Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 am – 12:15 pm
Lunch (On your own): 12:15 – 1:15 pm
Afternoon Session: 1:15 – 5:00 pm
Continuum of Care Overview and
MassHealth Long-Term Care Update
M. Albanese, P. Greenfield
Setting the stage for the current marketplace and how to finance care in 2018:
Independent living, assisted living, continuing care retirement communities,
home care and skilled nursing facilities
MassHealth qualification strategies
• Proposed regulation update
• Advanced planning strategies in 2018: trusts, life estate deeds,
caregiver contracts, lease agreements
• Crisis planning strategies in 2018: annuities, pooled trusts, sole benefit trusts,
caretaker child deeds, joint interest transfers
How to Get Assistance from MassHealth
with the Cost of Home Care and Assisted Living Facilities
P. D’Agostino
Coverage at home: home and community-based services waiver, personal care attendant,
adult foster care, community choices
Coverage in an assisted living facility: program for all inclusive care for the elderly,
senior care options
The MassHealth Application Process
A. McIntyre
Obtaining verifications and preparing the application
Meeting deadlines and setting client expectations
Understanding MassHealth notices and maintaining eligibility
Outlook for the Future: Massachusetts and National Views
W. Brisk
S. Lannik
Other MassHealth Cases of Note
P. K. Martin
Update on due process cases
Review of pleadings to begin a due process challenge
Update on local/national pooled trust cases
Update on national elective share cases
Best Practices for Representing Clients at
Administrative Appeal or 30A Proceeding
C. Klyman
“Fair” hearing basics
• Pre-hearing prep
• To brief or not to brief
• Making a record
Judicial appeal basics
• Pleadings, procedures and presentation
• It’s so hard to win, but losing can be worth the effort
Miscellaneous Issues in Estate Planning and Administration
J. Younger
Capitol gains issues Partition, life estates, and spousal elective share
Valuing life estates Exempt property
Interesting new cases
MassHealth Estate Recovery:
How to Deal with Claims and Resulting Litigation
L. Neeley
Timeline of MassHealth estate recovery process
Exceptions to recovery and filing a Notice of Disputed Claim
Litigating disputed estate recovery claims
Long-term care insurance exemption
Notable estate recovery cases
Credits
Certified Public Accountants
8.0 CPE Hours
Attorneys
Non-Credit Massachusetts CLE
7.0 Maine CLE Hours
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 Inc. 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. 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 website: www.NASBARegistry.org. Complaints can also be directed to Doug Chapman at doug@halfmoonseminars.org. Sponsor No. 103015.
The Maine Overseers of the Bar has approved this course for 7.0 CLE hours for attorneys.
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 8.0 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 in New 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.
Speakers
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. BriskWilliam 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.
Carol Cioe Klyman
Carol Cioe Klyman is a shareholder of Shatz, Schwartz and Fentin, P.C. She concentrates her practice in elder law, estate planning, long term care and special needs planning, estate administration, estate and gift tax, trust and estates litigation, and MassHealth appeals. Ms. Klyman is editor-in-chief of the NAELA Journal, a fellow of the American College of Trust and Estates Counsel, a fellow of the American Bar Foundation, a member of the National Academy of Elder Law Attorneys and past vice president and board member of the Massachusetts chapter of NAELA. She is also a member and past president of the Estate Planning Council of Hampden County, a member of the Pioneer Valley Estate Planning Council, and a member of the Hampshire County, Hampden County, Massachusetts and American Bar associations.
Patricia D'Agostino
Margolis & Bloom, LLPPatricia C. D’Agostino is a partner at Margolis & Bloom, LLP, practicing in estate and long-term care planning, MassHealth applications and appeals, planning for children with special needs, settlement planning, guardianship and conservatorship, and probate administration. Attorney D’Agostino has developed a specialized practice in the area of advising clients how to supplement the cost of care at home or in an assisted living facilities through the use of a myriad of MassHealth, Veterans, and low-income programs.
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.
Susana Lannik, Esq. CELA
Lannik Law, LLCSusana Lannik, Esq. CELA founded her firm Lannik Law, LLC, which concentrates in the areas of elder law, estate planning, probate of estates and guardianships. Ms. Lannik enjoys “presenting the case” for elder law to the public and to professionals alike in talks, and articles. She is co-author with Debbie Papay of Bloopers in Estate Planning and Elder Law. She also creates and up-dates a Consumers’ Guide to Asset Protection and Long-Term Care Options for her clients. Recently she co-authored an article with attorney Bill Brisk in Estate Planning magazine called “Long-Term Care Insurance Crisis Calls for Creativity.”
Amy L. McIntyre
Amy L. McIntyre is paralegal at Mirick O’Connell in Worcester, in the Trust and Estates Department. She concentrates in the asset restructuring process and the MassHealth qualification of elders seeking community based and long-term care benefits, as well as trust and estate administration matters. Ms. McIntyre is a member of the Central Massachusetts Paralegal Association for which she served as vice president for the past two years.
Lisa M. Neeley
Lisa M. Neeley is of counsel with the firm of Mirick, O’Connell, DeMallie and Lougee, LLP, in Worcester, where she is a member of the Trusts and Estates practice group. She assists clients with obtaining Medicaid eligibility for both long-term and community-based care, including the planning and preparation of complex Medicaid applications, state Medicaid litigation, special needs and disability planning, and general estate planning. Ms. Neeley is a member of the Board of Directors of the Massachusetts Chapter of the National Academy of Elder Law Attorneys and is a fellow of the American College of Trust and Estate Counsel.
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.