Raised Bill No. 1059 - Summary

• Expands the definition of unauthorized practice of law to explicitly prohibit non-attorneys from providing compensated or uncompensated advice on Medicaid planning, estate planning, nursing home payments, conservatorship, and related financial/legal strategies, effective October 1, 2019.

• Establishes specific prohibited activities including advice on trusts, asset transfers, Medicaid eligibility, spousal protection strategies, and drafting legal documents like powers of attorney and property deeds.

• Creates criminal penalties of Class D felony for violations, reduced to Class C misdemeanor if defendant was admitted to practice law in good standing in any U.S. state or federal court at the time of violation.

• Requires non-attorney Medicaid application assistants to disclose they are not attorneys, maintain $1 million professional liability insurance, provide consumers a mandatory 24-hour notice, and refrain from claiming expertise equal to attorneys or accepting compensation for Medicaid application advice.

• Mandates the Department of Consumer Protection publish a consumer notice describing which Medicaid-related services require attorney expertise and directing consumers to contact the Connecticut National Academy of Elder Law Attorneys or file complaints at (860) 713-6100.