Elder Law Handbook,
3rd Edition
Elder Law Handbook,
3rd Edition
Edited by
Mark Anderson, Laurie Hanson, Cathryn Reher
& Julian Zweber
Table of Contents
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CHAPTER 1 Ethical Considerations in Representing Seniors Introduction; Who is the Client?; Representing Clients with Diminished Capacity - Eric T. Cooperstein
CHAPTER 2 Organizing Information Introduction; Contents of a Planning Notebook - Laurie Hanson
CHAPTER 3 The Planning Process Financial Management; Health Care Management; Planning for Death; Appendix A – Minnesota Bankers Association Legal Compliance Bulletin LC-7-2006 - Laura Zdychnec & Lori Skibbie
CHAPTER 4 Public Income Programs This chapter will be added as part of a future update to the Third Edition.
CHAPTER 5 Health Insurance This chapter will be added as part of a future update to the Third Edition.
CHAPTER 6 Taxes Introduction; General Rules Regarding the Sale of Capital Assets; Other Miscellaneous Income Tax Issues; Gift and Estate Tax Provisions; Qualified Retirement Accounts; Appendix A – Life Estate Mortality Table – HCPM § 19.25.15.20; Appendix B – IRS Applicable Federal Rates – June 2012; Appendix C – Certificate of Chronically Ill Status; Appendix D – Tax Return Samples - Bryan Jamison & Richard D. Hawke
CHAPTER 7 Vulnerable Adults and the Vulnerable Adults Act Introduction and Background; the Vulnerable Adults Act – Defining Maltreatment; Vulnerable Adults Act – Reporting Suspected Maltreatment; Vulnerable Adults Act – Processing a Maltreatment Report; Application of the Act; Limitations of the Act; Summary of Legislative Changes; Other State Vulnerable Adults Legislation; Federal Vulnerable Adult Legislation; Appendix A – Minnesota County Common Entry Points (CEPs) - Suzanne M. Scheller & Ken LaBore
CHAPTER 8 Medicare for Nursing Home and Community Care Overview and Regulatory Reference; Participants in the Medicare System; Who May Receive Medicare; Hospital Stays; Long-Term Care Facilities; Home Health Care; Hospice Care; Ambulance Service; Appendix A – Medicare Monthly Premiums; Appendix B – What Costs Are Covered; Appendix C – Abbreviations - Joy E. S. Gullikson
CHAPTER 9 Long-Term Care Insurance Introduction; Qualified Long-Term Care Insurance Policy; Partnership Long-Term Care Insurance Policy; Partnership-Approved Insurers; Regulation of Insurance Companies, Agents, and Agencies; Appendix A – Glossary of Long-Term Care Insurance Terminology - Jody A. Cohen Press
CHAPTER 10 Veterans Benefits Minnesota Benefits; Federal Benefits; VA Health Care Benefits; Veterans with Service-Connected Disabilities; Pension; Burial and Memorial; Dependents and Survivors Benefits - Mary Frances M. Price
CHAPTER 11 Alternative Care Introduction; Eligibility for Alternative Care; Changes Affecting Lower Need Individuals (Case Mix “L”); Ineligibility for Alternative Care; Services Covered Under Alternative Care; Alternative Care Program Administration and Case Management; Care Providers; Alternative Care Program Funding, Allocation of Funding, and Fees; Estate Recovery; the Future of Alternative Care; Conclusion - Allison J. Frasier
CHAPTER 12 The Potential Impact of Waiver Approvals Waivers, Demonstration Projects and Other Opportunities to Experiment with Medical Assistance; Nursing Facility Level of Care Waiver; The Medical Assistance Reform Waiver; The Dual-Eligible Demonstration Project; The Southeast Minnesota Redesign Project - Julian J. Zweber
CHAPTER 13 Medical Assistance Programs and Eligibility Introduction; General Eligibility Requirements for Medical Assistance in Minnesota; Basic Eligibility Requirements for Individuals 65 Years of Age and Older—State Medicaid Plan Services; Eligibility for Home- and Community-Based Services Waivers; Eligibility for Medical Assistance for Nursing Home Coverage (Long-Term Care Medical Assistance); Medicare Savings Programs; Medical Assistance: Spousal Impoverishment Rules for a Married Couple; Medical Assistance for Employed Persons with Disabilities - Laurie Hanson & Cathryn D. Reher
CHAPTER 14 Medical Assistance Application Medical Assistance Application – Introduction; Who Can Apply; Where Application Can Be Made; Application Timing; Application Forms; Verifications; Reporting Asset Transfers; Notices of Action by County Agency; Renewal; Applicant Rights and Responsibilities - Patty Dunlop
CHAPTER 15 Assets Definition of “Asset”; “Asset” Distinguished from “Income”; Deeming of Income and Assets; Asset Limits; Availability of Assets; Asset Verification; Excluded Assets; Community Spouse Asset Assessments - Julian J. Zweber
CHAPTER 16 Asset Transfers and Reduction of Assets Reducing Assets – Introduction; “Spending” the Assets – Purchasing Goods or Services; Making Permissible Transfers Under an Exception to the Transfer Rules; Transfer of Income-Producing Assets – Increased Spousal Share Allowance – Minn. Stat. § 256B.059, subd. 4 and HCPM § 19.45.15; Making Transfers without Adequate Compensation Subject to Transfer Penalty Rules; Hardship Waivers - Stuart Schmitz
CHAPTER 17 Annuities Introduction and Editors’ Note; Overview of Annuities and Definitions; Annuities and Medical Assistance; Health Care Programs Manual - Stuart C. Bear & David A. Rephan
CHAPTER 18 Medical Assistance and Trusts Introduction; Sources of Law Governing the Use of Trusts in Medical Assistance and Disability Planning; Trusts Created Before August 11, 1993 – Medicaid Qualifying Trust Rules; Trusts Other than MQTs Created Before August 11, 1993; Trusts Created on or After August 11, 1993; Treatment of Irrevocable Trusts in Minnesota After July 1, 2005; Supplemental and Special Needs Trusts - Lori L. Guzman
CHAPTER 19 Marital Issues Antenuptial Contracts in the Context of Medical Assistance Planning; Marital Dissolution in the Context of Medical Assistance Planning - Laura Fretland & Jane Van Valkenburg
CHAPTER 20 Appeals of Agency Decisions Medical Assistance Appeals – Introduction; Administrative Appeal Prehearing Matters; Administrative Appeal Hearing Procedure; Administrative Appeal Hearing Decisions; District Court Appeal; Court of Appeals; Exhaustion of Administrative Remedies - Jeffrey W. Schmidt
CHAPTER 21 Recovery of Medical Assistance Benefits Medical Assistance Claims; Medical Assistance Liens; Recent Amendments to Estate Recovery Legislation - Randy F. Boggio and Peter M. Hendricks
CHAPTER 22 Senior Housing Options Introduction; Overview of Minnesota Senior Housing Options; Web-Based Resources - Barb Blumer
CHAPTER 23 Nursing Home Transfers and Discharges Introduction; Federal Nursing Home Transfer/Discharge Law; Minnesota Nursing Home Discharge Law; Challenging Nursing Home Transfer/Discharge; Appendix A – Survey of Nursing Home Transfer/Discharge Decisions; Appendix B – Significant Passages from Decisions Discussed in This Chapter - Jennifer L. Wright
CHAPTER 24 Nursing Home Litigation Introduction; Common Injuries; Liability Principles; Personal Injury; Wrongful Death; Punitive Damages; Settlement; Ethical Considerations; Conclusion - Mark R. Kosieradzki & Joel E. Smith
Table of Authorities Subject Index |
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