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Opinions Nov. 18, 2015

Indiana Court of Appeals
Ada Brown v. Indiana Family and Social Services Administration
87A01-1501-PL-38
Civil plenary. Reverses imposition of a transfer penalty by FSSA against Brown, after finding she is eligible for Medicaid benefits, based on the sale of Brown’s home in 2010. Evidence shows the proceeds from the sale of the home were placed back in her irrevocable trust and the fair market value of her home was $75,000, not $91,900 as FSSA had valued it.

Court orders man’s probation period reduced

The Indiana Court of Appeals found a man’s due process rights were violated because the state couldn’t prove he was advised of his constitutional rights at his probation revocation hearing. The appeals court ordered further proceedings on the matter, including reducing his period of probation to comply with statute.

FSSA incorrectly imposed transfer penalty on Medicaid recipient

Based on evidence presented that a Medicaid recipient’s home sold for $75,000 – the fair market value – and proceeds went back to the irrevocable trust that held legal title of the home, the Family and Social Services Administration incorrectly imposed a transfer penalty against the woman after it found the fair market value was $91,900, the Court of Appeals ruled Wednesday.

GOP bill on Indiana LGBT rights has religious exemptions

Indiana Senate Republicans released a proposal Tuesday that would extend state civil rights protections to LGBT people while also carving out broad exemptions for religious institutions and some small businesses that object to working with gay people.

EPA intends tougher downwind air-pollution rule in 23 states

The Environmental Protection Agency proposed tougher new limits on Tuesday on smokestack emissions from nearly two dozen states — including Indiana — that burden downwind areas with air pollution from power plants they can't control.

House staff told by judge to obey insider probe subpoenas

The U.S. House Ways and Means Committee and a former top staff member must obey subpoenas in a Securities and Exchange Commission insider-trading investigation tied to health-care legislation, a federal judge ruled, rejecting their claims of immunity from such an inquiry.

IndyBar: Get Tips, Year’s Worth of CLE Credit

These are challenging times for lawyers and law firms, especially for solo and small firm practitioners. Whether you are newly graduated, considering transitioning to the solo/small firm world or a seasoned pro, the IndyBar’s Survive & Thrive 2015 program coming up on Wed., Dec. 9 will help you build and brush up on essential tools, information and connections to help move beyond surviving and into thriving in the practice of law.