JASON ALAN FRANK
1400 Front Avenue, Suite 200Lutherville, 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
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
SIGNIFICANT CASES:
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, 4th 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
2005 Frank, J.A., Long Term Care in the 21st 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.
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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
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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.
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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.
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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.
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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.
