Agenda / Content Covered

1. Applying for Medicaid - The Four Eligibility Requirements
   9:00 - 10:00, Ronald Fatoullah
   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
   5. Estate Recovery Rules
   6. Current Medicaid Planning Programs and Rules
2. Pre-Need Asset Planning
   10:15 - 11:15, Ronald Fatoullah
   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. 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
   11:15 - 12:15, Kim M. Smith
   1. Asset Purchase Strategies Available
      1. Purchases
      2. Payments
   2. Asset Transfer Strategies Available
      1. How to Transfer Residence to Caregiver Child
      2. How to Transfer Residence to Sibling with Equity Interest Who's Resided There for at Least One 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
   3. Contesting/Appealing the Penalty Period Dates and Other Adverse Medicaid Decisions
4. Trust-Based Medicaid Planning in Detail
   1:15 - 2:15, Debby Rosenfeld
   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
   2:30 - 3:30, Steven A. Kass
   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. Applied Legal Ethics
   3:30 - 4:30, Bruce L. Birnbaum and Steven A. Kass
   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:

BRUCE L. BIRNBAUM is the founder of Birnbaum Advisory, where he focuses his practice on the areas of insurance, taxation, business, estate and financial planning. He is also a Certified Long Term Care Professional. Mr. Birnbaum is a member of several professional organizations, including but not limited to The New York State Bar Association, The National and New York State Associations of Insurance and Financial Advisors, and The Society of Financial Service Professionals. He earned his LL.M. degree in Taxation from New York University School of Law and his J.D. degree from Benjamin N. Cardozo School of Law.

RONALD FATOULLAH is the principal of the New York based law firm of Ronald Fatoullah & Associates, where he practices in the areas of elder law, estate planning, Medicaid planning, trusts, wills, guardianships, and estate administration. Mr. Fatoullah is the current president of the New York Chapter of the National Academy of Elder Law Attorneys. He also serves on the Executive Committee of the Elder Law and Special Needs Section of the New York State Bar Association, the Executive Council of AARP New York, and currently co-chairs the Board of the Alzheimer’s Association Long Island Chapter. Mr. Fatoullah is a partner of AdvicePeriod, a financial planning and wealth management firm where he focuses on strategies to assist high net worth individuals. Mr. Fatoullah has been quoted numerous times in The Wall Street Journal, The New York Times, and Newsday. He is a fellow of the National Academy of Elder Law Attorneys and is a former member of its Board of Directors. Mr. Fatoullah earned his B.A. degree, summa cum laude, from the State University of New York at Buffalo and his J.D. degree from St. John's University School of Law.

STEVEN A. KASS is a solo practitioner in Melville, New York and for the past 25 years has concentrated his practice in estate planning and elder law, planning for persons with special needs, wills, trusts, and guardianships. He is a certified elder law attorney through the National Elder Law Foundation. Mr. Kass is a member of the Nassau County, Suffolk County, New York State, and American bar associations; as well as the National Academy of Elder Law Attorneys, National Elder Law Foundation and the Academy of Special Needs Planner. He is also the past president of the Gerontology Professionals of New York. Mr. Kass earned his B.A. degree from the State University of New York at Stony Brook and his J.D. degree and a certificate in health law and policy from Pace University School of Law.

DEBBY ROSENFELD is an attorney with Ronald Fatoullah & Associates, where she practices in the areas of elder law, estate planning and real estate. Since graduating law school, Ms. Rosenfeld has been a tax associate with Kaye, Scholer, Fierman, Hays & Handler, a senior tax advisor with Long Island Lighting Company, and had an elder law and estate planning practice through the creation of Berkowitz, Lewisohn & Rosenfeld. She lectures as well as writes articles on various elder law issues for both attorneys and laypeople. Ms. Rosenfeld earned her B.A. degree from Barnard College of Columbia University and her J.D. degree from New York University School of Law. She is a member of the New York State and Nassau County bar associations.

KIM M. SMITH is an attorney and partner at Katz, Smith & Chwat, PC, where her practice areas include elder law, estate planning, probate, trusts, guardianships and Medicaid. Ms. Smith is a frequent speaker at Suffolk County Bar Association and numerous other organizations. She spent 15 years in the health care field. Ms. Smith earned her B.A. degree from the State University of New York at Stony Brook and her J.D. degree, cum laude, from Touro College, Jacob D. Fuchsberg law Center. She is a member of the Suffolk and New York State bar associations, Suffolk County Chapter of the Women's Bar Association (co-chair, Elder Law and Estate Planning Committee); Estate Planning Council of Suffolk County (vice president); National Academy of Elder law, Attorneys (NAELA), and serves on the Board of Directors of United Cerebral Palsy of Long Island.