Basics of MassHealth Eligibility         W. Brisk

   Completing the application

   Dealing with verifications

   Determining countable and non-countable assets

   Calculating the CSRA

   Calculating the MMMNA

   Practical tips when filing the application

Advanced Issues & Hearing Updates         M. Albanese, P. Greenfield

   Making permissible transfers to spouse, disabled children, siblings, etc.

   Issues concerning transfers to special needs trust

   Dealing with pooled trusts

   Possible planning techniques with real estate

   Effectiveness of testamentary trusts

   Practical tips when purchasing Medicaid compliant annuities

   Converting countable assets to non-countable: residences, vacation homes

   Curing disqualifying transfers

   Does spousal refusal work?

   Do intent, cure, and hardship arguments ever work?

   Private promissory notes anyone?

   Does anyone use caretaker contracts anymore?

   Business properties – worth the aggravation?

   Is it worth submitting a trust with problematic terminology?

Irrevocable Income Only Trusts – Is Heyn the Answer?         R. Tunney (Flewelling), P. Keane Martin

   Review of recent decisions

   Defending and appealing existing trusts

   Advising trustees of failed trusts

   Recent developments with 30As

Appeals: Processes and Resources for Appealing Fair Hearings         P. Keane Martin

   Tips on how to set up your 30A at the hearing level

   Process and procedure for 30As

   Mechanics and resources for filing an appeal

MassHealth Community Based Benefits for Elder 55+ Needing Long Term Care Services         J. Hope

   Role of local Aging Services Access Point (ASAP)

   MassHealth Home and Community Based Services Waiver (aka Frail Elder Waiver): medical and financial eligibility

   Community choices program: maximizing care at home

   Personal Care Attendant (PCA) program

   Massachusetts Adult Family Care (AFC) program

   Program of All-Inclusive Care for the Elderly (PACE)

   Senior Care Options (SCO) program

   Social Security Supplemental Security Income-Group (SSI-G) and Group Adult Foster Care (GAFC) for assisted living

Real Estate Issues with MassHealth Planning         J. Younger

   Capital gains

   Homestead declaration

   Petition to partition

   Valuing life estates: reimbursements on sale

   Real estate in SNT’s and reimbursements from d4(a) trusts

Planning with Retirement Benefits         D. Cordell

   What are the options if a large percentage of assets are held in retirement accounts?

   Is it ever good to liquidate?

   When should the client annuitize?

   Increased MMMNA / CSRA options

   Separate support actions

   Testamentary trust planning and related RMD rules

   Qualifying a trust for see-through treatment

Speed Dating – Recent State and National ,Cases Concerning Elders         M. Cowan, J. Demmerly

   Quick review of state and national trends concerning

   Medicaid hearings and elder law



     8.0 CPE Hours


     Non-Mandatory Massachusetts CLE
     7.0 New Hampshire CLE Hours
     8.0 New York CLE Hours
     7.0 Vermont CLE Hours

Certified Financial Planners

     8.0 Continuing Ed. Hours

Continuing Education Credit Information

This seminar is open to the public and offers continuing education credit to attorneys, accountants and financial planners.

The Massachusetts Board of Public Accountancy accepts courses from providers that are members of NASBA’s National Registry of CPE Sponsors. HalfMoon Education is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. This intermediate level course offers 8.0 CPE hours in the area of specialized knowledge and applications. A basic understanding of Medicaid and Medicare is recommended, and no advanced preparation is necessary. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its Sponsor No. 103015.

HalfMoon Education has entered into an agreement with the New York State Board for Public Accountancy to provide CPE courses to accountants (License No. 001570). This agreement does not constitute approval of specific CPE activities. This course offers 8.0 CPE hours in the subject area of specialized knowledge and applications. (Course level: intermediate; Advanced preparation: none)

HalfMoon Education is certified by the New York State CLE Board as an Accredited Provider of CLE programs. This traditional format course offers 8.0 CLE hours, consisting of 7.0 Areas of Professional Practice hours suitable to new and experienced attorneys.

This course offers a CLE opportunity to New Hampshire attorneys. Courses are no longer subject to preapproval inNew Hampshire. HalfMoon Education is an approved CLE provider for Vermont attorneys and this course offers 7.0 CLE hours.

HalfMoon Education Inc. is a CFP Board-registered continuing education sponsor. The Certified Financial Planner Board of Standards, Inc. has granted 8.0 hours of continuing education credit for the completion of this seminar.

Attendance will be monitored, and attendance certificates will be available after the seminar for most individuals who complete the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.


Matthew P. Albanese

Matthew P. Albanese is the founding attorney of Albanese Law, LLC in Milton and concentrates his practice in estate planning, elder law, mental health law and disability law. He is president of the Massachusetts Chapter of the National Academy of Elder Law Attorneys, served as chair of their 24th Annual Elder Law Institute, has written articles on estate planning and frequently lectures on estate planning techniques and long term care planning. Previously Mr. Albanese served as the legal counsel to the Massachusetts House of Representatives Committee on Medicaid. He serves on the Massachusetts Elder Economic Security Commission.

