Live Seminar

Protecting Assets While Qualifying for Medicaid

Seminar

Date:

Tuesday, March 20, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78278ER

Location:

CMBA Conference Center

One Cleveland Center

Cleveland, OH 44114

$359.00

$349 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • OH 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. Applying for Medicaid - The Four Eligibility Requirements
  2. Pre-Need Asset Planning
  3. Crisis Planning and Assistance
  4. Trust-Based Medicaid Planning in Detail
  5. Using Special Needs Trusts - Sample Trust Review
  6. Applied Legal Ethics

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. Applying for Medicaid - The Four Eligibility Requirements
    9:00 - 10:00, David S. Banas
    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. Affordable Care Act and PACE Program and Eligibility
  2. Pre-Need Asset Planning
    10:15 - 11:15, David S. Banas
    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, John R. Harrison
    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, John R. Harrison
    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, Rachel A. Kabb-Effron
    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, Rachel A. Kabb-Effron
    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

DAVID S. BANAS is an attorney with the law firm of Hickman & Lowder Co., L.P.A. He concentrates his practice on elder law and special needs estate planning, traditional family estate planning, guardianships, and trust and estate administration. Mr. Banas is a graduate of the Capital University Law School in Columbus, Ohio, and the Ohio University in Athens, Ohio, where he received his degrees cum laude. Mr. Banas has co-authored articles appearing in the Probate Law Journal of Ohio and is a frequent presenter at various events, such as the Ohio State Bar Association’s Elder Law Institute and the Ohio State Bar Association Annual Convention. He is a member of the Ohio State Bar Association, the National Academy of Elder Law Attorneys (NAELA), and is an affiliate member of the Special Needs Alliance. Mr. Banas sits on the board of UCP of Greater Cleveland and is the current vice president of the Board of the National Alliance on Mental Illness (NAMI) Geauga.

JOHN R. HARRISON is an attorney with the law firm of Hickman & Lowder Co., L.P.A. He focuses his practice in the areas of elder law and special needs law, as well as estate planning, Medicaid, guardianship, litigation, probate matters, and the maintenance of public benefits. He also works with public agencies throughout Ohio that provide services to individuals with developmental disabilities, mental illness, or who have substance abuse issues. Mr. Harrison has spent his career advocating for older adults and individuals with special needs by working for Disability Rights Ohio, The Legal Aid Society of Columbus, public agencies and county boards, and in private practice. Mr. Harrison is a member of the Ohio State Bar Association’s Estate Planning, Trust and Probate Law Section and the Elder and Special Needs Law Committee. He received his B.A. degree from the University of Michigan and his J.D. degree, with honors, from The Ohio State University Moritz College of Law.

RACHEL A. KABB-EFFRON is a partner in The Kabb Law Firm, in Beachwood, Ohio, where she specializes in elder law and concentrates on Social Security. Ms. Kabb-Effron is a certified elder law attorney by the National Elder Law Foundation and is recognized as a specialist by the Supreme Court of Ohio. She has more than eight years of experience in representing elderly and disabled clients on eligibility issues involving Medicaid and other public assistance programs. Ms. Kabb-Effron has been practicing life care planning since 2006 and is currently the vice president of the Life Care Planning Law Firms Association. She is the immediate past-president of the Ohio Chapter of the National Academy of Elder Law Attorneys and has been an active member of the National Academy of Elder Law Attorneys on numerous national committees. Ms. Kabb-Effron is a member of the Ohio State and Cleveland bar associations. She recently chaired and was a presenter at the Cleveland Bar Association's Elder Law CLE, and is a frequent speaker for other professional and community groups on elder law issues. Ms. Kabb-Effron earned her B.A. degree, with honors, from the University of Cincinnati and her J.D. degree, cum laude, from the Cleveland-Marshall College 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

OH CLE: 6.00 Includes - Ethics: 1.00
This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 6.0 CLE credit hours, including 1.0 hour of attorney professional conduct instruction.


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. Recall the key Medicaid eligibility criteria. 2. Distinguish between Medicaid planning for single vs. married clients. 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.

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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