| October 20, 2005
8:30 – 9:00 a.m.
CHECK-IN & CONTINENTAL BREAKFAST
9:00 – 9:10 a.m.
WELCOME & INTRODUCTION
– Kathleen M. Eveslage, MSBA Elder Law Section Chair
9:10 – 9:40 a.m.
How Do You Pay for Health Care?
Do you know these acronyms – MA, GAMC, MAEPD, MC, CADI, CAC, MCHA?
There are more! This session is an overview of the payment sources
available to individuals to cover health care costs - for the
uninsurable and those with chronic health care needs. Particular
emphasis will be given to the needs-based programs in Minnesota.
– Laurie A. Hanson
9:40 – 10:00 a.m.
The Practitioner’s Guide to Medicare:
Benefits and Appeals
Beth Woods (Metropolitan Area Agency on Aging), Kelli Jo Greiner
(Minnesota Board on Aging), and Kim Dayton (Visiting Professor, William
Mitchell College of Law), will provide a nuts-and-bolts overview of
Medicare in Minnesota, with special emphasis on the Part D prescription
drug benefit and the new Medicare appeals process. The panelists will
also talk briefly about establishing a Medicare appeals practice, and
where to direct clients who need practical rather than legal assistance
with Medicare-related issues.
– A. Kimberly Dayton, Kelli Jo Greiner & Beth Woods
10:00 – 10:15 a.m.
BREAK
10:15 – 11:15 a.m.
The Practitioner’s Guide to Medicare:
Benefits and Appeals (continued)
11:15 – 11:45 a.m.
VA Benefits
A review of the benefits available to veterans and their dependents
with a summary of eligibility rules.
– Steve H. Lindstrom
11:45 – 12:00 p.m.
SECTION ANNOUNCEMENTS / AWARDS
12:00 – 1:30 p.m.
INSTITUTE LUNCHEON
Radisson Plaza Hotel Minneapolis (provided at the live program only)
12:30 – 1:15 p.m.
LUNCHEON ADDRESS
Aging and Addiction: Time to Stop the Silent Epidemic
Find out why this is a crisis and how we can address it now. A third
of older adult addiction is late onset. Aging baby boomers present the
potential of a burgeoning problem just over the horizon. Carol Colleran,
co-author of the comprehensive guidebook, Aging and Addiction,
Helping Older Adults Overcome Alcohol or Medication Dependence,
brings real solutions to the issues. Carol developed Hanley’s pioneering
Center for Older Adult Recovery, and is a nationally known advocate for
the treatment and recovery of older adults as well as the prevention of
late onset addiction.
– Carol Colleran
PRACTICE SNAP SHOTS
A quick survey of the best way to solve some of those nagging
questions that arise in your elder law practice! |
1:30 – 1:50 p.m.
HIPAA and Health Care Benefits
Access to health care records under HIPAA and other standards access
to health care records by family members and other involved parties
has gotten more complicated since HIPAA went into effect. This
session will outline the basic rules and common myths about access
to records and provide some suggestions for advance planning.
– Barbara J. Blumer
1:50 – 2:10 p.m.
Advance Health Care Planning –
What Can We Learn from Terry Schiavo?
Review practical planning lessons offered by Terry Schiavo and
anticipate legislative activities that may change Minnesota law.
– Barbara J. Blumer
2:10 – 2:30 p.m.
The Defense of Nursing Home
Collection Actions
This session shall consider the defense, litigation and
settlement of nursing claims against nursing home residents and
related and responsible parties.
– Neil B. Dieterich
2:30 – 2:50 p.m.
Nursing Home Litigation
Nursing home patients are among the most vulnerable members of
our society. Nursing home injury cases tend to be complex,
expensive, and challenging. Lawyers who advocate the rights of these
people in civil courts must focus on the bad care, lack of care,
foreseeability of the injury, and the reasonable means of preventing
the injury. This segment will provide a general guide to the issues
that arise in cases and insight into the types of injuries that are
common for patients who are receiving substandard care in nursing
homes.
– Joel E. Smith
2:50 – 3:10 p.m.
Nursing Home Admissions
– tbd
3:10 – 3:25 p.m.
BREAK
3:25 – 3:45 p.m.
Real Estate Ownership – 13
Alternatives to Fee Ownership
What are alternative ways to hold title to real estate in
Minnesota? What are the consequences of each alternative? What
effect will title have on control issues, transferability, avoidance
of probate, creditors claims, Medical Assistance eligibility and
homestead rights?
