Live Seminar

Protecting Assets While Qualifying for Medicaid

Seminar

Date:

Tuesday, March 06, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78245ER

Location:

Hilton Garden Inn Fayetteville

1325 North Palak Drive

Fayetteville, AR 72704

$349.00

$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • AR CLE - 6.00

CPE for Accountants

  • CPE for Accountants/NASBA - 7.00

Other

  • Financial Planners - 7.00

Program Description

Get the Latest on Medicaid Application and Asset Planning Tactics

Middle class Americans seeking asset protection cannot afford to ignore the potentially devastating costs of nursing home and other long-term care. Nursing homes are among the most common and largest creditors an average American is likely to face in his or her lifetime, but only about 10% of the population has long-term care insurance. For the other 90%, Medicaid is the primary source of payment, so a basic understanding of the Medicaid asset protection process is vital for all professionals who work with seniors and their families. This course will provide an overview of asset protection concepts and strategies that elder law attorneys can use to legally and ethically protect assets while facilitating earlier Medicaid eligibility; and a set of crisis-management tools to prevent and correct inadvertent loss of benefits. Register today!

  • Learn what the income eligibility requirements are when applying for Medicaid.
  • Protect your clients' interests by knowing what's exempt and what's not.
  • Employ the most practical and effective asset transfer methods to comply with the spend-down requirement.
  • Explore crisis planning methods to restore Medicaid benefits as quickly as possible.
  • Guide clients through the Medicaid qualification process by knowing what's involved.

Who Should Attend

This basic-to-intermediate level seminar is designed for:

  • Attorneys
  • Nursing Home Administrators
  • Social Workers
  • Geriatric Care Managers
  • Trust Officers
  • Accountants and CPAs
  • Estate and Financial Planners
  • Paralegals

Course Content

  1. Pre-Need Asset Planning
  2. Applying for Medicaid - The Four Eligibility Requirements
  3. Crisis Planning and Assistance
  4. Trust-Based Medicaid Planning in Detail
  5. Special Needs Trusts and ABLE Accounts
  6. Ethical Issues in Representing Elderly Clients

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 *

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

  1. Pre-Need Asset Planning
    9:00 - 10:00, Written by Clayton Layson and Raymon B. Harvey. Presented by Clayton Layson in Fayetteville and Raymon B. Harvey in North Little Rock.
    1. Needs Based vs. Non-Needs Based Benefits
    2. Planning Considerations When There are no Long Term Care Issues
    3. Planning Considerations When There is a Diagnosis of Dementia
    4. Considerations With Different Types of Assets
    5. Types of Gifting
    6. Valuing the Assets for Medicaid Purposes
  2. Applying for Medicaid - The Four Eligibility Requirements
    10:15 - 11:15, Written by Clayton Layson and Ashley Stepps. Presented by Clayton Layson in Fayetteville and Ashley Stepps in North Little Rock.
    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 (MMNA) for the Community Spouse
        5. Annuity Transfer Rules and Tactics
    5. Estate Recovery Rules
    6. Affordable Care Act and PACE Program and Eligibility
  3. Crisis Planning and Assistance
    11:15 - 12:15, Written by T. Collier Moore and Ashley Stepps. Presented by T. Collier Moore in Fayetteville and Ashley Stepps in North Little Rock.
    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, Written by T. Collier Moore and Raymon B. Harvey. Presented by T. Collier Moore in Fayetteville and Raymon B. Harvey in North Little Rock.
    1. Trusts Created by a Third Party vs. Trusts Created by the Medicaid Applicant
    2. How Trusts Created by the Medicaid Applicant are Viewed
    3. Trust Exceptions - 42 U.S.C. §1396p(d)(4)
  5. Special Needs Trusts and ABLE Accounts
    2:15 - 3:15, Written by J.J. Kerksieck, Rod Yancy and Raymon B. Harvey. Presented by J.J. Kerksieck and Rod Yancy in Fayetteville and Raymon B. Harvey in North Little Rock.
    1. Purpose
    2. Brief Overview of the Law
    3. Three Types of Special Needs Trusts
      1. First Party
      2. Third Party
      3. Pooled Trust
    4. ABLE Accounts
    5. First Party vs. Third Party vs. Pooled vs. ABLE Accounts
  6. Ethical Issues in Representing Elderly Clients
    3:30 - 4:30, Written by J.J. Kerksieck, Rod Yancy and Raymon B. Harvey. Presented by J.J. Kerksieck and Rod Yancy in Fayetteville and Raymon B. Harvey in North Little Rock.
    1. Client With Diminished Capacity
    2. Avoiding Inappropriate Disclosure
    3. Who is Your Client
    4. Frequently Asked Questions
March 6 - Fayetteville

