Product Description

So you took your client through the Medicaid application process and received anapproval, but then nine months later you get a denial and removed from MassHealth. What do you do? Is this even permissible? How does the MAAS decision impact this?While Medicaid planning and obtaining MassHealth benefits are a continuing challenge, keeping such benefits may be just as hard.

The statute and regulations seem clear, but caseworkers continue to identify flaws in Medicaid plans and are always looking for new ways to deny benefits. Such challenges are not only limited to irrevocable trusts but have been expanded to last minute techniques such as the caretaker child exception, use of annuities, transfers to disabled children, and the sole benefit rule. Finally, nominee realty trusts are back in the cross hairs for MassHealth challenges.

This program teaches you skills and techniques you need to help your clients properly prepare and plan for long-term care as well as explore some last minute techniques to obtain Medicaid eligibility. Let the experts explore recent case law, relevant regulatory updates, recent MassHealth challenges from irrevocable trusts to permissible transfer rules, and how best to defend against such challenges. Come and learn what you need to know to get your clients the benefits they need.

Agenda & Materials

• 9:30 - 9:35 am

  Welcome and Introduction

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• 9:35 - 10:15 am

  Understanding Countable vs. Non-Countable Assets for Married Couples vs. Single People

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  The Treatment of the Primary Residence vs. Rental Property, Along with Some Last-Minute Planning Tips

  Leo J. Cushing, Esq., Cushing & Dolan, PC , Waltham
  
• 10:15 - 10:55 am

  Review of the Annuity Rules and How to Use Them for Single People vs. Married Couples

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  Pros and Cons of Longer vs. Shorter Term Annuities, How and When to Name the State as Designated Beneficiary, and Implications of Same When the Community Spouse Dies Before the Institutionalized Spouse

  Patricia Keane Martin, Esq., Seegel Lipshutz Lo & Martin LLP , Wellesley Hills
  
• 10:55 - 11:10 am

  Networking and Refreshment Break
• 11:10 - 11:50 am

  Planning for the Community Spouse

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  Understanding Community Spouse Resource Allowance, the Use of Qualified Domestic Relations Order (QDROs) and the Spousal Refusal Regulation, Along with Increasing Income and Community Spouse Resource Allowance When Community Spouse is in Assisted Living. Finally, a Review of Testamentary Trust Rules and How and When to Use Them.

  Rebecca J. Benson, Esq., City of Somerville Health Department , Somerville
  
• 11:50 - 12:30 pm

  Exploring the Medicaid Irrevocable Trust

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  Including Specific Drafting Tips to Better Withstand MassHealth Scrutiny, Grantor Trust Language, and a Discussion of the Grantor Trust Rules and Related Gift and Estate Tax and Step-Up in Basis Rules

  Todd E. Lutsky, Esq., Cushing & Dolan, PC , Waltham
  

Please Note

MCLE webcasts are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only. They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

Cochairs

Faculty