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Audio CD + Course Book

Medicaid Planning

Audio CD + Course Book

Copyright Date:

March, 2018

Product ID#:

78280CDRA

Audio + Course Book

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From Event: Medicaid Planning, held March 2018.

Program Description

Skyrocketing health and long-term care costs are putting added pressure on your aging clients to find a way to afford assisted care. This focused legal guide is dedicated to helping you offer the most current and effective Medicaid planning. Get detailed instruction on fulfilling all four eligibility criteria, with special focus on excluded assets, qualifying transfer techniques, and estate recovery rules. Order today!

Course Content

  1. Is Medicaid Right for Your Client?
  2. Legal Ethics
  3. Income Eligibility
  4. Qualifying Asset Transfers: Which Techniques Work
  5. Application Process, Appeals and Post-Eligibility Issues
  6. Excluded vs. Countable Assets
  7. Liens, Estate Recovery and Hardship Waivers

Continuing Education Credit

Continuing Legal Education

Credit Hrs State Credit Approval Expiration
CLE 7.20 NJ * 11/15/2018
CLE 7.00 NY * 03/08/2020
CLE 6.00 PA * 03/08/2020

* denotes specialty credits

Agenda / Content Covered

  1. IS MEDICAID RIGHT FOR YOUR CLIENT?
    9:00 - 10:00, Steve Miller
    1. Is Medicaid the Right Solution for the Client?
    2. Citizenship and Residency
    3. Application for Other Benefits
    4. Client and Agency Responsibilities (Reporting Changes of Income)
    5. Out-of-State Coverage
    6. New and Amended Eligibility Categories under the ACA
    7. Medicaid Coverage vs. Private Alternatives
    8. ACA and PACE Eligibility: Recent Changes to In-Home Care Services Coverage
    9. Four Basic Eligibility Criteria in a Nutshell
    10. Partial Eligibility and Share of Cost
  2. LEGAL ETHICS
    10:00 - 11:00, Steve Miller
    1. Conflicts of Interest when Representing Both Spouses
    2. Protecting Confidentiality
    3. Attorney Fees
    4. Mental Capacity in Elder Law
    5. Practical Scenarios - What Would You Do?
  3. INCOME ELIGIBILITY
    11:15 - 12:00, Steve Miller
    1. How MAGI (Modified Adjusted Gross Income) is Calculated
    2. Common Risks to Income Eligibility
    3. Monthly Maintenance Need Allowance for the Community Spouse
  4. QUALIFYING ASSET TRANSFERS: WHICH TECHNIQUES WORK
    1:00 - 1:45, Erik D. Spurlin
    1. Timing of the Transfers
      1. DRA and Look-Back Period
      2. Transfer Penalty
      3. Penalty Beginning Date
      4. Partial Months of Ineligibility
    2. What Counts as a Gift for Purposes of Medicaid Planning?
    3. Repayment of Debts and Prepayment of Expenses: Creative Uses
    4. Recording Purchase of Exempt Assets
    5. Treatment of IRAs and Retirement Accounts
    6. Purchase of a Life Estate
    7. Planning with Promissory Notes and Annuities
    8. The Reverse Half-Loaf Income Technique
    9. How to Protect the Community Spouse
    10. Reverse Mortgage: Legitimate Solution or Scam Artist's Dream?
    11. Other Exempt Transfers
  5. APPLICATION PROCESS, APPEALS AND POST-ELIGIBILITY ISSUES
    1:45 - 2:30, Erik D. Spurlin
    1. Application Procedure Step-by-Step
    2. Supporting Documentation to Include with the Submission
    3. Medicaid Fair Hearings Case Presentation Tips
    4. Crisis Planning to Shorten Penalty Period and Restore Eligibility
    5. Appeal Procedure
    6. Solving Overpayment Problems
  6. EXCLUDED VS. COUNTABLE ASSETS
    2:45 - 3:45, Aviv S. Bliwas
    1. Community Spouse Resource Allowance and CSRA Appeal
    2. Assets Without Saleable Value
    3. Annuities
    4. Insurance and Other Assets Being Converted
    5. When are Bank Accounts Excluded?
    6. Creating Burial Contracts/Funeral Trusts
    7. Disaster Relief Act and Other Excluded Government Payment Programs (Reparation Payments, Alaskan Native Claims, Nazi Persecution Payments, etc.)
    8. Earned Income Tax Credit
    9. Garden/Wood Plots and Other Property Used for Home Consumption
    10. Limits on Household Goods
    11. Income-Producing Property
    12. Insurance Settlements
    13. Life Estates/Life Leases and Their Impact on Estate Planning
    14. Loans
    15. When Life Insurance Becomes Countable
    16. Vehicles
    17. Stocks, Bonds, and Mutual Fund Shares
    18. Trusts
    19. Valuation of Assets for Eligibility Purposes
  7. LIENS, ESTATE RECOVERY AND HARDSHIP WAIVERS
    3:45 - 4:30, Aviv S. Bliwas
    1. Estate Recovery Rules
    2. Hardship Waivers
    3. Estate Recovery Exemption with Qualified Long-Term Care Insurance Policy
    4. Claim Reduction

AVIV S. BLIWAS, with The Law Offices of Aviv S. Bliwas, LLC practices elder law, Medicaid planning, estate planning, and veteran's benefits. Ms. Bliwas is licensed to practice before the Veterans Administration. She speaks and writes on elder law matters for various groups. Ms. Bliwas is a member of the Pennsylvania Bar Association, the Cumberland County Bar Association, the Dauphin County Bar Association, and the National Academy of Elder Law Attorneys. She earned her undergraduate degree at Tulane University and graduated law school from the University of Pittsburgh.

STEVE MILLER is an attorney with The Law Office of James Clark, where he specializes in asset protection, estate planning, elder care and other legal services. He received his B.A. degree from DePauw University, his master's degree from Embry-Riddle Aeronautical University and his J.D. degree from Widener University Commonwealth School of Law. He is a member of WealthCounsel and ElderCounsel.

ERIK D. SPURLIN is a Certified Elder Law Attorney practicing solely in the areas of estate planning & administration and long-term care planning. Prior to establishing his own firm in Red Lion, York County, Mr. Spurlin was a principal of the Elder Law Firm of Robert Clofine and an associate of Appel & Yost, practicing in the areas of estate planning & administration, long-term care planning and tax law. He also served as a Judicial Law Clerk to the Honorable John S. Kennedy of the York County Orphans’ Court. Mr. Spurlin earned his J.D. degree, cum laude, from Temple University School of Law, where he also received his LL.M. degree, in Taxation, with distinction. During this time he earned a Certificate in Estate Planning and was the sole recipient of the Joseph Price Memorial Award for Outstanding Achievement in Tax Law for 2010. Mr. Spurlin is a graduate of Arizona State University, where he received his bachelor’s degree, summa cum laude, in Political Science, and master’s degree, summa cum laudein International Relations.

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:

Phone: 866-240-1890

Email: credit@nbi-sems.com

Accreditation Details:

Continuing Legal Education

NJ CLE: 7.20 Credit Approval Exp
11/15/2018
Includes - Ethics: 1.20
This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 7.2 hours of alternative format CLE credit. Of these, 1.2 qualify as hours of alternative learning format credit for ethics/professionalism. No more than 12.0 hours of alternative learning format CLE credit may be earned during a reporting period.


NY CLE: 7.00 Credit Approval Exp
03/08/2020
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 requirement 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
03/08/2020
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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Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702