William Brisk

Law Office of William J. Brisk

William J. Brisk is a graduate of Brown University (AB), New York University School of Law (JD), and the Johns Hopkins School of Advanced International Studies (MA and PhD). He co-authored three decades ago Legal Planning for the Elderly in Massachusetts and Massachusetts Elderlaw from 2001 until 2014 and has published nearly two dozen articles on elder law topics in the NAELA Journal, NAELA News, Massachusetts Law Review, and Estate Planning. Mr. Brisk served as president of the Massachusetts Chapter of NAELA and served two terms on the Board of Directors. He has lectured on elder law at Boston College and Penn State Law School, and he has taught Elder Law and End of Life as adjunct law professor at Suffolk Law School. For 14 years he prepared material and was a major presenter at this annual event. In December of 2017, he joined Lannik Law as Of Counsel.

Don Cordell

Don Cordell is a partner at the law firm of Casner & Edwards in Boston. His law practice is primarily concentrated in the areas of estate and related tax planning and business law with particular emphasis in the representation of closely held and family businesses. He also specializes in administering trusts and estates, long-term-care planning and other elder law matters, estate planning for disabled persons, guardianship and conservatorship matters and representation of clients in probate controversies. He is a graduate of Boston College and Boston College Law School.

Marlee Cowan

Marlee Cowan is an associate with Pabian & Russell, LLC, concentrating in estate and probate administration, probate litigation, estate planning, trust administration, real estate and tax matters. Marlee received her J.D. degree, cum laude, from New England School of Law, where she earned numerous academic awards.Ms. Cowan represents asylum seekers pro bono through Community Legal Services and Counseling Center in Cambridge and volunteers her time with Green Pro Bono. She is also a co-founder of

Jessica Demmerly

Pabian & Russell, LLC

Jessica A. Demmerly is an associate with Pabian & Russell, LLC, concentrating in the areas of estate planning, estate administration and elder law. Jessica received her J.D. degree from Rutgers School of Law in Camden, New Jersey, and a B.A. degree in Human Development and Philosophy from Boston College. Prior to becoming an attorney, Ms. Demmerly worked in the field of geriatric social services.

Pamela B. Greenfield

Pamela B. Greenfield is the founder of Greenfield Planning Group, LLC. Previously she headed the elder law department at Samuel, Sayward and Baler, LLC, in Dedham, where she continues to see clients and serve as of counsel to the firm. Ms. Greenfield focuses her practice in elder law, asset protection planning and complex MassHealth applications and appeals. She represents families and skilled nursing facilities in guardianship and conservatorship matters as well as probate and estate administration. She is also an estate planning attorney. Ms. Greenfield is president elect of the National Academy of Elder Law Attorneys, Massachusetts Chapter.

John Hope

John R. Hope founded Hope Elder Law in 2003 in Watertown, to assist elders and/or special needs/disabled clients with accessing public benefits while preserving assets, estate planning, special needs planning and advocacy, and guardianship and conservatorship of adults. He received his Juris Doctor degree with honors from Boston College Law School and his undergraduate B.S. degree in Business Management with a concentration in Applied Math from Rensselaer (RPI).He has been an active participant in the Massachusetts Chapter of the National Academy of Elder Law Attorneys since 2003. Attorney Hope enjoys having a positive impact on people’s lives through his work as an elder law attorney.

Patricia Keane Martin

Patricia Keane Martin is a partner at Seegel Lipshutz Lo & Martin concentrating her practice in the areas of elder law litigation, estate planning, and probate and trust administration. She has extensive experience with all aspects of probate litigation involving will contests, estate administration disputes, trust and fiduciary disputes, and contested guardianships and conservatorships. She is an active member of MassNAELA in which she serves as co-chair of the Advocacy Committee and on the Board of Directors. She has been designated as a Super Lawyer since 2016.

Rebecca Tunney

Rebecca Tunney (Flewelling) is an associate at Day Pitney, LLP where she concentrates her practice in estate and trust planning, estate and trust administration, taxation, long term care planning and elder law. She works with clients to structure their estate plans and lifetime gift programs through estate, gift, generation-skipping and income tax planning in order to meet client objectives. She advises personal representatives, trustees and other fiduciaries on the administration of estates and trusts, including preparing and filing gift and estate tax returns. She counsels clients on long-term care planning, Medicaid applications, guardianships and conservatorships. She graduated magna cum laude from Suffolk University Law School and received her L.L.M degree in Taxation from Boston University.

Joblin Younger

Law Office of Joblin C. Younger, P.C.

Joblin C. Younger is founding partner of the Law Office of Joblin C. Younger, P.C. in Beverly, where he concentrates his practice in the areas of taxation, trusts, estate planning and administration, and probate litigation. He received his LL.M. degree in Taxation from the Boston University School of Law, his J.D. degree from Suffolk University Law School, and his B.A. degree from The City College of New York. Mr. Younger is admitted to practice in Massachusetts and New York, and serves as a Public Administrator of Suffolk County.