Audio CD + Course Book

Medicaid Lookback Rules and Planning

Audio CD + Course Book

Copyright Date:

March, 2018

Product ID#:

78271CDRA

Audio + Course Book

Credit Information

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From Event: Medicaid Lookback Rules and Planning, held March 2018.

Program Description

The requirements for Medicaid eligibility are strict, and protective planning for the at-home spouse or other beneficiaries is tricky. How does your understanding of Medicaid planning stack up? Get the answers you need about this complex area of practice - order today!

Course Content

  1. The Lookback Period and Qualifying Asset Transfers Rule
  2. Asset Conversion From Non-Exempt to Exempt
  3. Irrevocable Trusts in Medicaid Planning
  4. Legal Ethics
  5. Penalty Period for Improper Transfers

Continuing Education Credit

Continuing Legal Education

Credit Hrs State Credit Approval Expiration
CLE 6.00 CT * 03/19/2020
CLE 7.00 NY * 03/19/2020
CLE 6.00 PA * 03/19/2020

* denotes specialty credits

Agenda / Content Covered

  1. THE LOOKBACK PERIOD AND QUALIFYING ASSET TRANSFERS RULE
    9:00 - 10:15, Written by Charles W. Beinhauer and Christopher R. Bray. Presented by Charles W. Beinhauer in Buffalo and Christopher R. Bray in East Syracuse.
    1. The Lookback Rule
    2. Gifts
    3. Intrafamily Loans
    4. Marital Deductions and Exceptions
    5. Reverse Half-Loaf with Medicaid-Compliant Promissory Note - Is it Still a Valid Approach?
    6. Transferring Real Property
  2. ASSET CONVERSION FROM NON-EXEMPT TO EXEMPT
    10:30 - 11:45, Written by Paul M. Ryther and Christopher R. Bray. Presented by Paul M. Ryther in Buffalo and Christopher R. Bray in East Syracuse.
    1. Loan Repayment
    2. Exempt Asset Purchases
    3. Other Asset Conversion Techniques
  3. IRREVOCABLE TRUSTS IN MEDICAID PLANNING
    12:45 - 2:00, Written by David J. Zumpano. Presented by Charles W. Beinhauer in Buffalo and David J. Zumpano in East Syracuse.
  4. LEGAL ETHICS
    2:15 - 3:15, Written by Paul M. Ryther. Presented by Paul M. Ryther in Buffalo and Nicole Marie Marlow-Jones in East Syracuse.
    1. Attorney Fees and Engagement Agreements
    2. Effective and Ethical Client Communication
    3. Protecting Client Confidentiality
    4. Conflicts of Interest When Representing Couples
  5. PENALTY PERIOD FOR IMPROPER TRANSFERS
    3:15 - 4:30, Written by Charles W. Beinhauer and Anthony A. Marrone II. Presented by Charles W. Beinhauer in Buffalo and Anthony A. Marrone II in East Syracuse.
    1. Calculating the Penalty Period
    2. Preventing the Penalty Period
    3. Handling Unexpected Income to Protect Eligibility
    4. Partial Months of Ineligibility
    5. Monthly Maintenance Need Allowance (MMMNA) for Community Spouse

March 19 - Buffalo

CHARLES W. BEINHAUER is a senior partner in the Buffalo law firm of Pfalzgraf Beinhauer & Menzies LLP. His practice focuses entirely in the fields of estates and trusts, estate administration, and elder law. Mr. Beinhauer is currently a member of the New York State Bar Association Elder Law Committee and serves on the Executive Committee as the 8th District Representative. He is a member of the Bar Association of Erie County Elder Law Committee (former chair), Surrogate Court Practice and Procedure Committee, Lawyers Helping Lawyers Committee, and the Speakers Bureau. Mr. Beinhauer is also currently a member of the New York State Lawyers Assistance Trust and the New York State Bar Association Lawyers Assistance Committee. He is a graduate of Georgetown University and the Columbus School of Law Catholic University of America in Washington, D.C.

