Seminars & Lectures

The Foundation for Continuing Education

Medicaid Planning Update - 2018

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DESCRIPTION:

Every year Medicaid planning and the ability to obtain MassHealth benefits become more difficult. The Status and regulations seem clear but case workers continue to identify flaws in Medicaid plans and they are looking for ways to deny benefits. Come to this survival seminar to learn what you need to know, and what type of planning techniques MassHealth is challenging and what arguments they are making, along with viable planning techniques and much more.

• How to draft an effective Irrevocable Medicaid Trust for a single person and for a married couple. What paragraphs to include and what to omit.
• How and when to draft a Testamentary trust.• The difference
between a look back period and a penalty period and permitted transfers.
• When to use commercial annuities, private annuities, and/or promissory notes, and how they work.
• Whether personal care contracts are permissible and how to draft them effectively.
• The new standards to meet the caretaker child exception and disabled child exception.
• Whether your Medicaid Trust should permit the donor to use and occupy the family home.
• How to protect yourself from legal malpractice claims.
• How to show certain income-producing assets are non-countable.
• The 2 ways to create life estates, when to use them along with an income, gift and estate tax analysis associated with life estates.
• How to preserve residential and/or elderly property tax exemptions.
• Review of cases from around the country - how states are challenging Medicaid planning techniques from annuities to irrevocable trusts from personal care contracts to special needs trusts.
• A walk through of the anatomy of a Medicaid fair hearing.
• A review of fair hearings and a look at how MassHealth is challenging Medicaid planning techniques.
• An operational guide to IIOTs along with a gift income and estate tax analysis of these trusts.
• What are countable and non-countable assets.

Date: FRIDAY, April 20, 2018

Time: 9:00 AM - 1:00 PM

Location: Courtyard Marriott Andover, 10 Campanelli Drive, Andover, MA 01810

Speaker: Todd E. Lutsky, Esq., LLM, Cushing & Dolan, P.C.

Agenda and written materials:

• Copies and Analysis of Recent Cases
• Planning Opportunities
• Sample Trust Documents
• "Ask the Experts" Q&A Session
• Sample Personal care contract

CEU .4

The Foundation for Continuing Legal Education

Estate Planning Essentials: Fed and Mass Issues (706 & M706)

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DESCRIPTION:

Join us in this exciting walk through of a Federal & Mass. Estate

The estate tax laws continue to change so come and learn how to prepare estate and gift tax returns in this new environment. We will begin by briefing you on a spectrum of topics from 2014 and beyond such as the changes to the applicable extension amount for deaths occurring in 2014, 2015 and beyond; a closer look at the importance of a step up in basis in light of the new net investment income tax (NIIT) and how it works; the portability of the estate tax exemption; the adjustment of the generation-skipping tax (GST) to inflation; and the scheduled maximum rate for gifts, estates and GST. Using a hypothetical example we will then walk you through schedule by schedule the preparation of a federal and Massachusetts estate tax return along with a brief explanation of the different estate planning documents you may encounter when preparing these returns; such as revocable trust, irrevocable life insurance trusts, first and second to die variety, Medicaid income only trusts, limited liability companies and much more with special attention paid to a joint trust and the application of § 1014 e to the trust and the possible double step up in basis. This course will also include the preparation of a gift tax return in connection with the use of a qualified personal residence trust. So sharpen your pencil and come to this hypothetical-packed session ready to "do the math".

• Filing Release of Liens, General Information & Elections;
• Real Estate - Schedule A;
• Stocks & Bonds - Schedule B;
• Mortgages, Notes & Cash - Schedule C;
• Life Insurance - Schedule D;
• Joint Property - Schedule E;
• Other Miscellaneous Property - Schedule F;
• Lifetime Transfers - Schedule G;
• Powers of Appointment - Schedule H;
• Pensions & Annuities - Schedule I;
• Deductions: Admin. Expenses, Debts & Losses - Schedules J, K, L;
• Bequests to Surviving Spouse - Schedule M;
• Charitable Deductions - Schedule O;
• Generation Skipping Transfers - Schedule R;
• Credits for Taxes on Prior Transfers, etc. - Schedule P & G;
• Hypothetical Problem & Federal & State Computations in Detail.
• Questions and Answers.

Date: TUESDAY, June 12, 2018

Time: 9:00 AM - 1:00 PM

Location: Hampton Inn Natick, 319 Speen Street, Natick MA 01760

Speaker: Todd E. Lutsky, Esq., LLM, Cushing & Dolan, P.C.

CEU .4

National Business Institute

Using Trusts in Medicaid and Disability Planning

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DESCRIPTION:

Trust-Based Medicaid Planning Simplified

Most Americans will need nursing home care at some point in their lives. With the prohibitive cost of care and lack of financing options, preserving Medicaid eligibility has become a planning imperative. This incisive legal guide will give you all the tools to protect your clients' family assets while keeping their nursing home care funding options open. Register today!

• Determine when a trust is needed and which trust structure best suits the situation.
• Prevent unforeseen consequences with sample trust language and its detailed analysis.
• Offer your clients more effective options when it comes to planning ahead for disability and nursing home care.
• Explore the gift, estate, and income tax consequences, and trust operational issues associated with the use of income-only trusts.

