Course Description
Program Description
Your Comprehensive Guide to Medicaid Practice
Growing costs of long-term care and recent legislative changes have turned elder and Medicaid law into a rapidly evolving, highly sought after practice. New questions arise daily, and new regulations, private letter rulings and statutes have been issued to answer them. Join us for two full days of intensive lectures and discussion on the procedure and tactics of Medicaid planning, and let our experienced attorney faculty sort through the chaos of changes to help you navigate the system and plan for your clients' secure future. Register today!
Hear the latest updates on the ACA Medicaid expansion implementation.
Ensure your clients' Medicaid eligibility and find out how to qualify for useful waiver programs.
Learn how assets are valued for purposes of Medicaid eligibility.
Walk through the Medicaid application and appeal process and get useful tips along the way.
Compare the definitions of "estate" for probate vs. estate recovery purposes.
Help clients stay in their homes with well-drafted, Medicaid-compliant caregiver agreements.
Understand the post-mortem tax consequences of careless Medicaid planning.
Agenda
Agenda / Content Covered
Day 1
Recent Medicaid Changes Under the ACA
9:00-10:00, Rachel A. Kabb-Effron
New Coverage Under the ACA
Traditional and Revised Eligibility Categories
Choosing Between Medicaid and Insurance Exchange Coverage
Medicaid Planning Tools that Have Become Obsolete
Revised Definition of Residency
CMS Letter to the State Medicaid Directors #14-001 (Feb 21, 2014)
Medicaid Eligibility for Those Before and After 55
10:00-11:00, Rachel A. Kabb-Effron
Lookback Rules
Income and Resources Test
How Income is Determined (MAGI)
Calculating Community Spouse Resource Allowance (CSRA)
Medicaid Coverage and Available State Waiver Programs
11:15-12:15, Rachel A. Kabb-Effron
Coverage and Co-Pays
Health Care Provider Reimbursement Rate Changes and Their Effect on Enrollees
State Waiver Programs
Proving Undue Hardship
Early Transfer Planning Tools
1:15-2:15, Jeannette M. Weaver
Clarifying Excluded vs. Countable Assets
Complete and Incomplete Gifts
Annuity Rules Under the DRA
Promissory Notes, Loans and Mortgages
Correcting Improper Transfer Mistakes and Working Within the Penalty Period
2:30-3:30, Jeannette M. Weaver
Common Medicaid Planning Mistakes
Consequences of Lack of Advanced Planning
Calculating the Penalty Period
Effective Penalty Remedies
Application and Appeal Procedure
3:30-4:30, Laurie G. Steiner
Medicaid Application: When and How to File
Key Supporting Documents
Correcting Mistakes in the Application
Keeping Track of Progress
Administrative Appeals Process
Medicaid Appeal Hearings
Day 2
Trust-Based Medicaid Planning
9:00-10:00, Jeannette M. Weaver
Income-Only Trusts for Medicaid and Tax Planning
Key Trust Provisions
Tax Consequences of Medicaid Trusts
Impact of Trust Income Rules - IRC §641 etc.
Trust Income Tax Rates
Income in Respect of Decedent
In-Home Care Options and Family Caregiver Considerations
10:00-11:00, Patricia J. Schraff
State Waiver Programs to Support Seniors Staying at Home
Deed Transfer to a Caregiver Child
Drafting Caregiver Agreements
Income Tax Reporting Requirements
Coordinating Medicaid with VA and Other Public Benefits
11:15-12:15, Laurie G. Steiner
Veterans Benefits
Medicare, SSI, and SSDI
Special Needs Trusts
Legal Ethics in Medicaid Practice
1:15-2:15, Patricia J. Schraff
Applying the Rules of Professional Conduct
Mental Capacity Issues in Representing Elderly Clients
Conflicts of Interest in Representing Spouses
Medicaid Asset Planning for Middle Class Clients - Is it Ethical?
Attorney Fees and Engagement Agreements
Estate Recovery Rights and Planning
2:30-3:45, Todd W. Bartimole
What is Recoverable?
Definition of "Estate" for Purposes of Administration vs. Medicaid Recovery
Recovery from Medicaid Recipient vs. Spouse
TEFRA and Exemptions to Liens Against Home Property
OBRA '93 Liens
Interests in Life Estates
Exceptions to Estate Recovery Rights
Planning for Estate Recovery
IRAs in Recovery
Appealing Estate Recovery/Liens
Post-Mortem Tax Consequences of Medicaid Planning
3:45-4:30, Todd W. Bartimole