J.J. KERKSIECK is an attorney at RTY Law in the Fayetteville office. Mr. Kerksieck practices in the areas of estate planning, trust administration and probate. He received his B.S. degree from the Walton College of Business at the University of Arkansas in Fayetteville, and he earned his J.D. and LL.M. degrees from the University of Arkansas School of Law, Fayetteville. Mr. Kerksieck is a member of the Arkansas Bar Association; WealthCounsel, a national network of estate planning attorneys; and he is licensed to practice throughout the state of Arkansas.

CLAYTON LAYSON is an attorney with Reece Moore Pendergraft LLP in Fayetteville, Arkansas. Mr. Layson’s areas of practice include estate planning, long-term care planning and guardianships. He previously served as assistant director of the Division of Aging and Adult Services (DAAS) at the Arkansas Department of Human Services (DHS), where he oversaw the state’s Long-Term Services and Supports (LTSS) Medicaid Financial Eligibility program. Prior to DAAS, Mr. Layson served as general counsel with the DHS Office of Chief Counsel, where his duties included advising on matters of Medicaid eligibility and representing the agency in administrative appeals pursuant to the Administrative Procedures Act. His experience also includes work as a trust officer and as a compliance enforcement attorney. Mr. Layson graduated with his B.S. degree from the University of Arkansas - Fayetteville and earned his J.D. degree, with honors, from the UALR William H. Bowen School of Law.

T. COLLIER MOORE is a partner with Reece Moore Pendergraft LLP, where he has a focused practice in the areas of long-term care planning/asset protection, estate planning, special needs planning, and guardianship. He earned his degree in accounting, magna cum laude, from Ouachita Baptist University. He completed his J.D. degree, cum laude, from the University of Arkansas School of Law in Fayetteville. Mr. Moore earned his Master of Laws degree in tax from the University of Missouri in Kansas City. He completed his Masters of Laws degree in elder law, with distinction, from Stetson University College of Law in Tampa Bay, Florida, one of the nation’s premiere programs for elder law and special needs planning. Mr. Moore has also received the designation as a certified elder law attorney by the National Elder Law Foundation, an ABA accredited organization. He is also a member of the National Academy of Elder Law Attorneys, the Academy of Special Needs Planners, the Arkansas Bar Association (Elder Law Section), as well as ElderCounsel.

ROD YANCY is the founder of RTY Law, a firm focused on estate planning, trust administration, probate, and estate and trust litigation. Mr. Yancy practices out of the Tulsa, Oklahoma office, but is licensed to practice in the Oklahoma Supreme Court and all Oklahoma district courts, as well as the Arkansas Supreme Court and all Arkansas district courts. He graduated with his B.A. degree from the University of Oklahoma and he earned his J.D. degree from the University of Oklahoma College of Law. Mr. Yancy is a member of the American Bar Association, the Oklahoma Bar Association, and the Tulsa County Bar Association; and is a frequent speaker on estate planning topics throughout the community. He is a past chair of the Tulsa County Bar Association’s Estate Planning, Probate and Elder Law Section, as well as a past president of the Tulsa Financial Planner’s Association. Mr. Yancy is also a member of WealthCounsel, a national network of estate planning attorneys and ElderCounsel, a national network of elder law attorneys.

