24 THE QUEENS COURIER • MARCH 9, 2017 FOR BREAKING NEWS VISIT WWW.QNS.COM City Council unanimously passes Queens lawmaker’s women’s health bills BY ANTHONY GIUDICE [email protected] @A_GiudiceReport Th e City Council celebrated the fi rst day of Women’s History Month by unanimously passing three bills aimed at improving and protecting women’s health and reproductive rights. Late last year, Councilwoman Elizabeth Crowley introduced the three bills (Introduction 1161, Introduction 1162, and Introduction 1172) to the City Council’s Committee on Health, in hopes of protecting women’s reproductive rights, as many feel those rights are in danger under the current president’s administration. Th e bills were passed during the City Council’s stated meeting on Wednesday, March 1. “First, it’s important to emphasize the fact that all over the country, women’s health and reproductive rights are being attacked,” Crowley said. “Th ese bills on health are necessary for this city to protect those rights, and better understand the utilization rates of women’s health services, which so many of our local communities need better access to. Women’s health is family health and family health is community health.” Th e fi rst bill introduced by Crowley — Introduction 1161 — requires the Department of Health and Mental Hygiene (DOHMH) to provide an annual report to the Council on HPV vaccination rates for all New York City residents, both men and women. HPV is most common sexually transmitted disease (STD) in the country. Th e disease has infected nearly 79 million people nationwide and aff ects 14 million more each year, with half of these new infections aff ecting those aged 15-24. In NYC, an average of 2,375 people are diagnosed with HPV-related cancer each year, nearly two-thirds of who are women. Th e data collected from this bill can be used to determine how eff ectively DOHMH is at reaching target groups and to determine where early prevention resources are most needed. Crowley’s Introduction 1162 requires the DOHMH to report on the use of long-acting contraceptives by New York City residents, including intrauterine devices (IUDs) and implants, which are some of the most eff ective forms of reversible birth control. Due to high costs and misinformation, however, most women chose another form of birth control. Introduction 1172 requires the DOHMH to report maternal mortality rates annual to the City Council Speaker. Th e report would include the number of deaths by women who were pregnant or recently pregnant at the time of death, the rate of these deaths per 100,000 births, the leading causes and recommendations regarding actions the city can take to improve maternal health and reduce maternal mortality. The Elder Law Minute TM Use Care When Making Distributions to an SNT Benefi ciary BY RONALD A. FATOULLAH, ESQ. AND EVA SCHWECHTER, J.D. One of the most important goals for people with disabilities is to preserve funds for the long-term, to help maintain a higher quality of life. A special needs trust is a vehicle that holds funds for the benefi t of a disabled individual, and is designed to supplement a benefi - ciary’s income so that he or she can continue his/her standard of living, without jeopardizing his/ her eligibility for public benefi ts, such as Supplemental Security Income (“SSI”). Th e trustee of the special needs trust can utilize trust funds to provide items and services for the benefi ciary. When serving as the trustee of a special needs trust, it is crucial to be careful when making distributions for the benefi t of the benefi ciary – distributions should not be made directly to the benefi ciary. Th is is particularly true if the benefi ciary receives SSI. Th e Social Security Administration (“SSA”) has strict rules regarding unearned income for SSI recipients, and a distribution made directly to a benefi ciary could potentially violate Social Security’s rules. If a distribution violates these rules, the SSA will ELDER LAW treat the distribution as unearned income on behalf of the benefi ciary and reduce the benefi ciary’s income dollar-for-dollar aft er the fi rst $20 of the distribution. For example, a trustee cannot provide a cash reimbursement to a benefi ciary for a purchase the benefi ciary has made. Th is is true even if the benefi ciary has a receipt. If the trustee reimburses the benefi ciary directly, the reimbursement will be considered unearned income and the benefi - ciary’s SSI will be reduced dollar-for-dollar for the reimbursement. It should be noted that there are ways to make purchases for benefi ciaries that will not negatively aff ect the benefi ciary’s SSI benefi ts. Here are four examples of appropriate disbursements. Th e trustee can distribute the requested goods directly to the benefi ciary in person. For example, if a benefi ciary wants a specifi c item from a brick-and-mortar store, he can communicate that information to the trustee; the trustee would then go to the store, buy the item using trust funds, and deliver it directly to the benefi ciary. Th e benefi ciary would receive the goods quickly, and shipping costs would be avoided. One potential downside to the benefi ciary is the cost of having to compensate a professional trustee for the time spent purchasing and delivering the goods. Th e trustee can purchase services or goods with trust funds and have the goods or services delivered directly to the benefi ciary. For example, a trustee can purchase an item for the benefi ciary online and have the items shipped to the benefi ciary’s residence. Th is can be a very effi cient way to handle a benefi ciary’s request for an item. Th e trustee can also reimburse a third party who pays for a service. For example, a relative might pay for a benefi ciary to attend an event and the trustee can reimburse the relative for the cost of the benefi ciary’s ticket. In such cases, it is important to have documentation of the cost of the service and the date on which it was provided. In certain circumstances, the trustee can pay a benefi ciary’s credit card bills. It is important to note that this does not include debit cards, which are considered cash and should not be used. Credit cards off er a way for the trustee of a special needs trust to avoid giving the benefi ciary cash while allowing the benefi ciary more autonomy. However, there are additional restrictions for paying off a benefi ciary’s credit card bill, including not paying for food or shelter, and in the case of a Sole Benefi t Trust, not paying for goods or services that were used by other people. When used correctly, a Special Needs Trust can be an important tool for individuals with disabilities to ensure that they keep their government benefi ts while also enjoying a higher quality of life. Ronald A. Fatoullah, Esq. is the principal of Ronald Fatoullah & Associates, a law fi rm that concentrates in elder law, estate planning, Medicaid planning, guardianships, estate administration, trusts, wills, and real estate. Eva Schwechter is an associate with the fi rm. Th e law fi rm can be reached at 718-261-1700, 516-466-4422, or toll free at 1-877-ELDER-LAW or 1-877-ESTATES. Mr. Fatoullah is also a partner with Advice Period, a wealth management fi rm, and he can be reached at 424-256-7273. RONALD FATOULLAH ESQ, CELA* Photo courtesy of Councilwoman Elizabeth Crowley’s offi ce The City Council passed three bills introduced by Councilwoman Elizabeth Crowley focused on women’s health.
QC03092017
To see the actual publication please follow the link above