| NAVIGATING THE MEDICAID SYSTEM IN A HOSTILE WORLD
Co-sponsored withthe Massachusetts Chapter of the National Academy of Elder Law Attorneys
Special Thanks To The Following Exhibitors: ElderLawAnswers, Academy of Special Needs Planners Elder Counsel, InterActive Legal
Please Note: This course has already
been held.
Date: Friday, September 12, 2008
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 05:00 PM
Faculty
Schedule/Agenda
Registration Information
Unable to attend but are interested in the course materials?
Purchase Here! |
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Since the implementation of the DRA, the tenor of the relationship between elder law attorneys and the agencies which administer the Medicaid program in the various states has gone from cordial to outright hostile in some instances. Accounts of elders being denied eligibility for benefits because of a $25 First Communion gift to a grandchild or because of payments made for caregiver services are an affront to those of us whose mission it is to serve the elderly or disabled client.
In addition to the often unreasonable positions of the Medicaid intake workers, the conduct of the agency representatives at the fair hearing level is often far from “fair”. Reports of hearing officers arguing the position of the state on the record, and ex parte conferences between the hearing officer and the Medicaid representative about the merits of an upcoming hearing, have further eroded the confidence of the elder law bar that our clients’ matters will be justly resolved by the agency which is supposed to provide support to that population.
Attend this year’s Elder Law Symposium to hear how experienced elder law practitioners in the New England states, as well as New York and New Jersey, are responding to attacks on our clients and on our practices.
Attend and Learn:
How the procedural rules governing the conduct of fair hearings can be employed to safeguard your clients’ rights How to “build the record” beginning at the application stage of the process to increase your likelihood of success
What strategies are being used successfully by attorneys in neighboring states
Whether pending litigation in other states and at the federal level is likely to lead to relief of some of the more egregious interpretations of the DRA
The due process issues affecting clients at fair hearings
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Suzanne R. Sayward, Esq.
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Samuel, Sayward and Baler, LLC |
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Stephen J. Spano, Esq., MBA, JD, CELA
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Law Office of Spano & Dawicki, Saugus |
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Michael J. Amoruso, Esq.
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Amoruso & Amoruso, LLP, Rye Brook, NY |
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Robert F. Brogan, Esq., CELA
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Point Pleasant, NJ |
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David J. Correira, Esq.
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Correira LLP |
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David R. Craig, Esq., CELA
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New Boston, NH |
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Kate L. Geoffroy, Esq.
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Law Office of Patricia Nelson Reade, Portland, ME |
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Kathleen D. Hendrickson, Esq.
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Achieva Family Trust, Pittsburgh, PA |
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Carol Cioe Klyman, Esq.
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Shatz, Schwartz & Fentin, P.C., Springfield, MA |
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Bernard A. Krooks, Esq., CELA
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Littman Krooks LLP, New York, NY |
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John E. Laboe, Esq.
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Laboe Associates, PLLC, Concord, NH |
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Susan H. Levin, Esq.
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Rosenberg, Friedman & Goldstein, Newton, MA |
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Whitney M. Lewendon, Esq.
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Coan, Lewendon, Gulliver and Mittenberger, LLC, New Haven, CT |
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Donald M. McHugh, Esq., CELA
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McHugh and Macri, Esqs., Hanover, NJ |
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Dianne Rosen Pallmerine, Esq., CELA
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Shelburne, VT |
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Patricia Nelson Reade, Esq., CELA
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Law Office of Patricia Nelson Reade, Portland, ME |
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Rene H. Reixach, Esq.
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Woods, Oviatt Gilman, LLP, Rochester, NY |
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| S C H E D U L E / A G E N D A |
| 9:00 |
WELCOME & INTRODUCTIONS |
| Stephen J. Spano, President, MA Chapter of NAELA
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| 9:10 |
KEY DRA PLANNING STRATEGIES STATE-BY-STATE ANALYSIS |
| Moderator: Stephen J. Spano
Maine-Kate L. Geoffroy
What Conditions Determine the Start of the Penalty Period and Are Personal Care Contracts an Acceptable Strategy to Spend Down Assets Prior to Filing for Medicaid
Massachusetts-Susan H. Levin
Transfers by the Over-65 Disabled to Pooled (d)(4)(C) Trusts
Vermont-Dianne Rosen Pallmerine
What’s the Effect of a Partial Return on the Start Date and Length of the Penalty?
New Jersey-Robert F. Brogan
Value of Annuities, Notes & Mortgages: Are They Penalizing Transfer and Do They Count as Resource or Income Source?
New York-Vincent J. Russo
Use of Gifts & Promissory Notes
Connecticut-Whitney M. Lewendon
Penalizing Post-Eligibility Transfers by the Community Spouse
Rhode Island-David J. Correira
Administrative & Legal Challenges to Planning Strategies
New Hampshire-David R. Craig
Undue Hardship Exemptions from the Transfer Penalty
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| 1:30 |
UPDATE ON CRITICAL PENDING LITIGATION |
- How Medicaid Programs Treat Pre-eligibility Expenses
- Status of Medicaid GRATs
- State Limits on the Use of Pooled Trusts & Their Use to Shelter Income
- Transfer Penalties on Surviving Spouses Who Fail to Exercise Their Elective Share Whether a Conservator Must Exercise Share on Behalf of a Surviving Spouse
- Whether an SNT Satisfies the Elective Share
- How Often States Must Update Their Annual Penalty Period Divisors
- Status of Personal Service Agreements
- Adoption of DRA Regulations by the State
Moderator: Bernard A. Krooks
Kathleen D. Hendrickson, Donald M. McHugh, Patricia Nelson-Reade & Rene H. Reixach
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| 3:30 |
FAIR HEARINGS |
- Building the Record from the Point of Application Forward
- Procedural and Due Process Issues in the Conduct of Fair Hearings
- The Attorney General as an Ally of the Elder Law Practitioner
Moderator: Suzanne R. Sayward
Michael J. Amoruso, Carol Cioe Klyman, John F. Laboe & Rene H. Reixach
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| Date: |
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Friday, September 12, 2008 |
| Tuition: |
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Tuition is $249.00; $199.00 for Suffolk Alumni, attorneys admitted to the bar after 2005 and members of NAELA. Tuition includes course materials and lunch.
IMPORTANT INFORMATION IF YOU'RE PAYING WITH CHECKS
Suffolk University processes checks electronically using the information on the check to create an electronic funds transfer. Each time you send a check, you authorize a one time transfer of funds to be electronically withdrawn from your bank account. You will not receive your cancelled check as Suffolk University is required to destroy the check after it has been processed. For more information please contact the Office of the Bursar at 617-573-8407.
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| Walk-Ins: |
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Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.
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| Refunds: |
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Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15 charge. If you cannot attend, you may send a substitute, otherwise you will receive the written course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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Approved for CLE Credit in RI, NH, VT & ME. It has also been approved for 6.0 GAL credits
New York Attorney Although we are not an approved CLE provider in New York, we are recognized as an approved provider in New Hampshire & Rhode Island. Therefore, this course is eligible for New York Credit through the Approved Jurisdiction Policy (effective July, 2004).
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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