March 9 - Little Rock

RAYMON B. HARVEY is an attorney in Little Rock, where he practices in the areas of elder law and special needs trusts. He is a frequent lecturer and has been a presenter at the Arkansas Federal Tax Institute; the Mid-South Conference on Estate Planning; the National Citizens' Coalition for Nursing Home Reform in Washington, D.C.; the Arkansas Trial Lawyers Association; the Arkansas Bar Association; and various local events. Mr. Harvey was a participant in the "Legal Issues of Older Adults" teleconference by the Arkansas Geriatric Education Center. He was a featured guest on the Successful Aging with Dr. David series on AETN. Mr. Harvey is a member of the National Academy of Elder Law Attorneys, the Arkansas Bar Association, the Arkansas Trial Lawyers Association, a board member and fellow of the Arkansas Gerontological Society, and a charter member of the Special Needs Alliance.

ASHLEY STEPPS is an attorney with Raymon B. Harvey, P.A. Ms. Stepps has a diverse background in elder care and tax services. Her practice areas include elder law, VA pensions, and guardianships. Ms. Stepps' articles on pet trusts have been published by Outskirts Press. She is a member of the National Academy of Elder Law Attorneys (NAELA), the Arkansas and American bar associations, and is also a Veterans Affairs accredited attorney. Ms. Stepps received her undergraduate degree from Delaware State University and earned her J.D. degree from the University of Arkansas at Little Rock - William H. Bowen School of Law.

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

AR CLE: 6.00 Includes - Ethics: 1.00
NBI, Inc. is an accredited sponsor in the state of Arkansas. This program is approved for 6.0 hours of continuing legal education credit, including 1.0 hour of ethics, consistent with the rules and regulations of the Arkansas Supreme Court of Professional Programs.


Financial Planners

N CF: 7.00
This program has been accepted by the Certified Financial Planner Board of Standards Inc. and qualifies for 7.0 hours of CE credit for CFP® Certificants. The Certified Financial Planner Board of Standards Inc. owns the certification marks CFP®, CERTIFIED FINANCIAL PLANNER™ and CFP® (with plaque design) and CFP® (with flame design) in the US, which it awards to individuals who successfully complete initial and ongoing certification requirements.

Upon completion of this course, attendee will be able to: 1. Distinguish between Medicaid planning for single vs. married clients. 2. Recall the key Medicaid eligibility criteria. 3. List at least three asset transfer strategies that can be employed in Medicaid crisis planning. 4. Describe how income-only trusts are used in Medicaid planning. 5. Determine when a special needs trust is needed. 6. Distinguish between ethical and unethical practices.

National Association of State Boards of Accountancy

N NAS: 7.00 Includes - Behavioral Ethics: 1.00, Specialized Knowledge: 3.00, Taxes: 3.00
NBI, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org. This program is designed to qualify for 7.0 hours (based on 50 minute credit hour) of continuing professional education credit for accountants. For more information regarding administrative policies such as complaint and refund, please contact our offices at (800) 930-6182.

This is a basic to intermediate level program presented in a group live setting. Accountants should have a basic understanding of Medicaid application and asset planning tactics. This course will: - Present what the income eligibility requirements are when applying for Medicaid. - Explore ways to protect your clients’ interests by knowing what’s exempt and what’s not. - Examine how to employ the most practical and effective asset transfer methods to comply with the spend-down requirement. - Explore crisis planning methods to restore Medicaid benefits as quickly as possible. - Present ways to guide clients through the Medicaid qualification process by knowing what’s involved. Field(s) of Study -- Specialized Knowledge; Taxes; Behavioral Ethics.

Can't Attend?
Purchase the Recording.

Questions


How To Order

Web: Order Now
Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702