PAUL M. RYTHER is a solo practitioner in East Bloomfield, New York. His focus is on elder law, planning for individuals with disabilities, probate, trusts and estate planning and administration, and representation of Social Security benefits claimants. Mr. Ryther began his career advocating for Medicaid and welfare recipients and quickly became one of the relatively few lawyers representing claimants for disability benefits under the new SSI program. He has lectured at various continuing legal education seminars, addressing issues in the fields of Medicare, Medicaid, supplemental needs trusts, guardianship, and disability benefits advocacy. Mr. Ryther is a member of the New York State (Trusts and Estates Section and Elder Law Section) and Ontario County bar associations. His pro bono activities include assistance statewide to legal services advocates in disability benefits and Medicaid advocacy. Mr. Ryther earned his B.A. degree from Cornell University and his J.D. degree from Case Western Reserve University.

March 22 - East Syracuse

CHRISTOPHER R. BRAY is a partner at Radley & Rheinhardt, P.C., where he focuses in the areas of crisis Medicaid and long term care planning, estate planning, guardianships, and estate administration, including estate litigation. Mr. Bray is a graduate of Syracuse University (2000) and earned his J.D. degree from Albany Law School of Union University in May, 2005. He is a member of the New York State Bar Association's Elder Law Section where he serves as district delegate for the Fifth Judicial District (representing Herkimer, Jefferson, Lewis, Oneida, Onondaga & Oswego counties), a member of the National Academy of Elder Law Attorneys (NAELA), and a past member of the Board of Directors for the New York Chapter of NAELA. Mr. Bray is past president of the Herkimer County Bar Association and currently serves as treasurer. He is a member of the Oneida County Bar Association and the City of Rome Bar Association. Mr. Bray recently accepted an appointment to serve on the Grievance Committee of the Fifth Judicial District by the Hon. Gerald J. Whalen, Presiding Justice of the Fourth Judicial Department. He is a regular speaker and presenter on the topic of elder law throughout the community, including regular speaking engagements as a part of the Mitchell Rabbino National Healthcare Decisions Day sponsored by the New York State Bar Association, annual retirement planning seminars for educators sponsored by local BOCES, and as a part of the certification training required for the New York State Ombudsman Program (volunteer patient advocates in nursing home settings). Mr. Bray also presents to attorneys as a part of the continuing legal education (CLE) program.

NICOLE MARIE MARLOW-JONES is a partner in the Syracuse law firm of Costello, Cooney & Fearon PLLC. Ms. Marlow-Jones' practice includes liability defense, insurance coverage, appellate law, and commercial litigation. A primary area of her practice has been the representation of professionals, predominantly lawyers, in civil actions. Ms. Marlow-Jones earned her B.A. degree from the State University of New York at Geneseo and her J.D. degree, magna cum laude, from Syracuse University College of Law. Prior to joining the firm, she served as an appellate court attorney at the Supreme Court, Fourth Department. During this two-year period, she assisted members of the intermediate appellate court on pending civil and criminal appeals. She also served as a confidential law clerk to the Honorable John P. Balio prior to his retirement. Ms. Marlow-Jones is admitted to practice before all New York state courts; the U.S. District Court for the Northern, Western and Southern districts of New York; and the United States Supreme Court. She is a member of the NDNY Federal Court, Onondaga County, New York State and American Bar associations and is an officer of the Central New York Women’s Bar Association.

ANTHONY A. MARRONE II is an attorney in private practice with The Marrone Law Firm, P.C., in East Syracuse. He focuses his practice on elder law, Medicaid planning, estate planning, planning for the elderly and disabled, guardianships, and special needs planning, as well as estate and trust administration. Mr. Marrone also handles litigation, family business and succession planning, corporate formation, commercial real estate, and economic development. He is a member of the New York State (Legislation Committee for the Elder Law Section and Litigation Committee for the Trust and Estate Section), Onondaga County, and Jefferson County bar associations. Mr. Marrone is admitted to practice before the U.S. District Court, Northern District of New York. He earned his B.A. degree from LeMoyne College and his J.D. degree, cum laude, from Syracuse University College of Law.

