8:00 – 8:55 a.m.

CHECK-IN & CONTINENTAL BREAKFAST

8:55 – 9:00 a.m.

WELCOME & INTRODUCTION

9:00 – 9:30 a.m.

Setting the Stage – Federal and State Policies Regarding Delivery of Long Term Care Services

This introduction will provide an overview of state and federal law impacting the Medical Assistance program in Minnesota. Learn what provisions of the federal Health Care Reform act, commonly known as ACA, the Affordable Care Act of 2010, may change how elderly Minnesotans receive and pay for long term care services in future years.

– Mary Frances Price; Maser & Amundson P.A.; Richfield

9:30 – 10:15 a.m.

Using Screening Forms to Determine Eligibility for Benefits

Under federal law everyone who enters a nursing home first must undergo a Pre-Admission Screening (PAS) to determine suitability to enter the nursing home. To qualify for the home- or community-based programs covered by medical assistance, the applicant must be considered at risk for nursing home placement. Determining care needs is therefore the first step in determining whether an individual will qualify for medical assistance benefits. This presentation will discuss the forms that are now being used by screeners to determine an individual’s need for care, and the threshold criteria that must be met to participate in home- or community-based programs.

– Jolene Kohn; MN Department of Human Services; Saint Paul

10:15 – 10:30 a.m.

BREAK

10:30 – 11:15 a.m.

Challenging the Assessment Process

The logistics of mounting an appeal to challenge a disputed care needs assessment.

– Gregory J. Marita; Mid-Minnesota Legal Assistance; Minneapolis

11:15 – 11:45 a.m.

Community Supports

An overview of in-home services in 2011.

– Kate Houston; Metropolitan Area Agency on Aging; North Saint Paul

11:45 a.m. – 12:30 p.m.

LUNCH (on your own)

12:30 – 1:15 p.m.

Federal and State Policies To Return Nursing Home Residents to the Community?

Various federal and state laws are already in the implementation stage to encourage and promote community-based care and limit nursing home stays. This presentation sets forth an overview of the laws promoting and supporting community-based benefits including the better-known Alternative Care and Elderly Waiver programs, the new Return to Community program, and lesser known benefits including enhanced conversion/diversion benefits, transitional supports, and other home- and community-based services and benefits.

– Cathryn D. Reher; Long, Reher & Hanson; Saint Louis Park

1:15 – 1:45 p.m.

Do You Know What to Tell Your Privately Paying Nursing Home Clients About the Return to Community Program?

A Community Living Specialist will walk you through the process used to identify, contact, and inform private pay nursing home residents about home- and community-based care options through the Return to Community program.

– Lisa Graham; Metropolitan Area Agency on Aging; North Saint Paul

1:45 – 2:15 p.m.

What Are Some Common Obstacles in Obtaining Elderly Waiver Benefits for Home- and Community-Based Services and How Can They Be Overcome?

Six common Elderly Waiver scenarios.

– Robert H. Chesley; Chesley Kroon Harvey & Carpenter; Mankato

2:15 – 2:45 p.m.

For Waivered Programs, What are Future Challenges to Access?

Government programs are expected to encourage home- and community-based delivery of services for the elderly rather than nursing home care. This presentation will focus on the experiences of advocates for persons with disabilities who try to access home- and community-based benefits and services for the disabled. Will the elderly face similar issues?

– Barnett (Bud) I. Rosenfield; Minnesota Disability Law Center; Minneapolis

2:45 – 3:00 p.m.

QUESTIONS & ANSWERS

3:00 – 3:15 p.m.

BREAK

3:15 – 3:35 p.m.

Status of the Medical Assistance Asset Transfer Rules and Anticipated Changes

This presentation will discuss the impact of federal maintenance of effort requirements on asset transfer changes originally scheduled to become effective in Minnesota on January 1, 2011. How long is the freeze expected to last? A review of asset transfer rules that will remain in effect as long as the freeze lasts.

– Jeffrey W. Schmidt; Schmitz & Schmidt, P.A.; Saint Paul

3:35 – 3:55 p.m.

Avoiding and Resolving Medical Assistance Claims and Liens Against Real Property

With passage of the 2009 amendments to Minn. Stat. 256B.15, the medical assistance program has expanded the reach of estate recovery and its powers to make claims against real and personal property. This session will focus on the current estate recovery statutes, the status of court challenges to Minnesota’s estate recovery practices, suggestions for avoiding medical assistance claims and liens, or resolving them if they cannot be avoided.

– Julian J. Zweber; Julian J. Zweber Law Office; Saint Paul
– Peter M. Hendricks; Garvey & Boggio, P.A.; Bloomington

3:55 – 4:15 p.m.

What Does the Future of MA Look Like and What Should We Be Telling Our Clients?

– Robert H. Chesley
– Peter M. Hendricks
– Mary Frances Price
– Cathryn D. Reher
– Jeffrey W. Schmidt
– Julian J. Zweber