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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 same-sex couples planning. Order today!
- Is Medicaid Right for Your Client?
- Application Process, Appeals and Post-Eligibility Issues
- Excluded vs. Countable Assets
- Income Eligibility
- Qualifying Asset Transfers: Which Techniques Work
- Legal Ethics
- Same-sex couples Medicaid planning after DOMA repeal
- Case studies/hypothetical situations
Continuing Education Credit
Agenda / Content Covered
- IS MEDICAID RIGHT FOR YOUR CLIENT?
9:00 - 9:45, Lisa M. Neeley
- Is Medicaid the Right Solution for the Client?
- Citizenship and Residency
- Application for Other Benefits
- Client and Agency Responsibilities (Reporting Changes of Income)
- Out-of-State Coverage
- New and Amended Eligibility Categories under the ACA
- Medicaid Coverage vs. Private Alternatives
- ACA and PACE Eligibility: Recent Changes to In-Home Care Services Coverage
- Four Basic Eligibility Criteria in a Nutshell
- Partial Eligibility and Share of Cost
- APPLICATION PROCESS, APPEALS AND POST-ELIGIBILITY ISSUES
9:45 - 10:15, Jack Ferriter
- Application Procedure Step-by-Step
- Supporting Documentation to Include with the Submission
- Medicaid Fair Hearings Case Presentation Tips
- Crisis Planning to Shorten Penalty Period and Restore Eligibility
- Appeal Procedure
- Solving Overpayment Problems
- EXCLUDED VS. COUNTABLE ASSETS
10:30 - 11:45, Gina M. Barry
- Community Spouse Resource Allowance and CSRA Appeal
- Assets Without Saleable Value
- Insurance and Other Assets Being Converted
- When are Bank Accounts Excluded?
- Creating Burial Contracts/Funeral Trusts
- Disaster Relief Act and Other Excluded Government Payment Programs (Reparation Payments, Alaskan Native Claims, Nazi Persecution Payments, etc.)
- Earned Income Tax Credit
- Garden/Wood Plots and Other Property Used for Home Consumption
- Limits on Household Goods
- Income-Producing Property
- Insurance Settlements
- Life Estates/Life Leases and Their Impact on Estate Planning
- When Life Insurance Becomes Countable
- Stocks, Bonds, and Mutual Fund Shares
- Valuation of Assets for Eligibility Purposes
- INCOME ELIGIBILITY
12:45 - 1:15, Lisa M. Neeley
- How MAGI (Modified Adjusted Gross Income) is Calculated
- Common Risks to Income Eligibility
- Monthly Maintenance Need Allowance for the Community Spouse
- QUALIFYING ASSET TRANSFERS: WHICH TECHNIQUES WORK
1:15 - 2:15, Gina M. Barry and Hyman G. Darling
- Timing of the Transfers
- DRA and Look-Back Period
- Transfer Penalty
- Penalty Beginning Date
- Partial Months of Ineligibility
- What Counts as a Gift for Purposes of Medicaid Planning?
- Repayment of Debts and Prepayment of Expenses: Creative Uses
- Recording Purchase of Exempt Assets
- Treatment of IRAs and Retirement Accounts
- Purchase of a Life Estate
- Planning with Promissory Notes and Annuities
- The Reverse Half-Loaf Income Technique
- How to Protect the Community Spouse
- Reverse Mortgage: Legitimate Solution or Scam Artist's Dream?
- Other Exempt Transfers
- Timing of the Transfers
- LEGAL ETHICS
2:15 - 3:15, Lisa M. Neeley
- Potential Conflicts of Interest
- Attorney Fees - Who is Paying Your Fee?
- Clients with Diminished Capacity
- Practical Scenarios - What Would You Do?
