Agenda / Content Covered

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1. Applying for Medicaid - The Four Eligibility Requirements
   11:00 - 12:00, Rachel A. Kabb-Effron
   1. Medical Eligibility - The Needs Assessment
   2. Resource Eligibility: Exempt vs. Countable Assets
   3. Income Eligibility
   4. Transfer Eligibility
      1. The Lookback Periods
      2. Transfers and Penalty Periods
         1. Transfer Penalty
         2. Penalty Beginning Date
         3. Partial Months of Ineligibility
         4. Monthly Maintenance Need Allowance (MMMNA) for the Community Spouse
         5. Annuity Transfer Rules and Tactics
         6. Estate Recovery Rules
2. Pre-Need Asset Planning
   12:15 - 1:15, Rachel A. Kabb-Effron
   1. Medicaid Planning for Single vs. Married Applicants
   2. Transferring Real Property Without Jeopardizing Medicaid Eligibility
      1. When Does the Home Become a Countable Asset?
      2. How is "Intent to Return Home" Interpreted?
      3. Titling of the Home and Basic Homestead Issues in a Medicaid Planning Context
   3. Revocable vs. Irrevocable Life Estates
   4. Asset Valuation - Fair Market Value Under DRA
   5. Using Life Insurance to Spend Down
   6. Interstate Transfers
   7. Protecting Veterans Benefits
   8. The Gifting Powers in Powers of Attorney
3. Crisis Planning and Assistance
   1:15 - 2:00, Thomas J. Murphy
   1. Asset Purchase Strategies Available in Most States
      1. Purchases
      2. Payments
   2. Asset Transfer Strategies Available in Most States
      1. How to Transfer Residence to Caregiver Child
      2. How to Transfer Residence to Sibling on Title for More Than a Year
      3. How to Transfer Residence Subject to Life Estate
      4. How to Transfer Residence Subject to Occupancy Agreement
      5. Caregiver Agreement Between Parent and Child
      6. Contesting/Appealing the Penalty Period Dates
4. Trust-Based Medicaid Planning in Detail
   2:30 - 3:15, Thomas J. Murphy
   1. Choosing the Assets for Funding the Trusts
   2. Key Provisions and Sample Trust Language
   3. Self-Settled Trusts and Their Impact on Eligibility
   4. Using Income-Only Trusts
      1. Purpose of Using IOTs
      2. Principal Distribution Provision
      3. Taxation of IOTs
         1. Income Taxation and Tax Reporting
         2. Gift Tax and Reporting
5. Using Special Needs Trusts - Sample Trust Review
   3:15 - 4:00, Thomas J. Murphy
   1. When Can SNTs be Used?
   2. Drafting an SNT - Common Mistakes to Avoid
   3. Documenting the Assets Transfer Into the Trust
   4. Choosing a Suitable Trustee
   5. Sample Special Needs Trust Document Review
6. Medicaid Waiver Programs
   4:15 - 5:00, Debra L. Scott
   1. Waiver Overview and Purpose
   2. Nationwide Medicaid Waiver Program Comparisons
   3. Types of Medicaid Waivers
   4. Section 1115 Waivers and Demonstration Programs
   5. Section 1915(b) Waivers
   6. Section 1915(c) Community-Based Services Waivers
   7. Medicaid Waiver Programs for Disabled and Special Needs Children Including Children with ASD
7. Applied Legal Ethics
   5:00 - 6:00, Debra L. Scott
   1. Avoiding Conflicts of Interest (Who is Your Client?)
   2. Dealing with Clients' Diminishing Mental Capacity
   3. Spotting and Preventing Elder Abuse
   4. Appropriate Client Communications
   5. Navigating through Family Conflict
   6. Setting and Collecting Attorney Fees

Accreditation Details:

RACHEL A. KABB-EFFRON is the owner of The Kabb Law Firm, in Beachwood, Ohio, where she specializes in elder law. Ms. Kabb-Effron is a certified elder law attorney by the National Elder Law Foundation and is recognized as a specialist by the Ohio State Bar Association. She is a VA accredited attorney and licensed to practice before the Court of Veterans Claims. She has more than 18 years of experience in representing elderly and disabled clients on eligibility issues involving Medicaid and other public assistance programs. Ms. Kabb-Effron has been practicing life care planning since 2006, and is currently on the Board of the Life Care Planning Law Firms Association and has served as the president, vice president and treasurer. She is a past president of the Ohio Chapter of the National Academy of Elder Law Attorneys and has been an active member of the National Academy of Elder Law Attorneys on numerous national committees. Ms. Kabb-Effron is a member of the Ohio State and Cleveland Metropolitan bar associations. She is a frequent speaker for other professional and community groups on elder law issues. Ms. Kabb-Effron earned her B.A. degree, with honors, from the University of Cincinnati; and her J.D. degree, cum laude, from the Cleveland-Marshall College of Law.

THOMAS J. MURPHY is an attorney located in the Ahwatukee area of Phoenix. His practice emphasizes estate planning, elder law (including nursing home issues), all probate matters (including contested matters and guardianships), and tax controversies. Mr. Murphy has regularly appeared before the Arizona Court of Appeals, litigating many of the cutting-edge appellate cases in probate law, and has successfully litigated cases in the U.S. Tax Court, the Arizona Tax Court, and the Arizona Board of Tax Appeals. He has represented clients before all levels of the Internal Revenue Service and the Arizona Department of Revenue. Mr. Murphy is a member of the National Academy of Elder Law Attorneys, the State Bar of Arizona (Tax Law, Probate and Trust Law, Mental Health and Elder Law sections), and the Arizona Medicaid Planning Council. He has served on numerous state and county bar association committees, and was selected as the state bar representative to the Arizona Supreme Court's Committee on Reform of Lower Jurisdiction Courts. Mr. Murphy has testified as an expert witness in cases before the Maricopa County Probate Court regarding probate practices in Arizona. He serves on the Advisory Board of the Phoenix Tax Workshop and the Editorial Board of NAELA News. Mr. Murphy has been published in many national, state and local professional journals, writing on a wide variety of legal and tax matters. His articles on the impact of the new HIPAA regulations on health care powers of attorney and related documents have garnered him wide recognition as one of the nation's foremost authorities in this field, and he has been invited to speak before many organizations. Mr. Murphy graduated from Tufts University, with honors, and he earned his J.D. degree from Suffolk University Law School.

DEBRA L. SCOTT is the sole practitioner with The Scott Practice, LLC, where she represents clients concerning estates and trusts matters and fiduciary disputes. With more than 19 years of experience handling fiduciary matters, in 2014, Ms. Scott introduced a new nonprofit consulting division to the law firm called SP Consulting. She has a law, public health and accounting background. Ms. Scott earned her bachelor's degree from the University of California, Riverside, her law degree from Syracuse University College of Law, and her master's degree from Emory University.