Date: WEDNESDAY, June 13, 2018

Time: 8:30 AM - 4:40 PM

Location: Ramada Plaza Portland, 155 Riverside Street, Portland, ME 04103

Speakers: Todd E. Lutsky, Esq., LLM, Cushing & Dolan, P.C.

Parke A. Burmeister, Esq., Casco Bay Law, LLC

Jennifer L. Kruszewski, Esq., Epstein & O'Donovan, LLP

Using Trusts in Medicaid and Disability Planning

Agenda

I. Trusts Overview: Key Terms, Concepts, Parties, Governing Law

8:30 - 9:30, Jennifer L. Kruszewski

A. Parties to a Trust: Their Rights and Responsibilities
B. Types of Trusts and Their Uses:
1. Third Party vs. Self-Settled
2. Revocable vs. Irrevocable
3. Grantor vs Non-Grantor
C. When is a Trust Needed?

II. Medicaid and Other Benefit Requirements the Trusts Need to Meet

9:30 - 10:30, Parke A. Burmeister

A. Medicaid and Supplemental Security Income
B. Medicare and Social Security Disability Insurance
C. State Programs
D. VA Benefits (Aid and Attendance)
E. Medicaid Estate Recovery

III. Using Third-Party Special Needs Trusts

10:45 - 12:00, Parke A. Burmeister

A. ABLE Accounts vs. SNTs
B. When Can SNTs be Used?
C. Strategic Use of Third Party SNTs
D. Drafting an SNT - Common Mistakes to Avoid
E. Making Sure the SNT is NOT a Countable Resource for Medicaid Eligibility (Sample Trust Terms/Language)
F. Choosing a Suitable Trustee
G. Planning Ahead with Medicaid Estate Recovery in Mind

IV. Trust Funding Techniques

1:00 - 2:15, Jennifer L. Kruszewski

A. Choosing the Assets for Funding the Trusts
B. Documenting the Assets Transfer into the Trust
C. Implications of Gifts and Transfers During Medicaid Lookback Period

V. Income-Only Trusts (IOTs): When and How to Use Them

2:30 - 3:40, Todd E. Lutsky

A. When to Use IOTs
B. Principal Distribution Provision
C. Taxation of IOTs
1. Income Taxation and Tax Reporting
2. Gift Tax and Reporting
D. Are the Trust Assets Recoverable under Medicaid Estate Recovery Rights?

VI. Taxes and Medicaid Trusts

3:40 - 4:40, Todd E. Lutsky

A. Gift Tax and Reporting
B. Grantor Trust Status and EINs
C. Income Taxation and Tax Reporting
D. Natural Tax Consequences of Medicaid Trusts (Estate Planning vs. Disability Planning)
E. Tax Planning with IOTs and SNTs
F. Tax Reporting Rules and Approaches

The Foundation for Continuing Legal Education

Medicaid Planning Update - 2018

Register Now

DESCRIPTION:

Every year Medicaid planning and the ability to obtain MassHealth benefits become more difficult. The Status and regulations seem clear but case workers continue to identify flaws in Medicaid plans and they are looking for ways to deny benefits. Come to this survival seminar to learn what you need to know, and what type of planning techniques MassHealth is challenging and what arguments they are making, along with viable planning techniques and much more.

• How to draft an effective Irrevocable Medicaid Trust for a single person and for a married couple. What paragraphs to include and what to omit.
• How and when to draft a Testamentary trust.
• The difference between a look back period and a penalty period and permitted transfers.
• When to use commercial annuities, private annuities, and/or promissory notes, and how they work.
• Whether personal care contracts are permissible and how to draft them effectively.
• The new standards to meet the caretaker child exception and disabled child exception.
• Whether your Medicaid Trust should permit the donor to use and occupy the family home.
• How to protect yourself from legal malpractice claims.
• How to show certain income-producing assets are non-countable.
• The 2 ways to create life estates, when to use them along with an income, gift and estate tax analysis associated with life estates.
• How to preserve residential and/or elderly property tax exemptions.
• Review of cases from around the country - how states are challenging Medicaid planning techniques from annuities to irrevocable trusts from personal care contracts to special needs trusts.
• A walk through of the anatomy of a Medicaid fair hearing.
• A review of fair hearings and a look at how MassHealth is challenging Medicaid planning techniques.
• An operational guide to IIOTs along with a gift income and estate tax analysis of these trusts.
• What are countable and non-countable assets.

Date: FRIDAY, June 22, 2018

Time: 9:00 AM - 1:00 PM

Location: Hampton Inn Natick, 319 Speen Street, Natick MA 01760

Speaker: Todd E. Lutsky, Esq., LLM, Cushing & Dolan, P.C.

Agenda and written materials:

• Copies and Analysis of Recent Cases
• Planning Opportunities
• Sample Trust Documents
• "Ask the Experts" Q&A Session
• Sample Personal care contract

CEU .4

National Business Institute

Medicaid Planning

Register Now

DESCRIPTION:

Stay on the Cutting Edge of Medicaid Practice

Skyrocketing health and long-term care costs are putting added pressure on your aging clients to find a way to afford assisted care. This focused course is dedicated to helping you offer the most current and effective Medicaid planning. Get detailed instruction on fulfilling all four eligibility criteria, with special focus on excluded assets, qualifying transfer techniques, and estate recovery rules. Register today!