- SAME-SEX COUPLES MEDICAID PLANNING AFTER DOMA REPEAL
3:30 - 4:00, Hyman G. Darling
- Community Spouse Resource Allowance
- Unlimited Transfers Between Spouses
- State vs. Federal Rules
- Estate Recovery
- Unique Planning Options
- CASE STUDIES/HYPOTHETICAL SITUATIONS
4:00 - 4:30, Hyman G. Darling
- Problems and Solutions: Single Person
- Problems and Solutions: Married Couple
GINA M. BARRY is a shareholder in the Springfield office of the regional law firm of Bacon Wilson, P.C., where she is a member of the estate planning/elder law department. Since 2000, Ms. Barry has concentrated her practice in the areas of sophisticated estate planning issues, including estate planning for pets, probate administration, guardianships, conservatorships, asset protection/Medicaid planning, and residential real estate. She is a member of the National Academy of Elder Law Attorneys and the Estate Planning Council of Hampden County. Ms. Barry is a frequent lecturer on sophisticated estate planning issues for legal and professional groups. She was recognized as an Up and Coming Lawyer by the Massachusetts Lawyers Weekly in 2004, Business Women of the Year by the Women Business Owners Alliance in 2005, a Rising Star by Boston Magazine's Super Lawyer in each year since 2006, and a Women of Distinction by the Girl Scouts of America in 2008. She earned her A.A. degree, with high honors, at Holyoke Community College; her B.A. degree, magna cum laude, at Westfield State College; and her J.D. degree, cum laude, at Western New England College of Law. She then completed a one-year clerkship with the Massachusetts Superior Court before beginning her career with Bacon Wilson, P.C.
HYMAN G. DARLING is a shareholder in the Western Massachusetts law firm of Bacon Wilson, P.C., where his areas of practice include estate planning and elder law. He is on the Board of Directors and is currently president elect of the National Academy of Elder Law Attorneys and serves as an adjunct professor of elder law at Western New England University - School of Law (L.L.M. program), and estate planning and elder law at Bath Path College. In addition, Mr. Darling has frequently lectured and written on his areas of expertise both in Western Massachusetts and at many national conferences. He is a member of the Hampden County and the Massachusetts bar associations, the Hampden County Estate Planning Council (formerly president), and many civic organizations. In addition, Mr. Darling is a member of the Special Needs Alliance. He earned his A.B. degree from Boston University and his J.D. degree from Western New England University.
JACK FERRITER is an attorney at Ferriter & Ferriter LLC, with offices in Massachusetts and Connecticut. For more than 30 years, his practice and passion has been as a trusted strategic advisor to businesses and families in corporate, estate planning and elder law. Mr. Ferriter has appeared in federal, state and appellate courts and administrative agencies, as well as the United States Supreme Court. Governor Charlie Baker appointed Mr. Ferriter as a public administrator over probate estate administrations. He is a board member of the Massachusetts Bar Foundation, a member of the Hampden County Bar Association, and The Estate Planning Council, among many others. Mr. Ferriter earned his A.B. degree from the College of the Holy Cross (President's Council) and his J.D. degree from Western New England University School of Law, where he was a member of the Editorial Board of the Law Review.
LISA M. NEELEY is of counsel with Mirick, O'Connell, DeMallie & Lougee, LLP, in Worcester, Massachusetts, where she focuses her practice on elder law, estate, and special needs planning matters. Ms. Neeley assists clients in the preparation and filing of complex MassHealth applications, from the planning and filing process through representation for any necessary appeals. In conjunction with her MassHealth expertise, Ms. Neeley has represented clients in appeal hearings regarding benefit eligibility issues before the Board of Hearings, Superior Court, and Massachusetts Appeals Court. Additionally, she has expertise in assisting elder and disabled clients with the process of applying for community MassHealth benefits to enable them to remain in their homes while receiving care. Ms. Neeley is a member of the Worcester County and Massachusetts bar associations; and the National Academy of Elder Law Attorneys, Massachusetts Chapter (member, Litigation Review Committee). She earned her B.A. degree, cum laude, from Assumption College; and her J.D. degree, cum laude, from New England School of Law where she served as senior literary editor of the New England Journal on Criminal and Civil Confinement. She is admitted to practice in Massachusetts.
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