DAVID J. ZUMPANO began his professional career with Price Waterhouse and later graduated from Syracuse College of Law. Mr. Zumpano's firm, The Estate Planning Law Center, David J. Zumpano CPA/Esq., has served as a “model law firm” for hundreds of law firms across the country since 2001 based on his application of his reading of The E-Myth, by Michael Gerber. His practice is focused on estate and Medicaid planning, asset protection, and elder law. Mr. Zumpano's commitment to systems and processes and its application to estate planning lead to him being a leader in creating the Medicaid planning industry for attorneys. In 2001, he founded Medicaid Practice Systems, LLC (MPS) and began training attorneys across the country thru the National Network of Estate Planning Attorneys; National Academy of Elder Law Attorneys; American Association of Attorney-CPAs; Ohio State Bar Association; Elder Law Answers; WealthCounsel, LLC; Advisor’s Forum, LLC; ElderCareUSA; Ameriprise Financial; Morgan Stanley Smith Barney; Merrill Lynch; HSBC; Bank of America; Prudential; Mass Mutual; AXA Advisors; and others on how to create a practice focused on Medicaid planning and working with allied professionals to serve client needs. Mr. Zumpano has been featured in the Wall Street Journal, National Public Radio and is a regular speaker and trainer on estate planning, asset protection and Medicaid planning to many national, regional and local legal organizations, banking and financial institutions. He continues to lead the estate planning industry with his company, Lawyers With Purpose, LLC, a practice proficiency company for lawyers who hope to create a proficient, profitable practice with purpose for clients, themselves, and the community they reside. Lawyers With Purpose, LLC, is the first company to create a complete cloud based law practice management workflow for law firm operations with integrated document creation, transforming the way to run a law practice and interact with clients. He continues to educate attorneys all over the United States as he has since 2001 on how to systemize an estate, asset protection, Medicaid and Veterans benefits planning practice. Mr. Zumpano is the creator of a law practice system for attorneys to provide comprehensive estate, Medicaid and asset protection planning to clients, which has been implemented by over 500 law firms nationwide. He also serves as a business and practice development coach to attorneys across the country. Mr. Zumpano is also credited with changing the way the estate planning industry uses trusts for common law asset protection as taught to attorneys since 2001 and memorialized in his scholarly law review "Irrevocable Pure Grantor Trusts: The Estate Planning Landscape Has Changed". (Syracuse Law Review Vol. 1 Fall 2010). He was also published in 1994 for his expertise on Medicaid planning in "What Hard Work Giveth, the Nursing Home Taketh Away: Asset Preservation Under Medicaid" (the Digest, 1994-95) and has written Estate Recovery- What can and can’t they get, which has been presented in many forums across the country. Mr. Zumpano is also a contributing author to Giving: Philanthropy for Everyone, published October, 2002; and in 2015, published Protect Your IRA, Avoid the 5 Common Mistakes.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

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Accreditation Details:

Continuing Legal Education

CT CLE: 6.00 Credit Approval Exp
03/19/2020
Includes - Ethics: 1.00
Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of NBI, Inc. that this activity qualifies for up to 6.0 self-study hours toward your annual CLE requirement in Connecticut, including 1.0 self-study hour(s) of ethics/professionalism.


NY CLE: 7.00 Credit Approval Exp
03/19/2020
Includes - Areas of Professional Practice: 6.00, Ethics: 1.00
This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 7.0 credit hours. 6.0 hours can be applied to the Areas of Professional Practice and is approved for newly admitted and experienced attorneys. 1.0 hour can be applied toward the ethics and professionalism requirement and is approved for experienced attorneys.


PA CLE: 6.00 Credit Approval Exp
03/19/2020
Includes - Ethics: 1.00
This program has been approved by the Pennsylvania Continuing Legal Education Board. This program may qualify for up to 6.0 hours of distance learning credit, including 5.0 hours of substantive law, practice and procedure CLE credit and 1.0 hour of ethics, professionalism or substance abuse distance learning CLE credit. No more than 6.0 hours of distance learning CLE credit may be earned during a reporting period.


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