MassHealth Update 2019 Seminar
Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 am – 12:00 pm
Lunch (On your own): 12:00 – 1:00 pm
Afternoon Session: 1:00 – 5:00 pm
MassHealth Long-Term Care Update
M. Albanese
MassHealth qualification strategies
• Proposed regulation update
• Advanced planning strategies in 2019: trusts, life estate deeds,
caregiver contracts, lease agreements
• Crisis planning strategies in 2019: annuities, pooled trusts, sole benefit trusts,
caretaker child deeds, joint interest transfers
Navigating the Continuum of Care from Both a Financial
and Clinical Perspective and Why Every Elder Law Attorney
Needs an Aging Life Care Advocate
P. Greenfield, J. Pilcher
Overview of community-based care options
Integrating public benefits to help finance community-based care
How to collaborate with aging life care advocates to address clinical concerns
How to manage complex family dynamics surrounding placement and care
The MassHealth Application Process
A. McIntyre
Obtaining verifications and preparing the application
Meeting deadlines and setting client expectations
Understanding MassHealth notices and maintaining eligibility
Long-Term Care Insurance
S. Lannik
How creative is the long-term care industry, really?
What options are available in the long-term care insurance arena?
Long-term care insurance exemption
MassHealth Issues in the Probate Court
P.K. Martin
Conservators authority to engage in long term care planning
When can you use declaratory judgment actions
Explaining long term care planning to the probate court
Filing MassHealth applications as a conservator
Cries and Whispers:
Negotiating Estate Recovery Claims and Representing Clients
at Administrative and Judicial Proceedings
C. Klyman, L. Neeley
The art and science of negotiation with the estate recovery unit and
general counsel/attorney general’s office
Best practices for representing clients at the board of hearings and in superior court
administrative appeal cases
Fair hearing and judicial appeal basics
Estate recovery basics
Exceptions to estate recovery: long term care insurance, waivers and deferrals
The Medicaid annuity conundrum: dealing with contested beneficiary designation claims
Litigating disputed estate recovery claims
Credits
Certified Public Accountants
8.0 CPE Hours
Attorneys
Non-Credit 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. This course offers 8.0 intermediate level CPE hours in the area of specialized knowledge. A basic understanding of health insurance is recommended and no advance preparation is required.
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. Sponsor No. 103015.
This course offers a non-credit CLE opportunity to Massachusetts attorneys. Massachusetts does not require CLE.
This course 7.0 CLE hours 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 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, which are appropriate for new and experienced attorneys.
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.
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.
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.”
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.
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.
Jennifer Pilcher
Jennifer Pilcher is founder of Clear Guidance in Needham Junction. She was awarded her doctoral degree in Gerontology from the University of Massachusetts in 2005. Dr. Pilcher’s professional experience has focused primarily on care and housing arrangements for elders with Alzheimer’s disease and related dementias, including policy and fundraising work for several Alzheimer’s associations. She serves as President of the New England Association of Aging Life Care and is the editor in chief of the Journal of Aging Life Care.