995 2004 Member, Board of Directors, Community Assistance Network (CAN) Inc., the Community Action Agency for Baltimore County. 1993 2006 Host, Frank Talk on Elderlaw, WCBM 680AM, 8-9 a.m., last Sunday 6
of each month. 1992 NAELA Nominating Committee 1989 1999 Member and Incorporator, Board of Directors, Baltimore County Public Library Friends, Inc. 1986 1989 Member, Board of Directors, Peers in Passage, Inc., a nonprofit corporation providing transition counseling to senior citizens. 1985 1992 Member, Board of Directors, Progressive Horizons, Inc., a nonprofit corporation providing in-community living for adults with disabilities. 1985 1987 Member, Governing Body, Central Maryland Health Systems Agency, Inc. 1980 1985 Member, Board of Directors, Baltimore City Rape Crisis Center, Inc. 1977 1979 Member, Board of Directors, Washington Square Legal Services Corporation. PROFESSIONAL ASSOCIATIONS: American Bar Association Maryland State Bar Association Baltimore County Bar Association National Academy of Elder Law Attorneys, Inc. MD/DC Chapter of the National Academy of Elder Law Attorneys, Inc. Special Needs Alliance, Inc. NAELA Council of Advanced Practitioners (CAP) EMPLOYMENT HISTORY: 1985 present Frank, Frank & Scherr, LLC (Formerly known as Law Office of Jason A. Frank) 1400 Front Avenue, Suite 200 Lutherville, MD 21093 President of private practice with ten lawyers devoted exclusively to elder law and disability issues focusing on guardianship, asset management, Medicaid Planning, life sustaining treatment issues, Advance Directives, Supplemental Needs Trusts, and Estate Administration. 1987 present Assistant Baltimore County Attorney 7
Baltimore County Office of Law 611 Central Avenue Towson, MD 21204 General counsel to the Baltimore County Department of Aging through the Baltimore County Office of Law. The Baltimore County Department of Aging is both a County Chartered department and an Area Agency on Aging under the Federal Older Americans Act. Responsibilities include, but are not limited to, one hundred forty (140) guardianship cases, more than two (2) dozen affiliated nonprofit organizations and senior centers, legal adviser to Senior Digest, the nursing home Ombudsman, and the County Ride transportation system. 1983 1985 Staff Attorney/Adjunct Professor University of Baltimore School of Law Baltimore, MD 21201 Served as an instructor for the University of Baltimore Clinical Skills course, supervised Rule 18 student practice through the Civil Practice Clinic, managed the provision of legal services to Baltimore County Senior Citizens. 1981 1983 Associate Attorney Steinberg, Schlachman, Potler, Belsky and Weiner, P.A. Served as pre-paid legal plan attorney for the Fraternal Order of Police Lodge #3 and supervised legal plan attorneys including those serving UFCW Local 27 and the UAW. 8