– Suzanne M. Sandahl
3:45 – 4:05 p.m.
Scams and Ripoffs – An Update
Gary Van Winkle, a consumer law and elder law attorney with the
Legal Aid Society of Minneapolis and the Senior Law Project, will
give a quick update on some of the more prevalent scams that often
target seniors. Subjects such as credit cards, identity theft, home
improvement, and others will include information clients can use to
avoid becoming victims, and will identify resources available to
senior clients who have been scammed or ripped off.
– Gary G. Van Winkle
4:05 – 4:30 p.m.
Productivity, Profitability and
Paralegals in Your Family Law Practice
The use of paralegals in your elder law practice can
significantly increase the revenue and clientele of your practice,
improve the quality of legal services provided at a lower cost, and
improve your work/life balance.
– tbd
4:30 p.m.
INSTITUTE RECEPTION
Sponsored by the Center for Special Needs Trust Administration, Inc.
October 21, 2005
8:00 – 8:30 a.m.
CONTINENTAL BREAKFAST
8:30 – 9:10 a.m.
MA Basics
Eligibility rules, spousal impoverishment, and transfers.
– Frances L. Long
9:10 – 9:30 a.m.
Medical Assistance Liens and Estate
Recovery
This session is a primer on Medical Assistance lien and estate
recovery laws, setting the stage for the next two sessions addressing
specific case law and legislative developments.
– Cathryn D. Reher
9:30 – 10:10 a.m.
Legislative Update 2005
This session will review the significant state and federal statutory
changes which affect elder law practice.
– Julian J. Zweber
10:10 – 10:25 a.m.
BREAK
10:25 – 11:00 a.m.
Update on Estate Recovery Issues
An overview of the most recent legislative session and recent case
law from Minnesota and other states.
– Terrie M. Lewis
11:00 – 11:30 a.m.
The Marten Case: Round One to
the Martens and Schultz v. Commissioner of Human Services
In March, Judge Warner ruled in favor of the Marten brothers on
their constitutional challenge to Minn. Stat. 514.981. Marcus Stubbles,
attorney for the Martens, will discuss the parties’ arguments, the
Judge’s ruling, and the status and prospects of the State’s pending
appeal to the Court of Appeals. Then, DeAnne Hilgers and Thomas Pursell
will discuss the Schultz case and the class action to recover
“retroactive life estate lien” payments.
– DeAnne Hilgers, Thomas F. Pursell & Marcus C. Stubbles
11:30 – 12:35 p.m.
LUNCH (on your own)
12:35 – 1:35 p.m.
Hot Ethics Issues
1.0 ethics credit applied for
Learn how new ethics rules about conflicts waivers, confidentiality,
and representing clients with diminished capacity could affect your
elder law practice.
– Eric T. Cooperstein
PRACTICE SNAP SHOTS
A quick survey of the best way to solve some of those nagging
questions that arise in your elder law practice! |
1:30 – 1:55 p.m.
Tax Pitfalls in Planning for Long
Term Care
A survey of some of the tax traps for your unwary elder law
clients (and their attorneys). Practical tips to avoid surprises and
keep your clients happy.
– Bryan Jamison
1:55 – 2:15 p.m.
Pooled Trust Special Needs Trusts
A “pooled trust,” run by a non-profit, for the benefit of
disabled individuals without an age limit and possibly without a
provision to reimburse the State at death, has recently gone from
possibility to reality in Minnesota. It is time for us to understand
what a pooled special needs trust is, how it works and how it can
benefit our clients.
– Jeffrey W. Schmidt
2:15 – 2:30 p.m.
BREAK
2:30 – 2:50 p.m.
Everything the Elder Law Attorney
Needs to Know About Multi-Party Accounts
– Douglas J. Debner
2:50 – 3:10 p.m.
Personal Services Contracts
This session will discuss the use of a Personal Services
Contract when a family member is providing personal services for an
elderly person. The session will review how and when to use a
Personal Services Contract, how to use the Contract in conjunction
with medical assistance planning, the income tax issues, and
important contractual terms.
– Jennifer Lammers
3:10 – 3:30 p.m.
Spousal Issues in Medical
Assistance
An update of the latest and greatest planning issues for married
couples. We will review Medical Assistance spousal impoverishment
rules and, in particular, developments with the increased spousal
share of income-producing assets. We will also review veterans home
transfer rules, the end of Medical assistance post-eligibility
transfers, the role of divorce planning and much more.
– Stuart E. Schmitz
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