• Hear the latest changes to in-home care services coverage under the ACA and PACE.
• Make better use of waivers and estate recovery exemptions.
• Clear up out-of-state coverage issues before applying for Medicaid.
• Find new ways to transfer assets without risking eligibility.
• Determine what assets count as "without saleable value" for purposes of qualified transfers.
• Walk through the Medicaid application, hearing, and appeal steps, and get tips on speeding up the process and the use of last minute techniques to save assets.
• Prevent malpractice with legal ethics guidance tailored to Medicaid practice challenges.

Date: THURSDAY, July 26, 2018

Time: 9:00 AM - 4:30 PM

Location: Worcester, MA - Venue to be determined

Speakers: Todd E. Lutsky, Esq., LLM, Cushing & Dolan, P.C.

Gina M. Barry, Esq., Bacon Wilson, P.C.

Ashley Evirs, Esq., Cody, Cody & McCarthy, LLC

Lisa M. Neeley, Esq., Mirick, O'Connell, DeMallie & Lougee, LLP

Medicaid Planning

Agenda

I. IS MEDICAID RIGHT FOR YOUR CLIENT?

9:00 - 9:45, Ashley Evirs

A. Is Medicaid the Right Solution for the Client?
B. Citizenship and Residency
C. Application for Other Benefits
D. Client and Agency Responsibilities (Reporting Changes of Income)
E. Out-of-State Coverage
F. New and Amended Eligibility Categories under the ACA
G. Medicaid Coverage vs. Private Alternatives
H. ACA and PACE Eligibility: Recent Changes to In-Home Care Services Coverage
I. Four Basic Eligibility Criteria in a Nutshell
J. Partial Eligibility and Share of Cost

II. LIENS, ESTATE RECOVERY AND HARDSHIP WAIVERS

9:45 - 10:30, Ashley Evirs

A. Estate Recovery Rules
B. Hardship Waivers
C. Estate Recovery Exemption with Qualified Long-Term Care Insurance Policy
D. Claim Reduction

III. EXCLUDED VS. COUNTABLE ASSETS

10:45 - 12:00, Gina M. Barry

A. Community Spouse Resource Allowance and CSRA Appeal
B. Assets Without Saleable Value
C. Annuities
D. Insurance and Other Assets Being Converted
E. When are Bank Accounts Excluded?
F. Creating Burial Contracts/Funeral Trusts
G. Disaster Relief Act and Other Excluded Government Payment Programs (Reparation Payments, Alaskan Native Claims, Nazi Persecution Payments, etc.)
H. Earned Income Tax Credit
I. Garden/Wood Plots and Other Property Used for Home Consumption
J. Limits on Household Goods
K. Income-Producing Property
L. Insurance Settlements
M. Life Estates/Life Leases and Their Impact on Estate Planning
N. Loans
O. When Life Insurance Becomes Countable
P. Vehicles
Q. Stocks, Bonds, and Mutual Fund Shares
R. Trusts
S. Valuation of Assets for Eligibility Purposes

IV. INCOME ELIGIBILITY

1:00 - 1:45, Lisa M. Neeley

A. How MAGI (Modified Adjusted Gross Income) is Calculated
B. Common Risks to Income Eligibility
C. Monthly Maintenance Need Allowance for the Community Spouse

V. QUALIFYING ASSET TRANSFERS: WHICH TECHNIQUES WORK

1:45 - 2:30, Gina M. Barry
A. Timing of the Transfers
1. DRA and Look-Back Period
2. Transfer Penalty
3. Penalty Beginning Date
4. Partial Months of Ineligibility
B. What Counts as a Gift for Purposes of Medicaid Planning?
C. Repayment of Debts and Prepayment of Expenses: Creative Uses
D. Recording Purchase of Exempt Assets|
E. Treatment of IRAs and Retirement Accounts
F. Purchase of a Life Estate
G. Planning with Promissory Notes and Annuities
H. The Reverse Half-Loaf Income Technique
I. How to Protect the Community Spouse
J. Reverse Mortgage: Legitimate Solution or Scam Artist's Dream?
K. Other Exempt Transfers

VI. APPLICATION PROCESS, APPEALS AND POST-ELIGIBILITY ISSUES

2:45 - 3:30, Todd E. Lutsky

A. Application Procedure Step-by-Step
B. Supporting Documentation to Include with the Submission
C. Medicaid Fair Hearings Case Presentation Tips
D. Crisis Planning to Shorten Penalty Period and Restore Eligibility
E. Appeal Procedure
F. Solving Overpayment Problems

VII. LEGAL ETHICS

3:30 - 4:30, Lisa M. Neeley

A. Conflicts of Interest when Representing Both Spouses
B. Protecting Confidentiality
C. Attorney Fees
D. Mental Capacity in Elder Law
E. Practical Scenarios - What Would You Do?