Proposed Rule Amendments Governing Minnesota Veterans Homes Disapproved
July 20, 2022 | Cathryn ReherOn April 15, 2022, Administrative Law Judge Jessica A. Palmer issued her order rescinding the Minnesota Department of Veteran Affairs Additional Notice Plans and disapproving in toto the proposed changes to the Minnesota Veterans Homes Rules (Minn. R. Ch. 9050). The proposed amendments related to admissions, discharges, and billing procedures. Members of the Elder Law Section along with many stakeholder groups over a three-month period committed significant time to research, raised substantive written objections, and testified at the public rule-making hearing on January 31, 2022. The resulting order found the “Department did not establish that it complied with all procedural requirements of law and rule, or that the proposed rules are needed and reasonable. The Department failed to adequately address all of the regulatory factors required for consideration in the Statement of Need and Reasonableness (SONAR) under Minn. Stat. § 14.131. This is a prejudicial defect and not a harmless error.” Further, the ALJ determined “the MDVA misrepresented its engagement with the public in the development of the proposed rules. The Administrative Law Judge would not have approved the MDVA’s Additional Notice Plan as proposed had she known that the SONAR’s description of the level of prior stakeholder involvement was not true.” The MDVA committed five years to the rule-making process and all…
Read MoreDUI/DWI: What to do if you are pulled over
July 18, 2022 | Adriel B. Villarreal
Summertime is here and that means warm weather fun like going to the lake, cookouts, birthday parties, or even a Twins game. It can also mean overindulging when it comes to alcohol. If you do find yourself driving while intoxicated and end up getting stopped by the police, continue reading our blog here for information on DWIs and what you should do when pulled over. First thing’s first We first want to acknowledge that you should not be drinking and driving or taking any substances that will affect your motor skills, as it is against the law and should be avoided at all costs. A charge for a DUI or DWI in Minnesota is not taken lightly and you could potentially face jail time, large fines, and license revocation. More importantly, you keep everyone that shares the roads with you safe and unharmed. So please make sure that you have a designated driver or use a driving service to get you to your destination. Pull over and remain calm When you are first pulled over by an officer, you need to remain calm. We understand this can be a stressful moment, but it is important to stay levelheaded during this situation. When the officer approaches your car, have your ID, registration and insurance…
Read MoreProtecting your Inheritance: How Undue Influence can Overcome a Loved One’s Wishes
July 6, 2022 | Tyler W. Eubank
Undue influence is when another person uses influence to such a degree that the free agency of your loved one, referred to as the “testator,” is destroyed or overcome. Then the desires of the influencer are inserted in place of the testator.
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