Agenda / Content Covered

10:00 am to 5:00 pm Eastern Standard Time

1. What Happens in an Emergency Medical Situation
   10:00 - 10:30, Stephen B. Keogh
   
   1. When a Family Member Requires an Emergency Admittance into a Nursing Facility
   2. Medicare as a Short-Term Solution
   3. "Medicaid Pending"
   4. Medicaid Waiver Programs and Other Home- and Community-Based Care Programs
   5. Other Means of Nursing Home Care Coverage
2. Asset Purchase and Transfer Strategies
   10:30 - 11:15, Whitney M. Wilson
   
   1. Purchases and Payments
   2. Annuity Transfer Rules and Tactics
   3. Pre-Payment of Expenses
3. How to Transfer a Residence
   11:30 - 12:15, Stephen B. Keogh
   
   1. Applying for a Penalty-Free Transfer
   2. Transfer to a Caregiver Child
   3. Transfer to Sibling with Equity Interest Who's Resided There for at Least One Year
   4. Residence Subject to Life Estate or Occupancy Agreement
   5. HCFA Tables and Medicaid Recovery on the Property Subject to Life Estate
   6. Purchasing a Life Estate in the Home of a Child
   7. Occupancy Agreement (with Sample Language)
4. Using Promissory Notes to Help Clients Currently in the Nursing Home
   12:15 - 12:45, Thomas J. Murphy
   
5. Life Care Contracts Between Parents and Children
   1:15 - 2:00, Thomas J. Murphy
   
   1. Sample Caregiver Agreement
   2. Tax Considerations for the Caregiving Child
   3. What Constitutes Reasonable Compensation (Medicaid Reimbursement Rate Paid to a Private Caregiver)
   4. Formalities that Must be Observed for Medicaid to Accept it as a Valid Arrangement
6. Contesting Denial of Benefits, Penalty Period Dates and Other Adverse Medicaid Decisions
   2:00 - 2:30, Whitney M. Wilson
   
   1. Reviewing the Initial Application for Medicaid
   2. How Penalty Periods are Calculated
   3. What Transaction has Triggered the Penalty Period? What Can be Done?
7. Providing for the Community Spouse
   2:30 - 3:15, Whitney M. Wilson
   
   1. Resource Allowance and CSRA Appeals
   2. Undue Hardship Waivers
   3. Seeking a Higher Amount than the Standard MMMA - Requesting a Fair Hearing to Prove "Exceptional Circumstance Resulting in Significant Financial Duress"
   4. Pre- and Post-Nuptial Agreements
8. Legal Ethics in Medicaid Practice
   3:30 - 4:30, Stephen B. Keogh
   
   1. Conflicts of Interest
   2. Representing Spouses
   3. Attorney Fees
   4. Guarding Confidentiality
   5. Clients with Diminishing Mental Capacity
   6. Client Communication
9. Emergency Medicaid for Non-Qualified Non-Citizens and Undocumented Individuals
   4:30 - 5:00, Thomas J. Murphy
   

Accreditation Details:

STEPHEN B. KEOGH is a partner in the Norwalk law firm of Keogh, Burkhart & Vetter, practicing primarily in elder law and probate law. A magna cum laude graduate of Yale College, Mr. Keogh earned his J.D. degree from Columbia University. He is a member of the Fairfield County, Connecticut and American bar associations; and the National Academy of Elder Law Attorneys. Mr. Keogh is a member of the Board of Directors of the Connecticut Chapter of the National Academy of Elder Law Attorneys, a member of the Executive Committee of the Elder Law Section of the Connecticut Bar Association, and a past co-chair of the Elder Law Section of the Fairfield County Bar Association. He is also a member of the Community Bioethics Forum, which is sponsored by the Program for Biomedical Ethics at the Yale School of Medicine, and was the first recipient of the Glenn E. Knierim Pro Bono Award, given by the Connecticut Probate Assembly, in April 2012.

THOMAS J. MURPHY is an attorney located in the Ahwatukee area of Phoenix. His practice emphasizes estate planning, elder law (including nursing home issues), all probate matters (including contested matters and guardianships), and tax controversies. Mr. Murphy has regularly appeared before the Arizona Court of Appeals, litigating many of the cutting-edge appellate cases in probate law and has successfully litigated cases in the U.S. Tax Court, the Arizona Tax Court, and the Arizona Board of Tax Appeals. He is a member of the National Academy of Elder Law Attorneys, the State Bar of Arizona (Tax Law, Probate and Trust Law, Mental Health and Elder Law sections), and the Arizona Medicaid Planning Council. He serves on the advisory board of the Phoenix Tax Workshop and the editorial board of NAELA News. Mr. Murphy graduated from Tufts University, with honors, and he earned his J.D. degree from Suffolk University Law School.

WHITNEY M. WILSON has practiced law in Louisville, Kentucky, since 2004. Her practice at Twilight Legal Consulting is focused solely on elder law, which includes wills, powers of attorney, advanced directives, trusts, trust administration, Medicaid planning, VA benefits planning, special needs, guardianship and probate. Ms. Wilson is admitted to practice law in the Commonwealth of Kentucky and is accredited by the VA to assist veterans and their families with claims for benefits. She is a "Best of Louisville" attorney. Ms. Wilson has also had the honor of being nominated for the Kentucky Bar Association's Distinguished Lawyer Award and for Louisville Business First's Forty Under 40. She is an active member of the Louisville Bar Association and the Estate Planning Council of Metro Louisville. Ms. Wilson is a former chair of the Kentucky Bar Association's Elder Law Section and current chair of its CLE Committee. She also enjoys membership in the KY Guardianship Association, National Academy of Elder Law Attorneys, ElderCounsel, and the Academy of Special Needs Planners. Ms. Wilson regularly writes and educates on elder law topics. She is a contributing author of Kentucky Elder Law, a book published by Thomson Reuters as part of its Kentucky Practice Series. She provided and updates its VA Chapter. This book is the course material for the University of Louisville's Brandeis College of Law's elder law class. Ms. Wilson also co-authored with her law partner, Eileen Walsh, the article "Paying for Long Term Care Without Medicaid", which has been published by several organizations, including the American Bar Association. She is a recurring faculty member of ElderCounsel and has guest lectured for Stetson University's Elder Law LLM program and at the University of Louisville. Ms. Wilson's years as a national guest lecturer has earned her an exceptional reputation in the elder law field. Through Twilight Legal Consulting, she regularly co-counsels other attorneys new to elder law or looking to add an elder law component to their existing law practice.