Barbara and Bill have been married for 40 years. Bill is a Korean Wwar veteran. He starts developing a mild stage of Alzheimer's. Their son fell off a ladder and broke his back and now receives disability benefits. Their daughter has never worked a day in her life because she has a bipolar disorder. How does Barbara get Bill the best long-term care? What is the difference between the benefits their son and daughter receive? What does their home care provider need to know?

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1. FUNDAMENTALS OF MEDICAID PLANNING IN LOUISIANA
2. MEDICAID PROGRAMS WITH LONG-TERM CARE OPTIONS
3. ETHICAL CONSIDERATIONS
4. ROLE OF SUPPORT COORDINATORS AND PROVIDERS IN MEDICAID
5. CREATING SPECIAL NEEDS TRUSTS IN LOUISIANA

1. FUNDAMENTALS OF MEDICAID PLANNING IN LOUISIANA
   9:00-10:30 Steven M. Jankower
1. Importance of Medicaid Planning in Louisiana
2. What is Medicaid?
3. Differences Between Medicaid and Medicare
4. Medicaid Eligibility Requirements
1. Disability Requirements, Countable Resources and Income
2. Spousal Impoverishment
3. Transfer Restrictions
4. Estate Recovery
5. Impact of Deficit Reduction Act of 2005
5. Impact of Louisiana's Forced Heirship Laws
6. Common Myths and Misconceptions About Medicaid Planning
7. Legality of Medicaid Planning
1. 1996 HIPAA Legislation – “Granny Goes to Jail”
2. Balanced Budget Act of 1997 – “Granny's Lawyer Goes to Jail”
3. Refusal of U. S. Department of Justice to enforce “Granny's Lawyer Goes to Jail” Legislation
2. MEDICAID PROGRAMS WITH LONG-TERM CARE OPTIONS
   10:45-11:45 Richard Landry
1. History of Medicaid Program and Waiver Benefits
2. Programs Available to Eligible Recipients
1. Supplemental Security Income
2. Medicaid Waiver Programs
3. Benefits for Long-Term Care Options
4. Group Home and Institutional Options
5. Medicaid Spend-Down Options
6. Cash Subsidy Benefits
7. Supported Independent Living Options
8. Other Programs and Options
3. Determining Which Program is Best for Needs of Medicaid Recipients
4. Difficulties Associated With Qualifying for Programs
1. Funding Problems
2. Eligibility Considerations
3. ETHICAL CONSIDERATIONS
   12:45-1:45 Steven M. Jankower
1. Conflicts of Interest
2. Identifying Who is the Client
3. Representing Clients with Diminished Capacity
4. Fee Arrangements
5. Attorney-Client Privilege Issues
4. ROLE OF SUPPORT COORDINATORS AND PROVIDERS IN MEDICAID
   1:45-2:45 Richard Landry
1. What is the Role of Support Coordinators?
2. What is the Role of Medicaid Service Providers?
3. Interplay of Support Coordinators and Service Providers
4. Application Process
1. Timing
2. Information Required
5. CREATING SPECIAL NEEDS TRUSTS IN LOUISIANA
   3:00-4:30 Steven M. Jankower
1. Advantages and Disadvantages of Special Needs Trusts
2. Determining if a Special Needs Trust is Right for Your Client's Needs
3. Medicaid Planning and OBRA ‘93
1. Changes Made by OBRA '93 Legislation
2. Applicability to Trusts
3. Exceptions – “Under Age 65 Disability Trusts” and Pooled Account Trusts
4. Establishing Special Needs Trusts With Disabled Individual's Assets and Personal Injury Awards
1. Recommendations
2. Selection of Trustee
5. Establishing Special Needs Trusts With Assets of Parents or Third Parties
1. Requirements
2. Should Trust be Established Inter Vivos or by Testament?
3. Placement of Forced Heir's Interest in Trust
4. Providing for Shifting of Interests to Substitute Beneficiary
6. Final Thoughts

STEVEN M. JANKOWER has practiced law in Lafayette, Louisiana, for more than 25 years. Mr. Jankower has focused much of his practice on the handling of estate planning issues involving families with disabled and special needs members. He currently serves as president of the Board of Directors of the Lafayette Association of Retarded Citizens (LARC), is a past president of Families Helping Families of Acadiana, and is immediate past chairman of the Lafayette City-Parish President's Advisory Committee for Citizens with Disabilities. Mr. Jankower also is a member of the Volunteers of America Advisory Board and the Down Syndrome Association of Acadiana. He has written several articles on the subject of estate planning for the disabled through use of special needs trusts, and his most recent article entitled, "Why Every Attorney Should Consider Medicaid Planning Issues When Settling Personal Injury Claims" was published in the August/September 2007 issue of the Louisiana Bar Journal. Mr. Jankower also writes a monthly newsletter on Medicaid planning issues. He is a graduate of the University of Southwestern Louisiana and the Louisiana State University Law School.

RICHARD LANDRY is the regional administrator at the Department of Health and Hospitals/Office for Citizens with Developmental Disabilities in the Region IV(Lafayette) Office. He earned his Bachelor's Degree in Sociology from the University of Louisiana at Lafayette (formerly University of Southwestern Louisiana), and his MSW from Louisiana State University in Baton Rouge. Mr. Landry has been employed by the state of Louisiana for the last 37 years in various social service positions, with the last 18 years being with the Office for Citizens with Developmental Disabilities. He has spoken to numerous groups and at numerous meetings, including local university classes; high school teachers and counselors; local government personnel; and stakeholder groups, discussing programs and services for individuals with developmental disabilities.

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