Product Description

So, perhaps you are interested in helping your clients obtain Medicaid benefits to pay for their long-term care costs. Or, perhaps you have a client in an assisted living facility or nursing home that is being threatened with eviction, or is being pressured to sign an unfair admission contract. How do you properly advise your elderly clients and their family members in dealing with these complex issues, when the law changes so fast that you haven’t yet had time to memorize even the existing Medicaid regulations? 

The Federal Medicaid statute and state regulations may seem clear, but elder law practice is truly a trap for the unwary practitioner, with changes to acceptable planning strategies being made randomly and without a formal rule-making process. Challenges to Medicaid planning are not only limited to irrevocable trust denials, but have been expanded by the agency to include challenges to the use of spousal annuities, transfers to disabled children, and estate recovery litigation. 

This session 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. The experts explore recent case law, relevant regulatory updates, and recent MassHealth challenges from irrevocable trusts to annuity rules. Learn how to defend against such challenges in the application and appeal process. Familiarize yourself with the rights bestowed upon residents in nursing homes and assisted living facilities, so that you can help your clients safeguard themselves against unlawful facility admission contracts.

Agenda & Materials

• 2:00 - 2:05 pm

  Welcome and Introduction

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• 2:05 - 2:45 pm

  Overview of Basic Medicaid Eligibility Rules

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  • Understanding Countable and Non Countable Assets
  • Spousal Protections
  • Transfer Penalty Rules/Look-Back Period
  • Basic Planning Strategies: Last Minute and Planning Ahead

  Steven M. Cohen, Esq., Rubin and Rudman LLP , Boston
  
• 2:45 - 3:45 pm

  Litigation Concerning Massachusetts

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  • Challenges to Trusts and Their Provisions
  • Annuity Cases
  • Estate Recovery Cases

  Patricia Keane Martin, Esq., Seegel Lipshutz Lo & Martin LLP , Wellesley Hills
  
• 3:45 - 4:00 pm

  Break (Opportunity for Q&A)
• 4:15 - 5:00 pm

  Overview of Advanced Medicaid Planning Techniques

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  • Planning for the Community Spouse
  • Discussion of the Last Minute Acceptable Transfer Techniques
  • Review of Testamentary Trust Rules and How and When to Use Them

  Lisa M. Neeley, Esq., Rubin and Rudman LLP , Boston
  

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.

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