Medicaid Lookback Rules and Planning
Monday, March 19, 2018
9:00 AM - 4:30 PM
Adam's Mark Buffalo Niagara
120 Church Street
Buffalo, NY 14202
$339 / Each Additional
Registration Includes Course Book
Continuing Legal Education
- CT CLE - 6.00
- NJ CLE - 7.20
- NY CLE - 7.00
- PA CLE - 6.00
CPE for Accountants
- Continuing Professional Education for Accountants - 7.00
- CPE for Accountants/NASBA - 7.00
- Financial Planners - 7.00
Make Certain Your Clients' Long Term Care Needs Are Met
The requirements for Medicaid eligibility are strict, and protective planning is tricky. How does your understanding of Medicaid planning stack up? Join us at this focused seminar to get the answers you need about this complex area of practice. Register today!
- Determine which assets are countable and how they can be converted.
- Learn what the income eligibility requirements are.
- Establish exactly what limitations are placed on asset transfers.
- Protect your clients' interests by knowing what's exempt and what's not.
- Deepen your knowledge of transfer penalty provisions.
- Learn to effectively use trusts to plan for Medicaid without interfering with the overall estate plan.
Who Should Attend
This intermediate level program addresses key questions involved in elder planning and is designed for attorneys. It will also benefit accountants, estate and financial planners, life care planners, and paralegals.
- The Lookback Period and Qualifying Asset Transfers Rule
- Asset Conversion From Non-Exempt to Exempt
- Irrevocable Trusts in Medicaid Planning
- Legal Ethics
- Penalty Period for Improper Transfers
Continuing Education Credit
Continuing Legal EducationCredit Hrs State
CLE 6.00 - CT*
CLE 7.20 - NJ*
CLE 7.00 - NY*
CLE 6.00 - PA*
Continuing Professional Education for Accountants – CPE for Accountants: 7.00 *
Financial Planners – Financial Planners: 7.00
National Association of State Boards of Accountancy – CPE for Accountants/NASBA: 7.00 *
* denotes specialty credits
Agenda / Content Covered
- 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.
- The Lookback Rule
- Intrafamily Loans
- Marital Deductions and Exceptions
- Reverse Half-Loaf with Medicaid-Compliant Promissory Note - Is it Still a Valid Approach?
- Transferring Real Property
- 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.
- Loan Repayment
- Exempt Asset Purchases
- Other Asset Conversion Techniques
- IRREVOCABLE TRUSTS IN MEDICAID PLANNING
12:45 - 2:00, Written by David J. Zumpano. Presented by Paul M. Ryther in Buffalo and David J. Zumpano in East Syracuse.
- 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.
- Attorney Fees and Engagement Agreements
- Effective and Ethical Client Communication
- Protecting Client Confidentiality
- Conflicts of Interest When Representing Couples
- 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.
- Calculating the Penalty Period
- Preventing the Penalty Period
- Handling Unexpected Income to Protect Eligibility
- Partial Months of Ineligibility
- 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.
BRUCE D. REINOSO is senior counsel in the family wealth and estate planning department with Woods Oviatt Gilman LLP. He concentrates his practice in the areas of estate planning and elder law. Mr. Reinoso counsels and advises clients regarding estate and long term care planning, wills, trusts, real estate transfers, powers of attorney, health care proxies, living wills, guardians, long term care insurance, Medicare, Medicaid, employer and retiree group health benefit plans, and other health insurance. He serves as one of the trust managers for the Western New York pooled supplemental needs trusts. Mr. Reinoso was one of the principal drafters of the pooled trust agreements established by People, Inc. and Legal Services for the Elderly, Disabled and Disadvantaged of Western New York, Inc. Mr. Reinoso regularly presents educational programs regarding estate planning and elder law to state and local professionals and their clients. He earned his B.A. degree from the University of North Carolina at Chapel Hill and his J.D. degree, cum laude, from the University at Buffalo Law School.
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 RabbinoÂ 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.
Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:
Continuing Legal Education
Continuing Professional Education for Accountants
National Association of State Boards of Accountancy