The Foundation for Continuing Education Medicaid Planning Update – 2023 What’s New with Medicaid and What Needs to be Reviewed

Tuesday, October 17th

To Register, contact Rick Solano at 781-278-9901 or click the link below.

Register Now

From last minute Medicaid eligibility tips for the unplanned to drafting and taxation of irrevocable income only trusts and testamentary trusts for the advanced planner.


Last Minute Medicaid Techniques: Come Learn How:

  • To protect the primary residence for married and single folks;
  • To make countable rental property non-countable;
  • To make countable vacation property non-countable;
  • To protect life insurance policies (whole life vs term life);
  • To protect excess resources through Medicaid annuities and pooled trusts with a full discussion of the recently decided SJC decision in the Dermody case regarding annuities;
  • To differentiate countable vs non-countable assets;
  • To deal with the caretaker child exception, related rules, and recent fair hearing decisions regarding the same;
  • Medicaid liens operate and how they can actually be a good thing;
  • The five year lookback period operates and related exceptions to it vs the penalty period;
  • Special needs trusts and sole benefit trusts operate
  • To get a family worth $2 million eligible for Medicaid last minute when one spouse gets sick.

Drafting and Taxation of Irrevocable Income Only Trusts: Come Learn

  • How to draft irrevocable trusts to withstand MassHealth scrutiny;
  • Frequent arguments made by MassHealth;
  • How the Hirvi settlement is helping to support irrevocable trusts, administrative consistency, and due process;
  • How eligibility operations memo 20-04 is helping practitioners to better draft trusts and how it operates;
  • How the Fournier v. Sudders case reads and its benefit to drafting these irrevocable trusts
  • About other recent fair hearing decisions;
  • How the limited power of appointment operates;
  • The grantor trust rules for income tax purposes;
  • How 26 U.S.C §1014(a) and step up in basis works with these trusts;
  • Gift tax consequences of these trusts 26 CFR § 25.2511(c)
  • Estate tax consequences of these trusts including drafting of the marital and remainder shares to both protect assets and shelter for estate taxes;
  • About eligibility operations memo 19-12 re-defining calculation of life estate and remainder values and the Medicaid and income tax consequences (planning pointer and operation memo is currently being drafted to fix this problem and we’ll discuss it);

Testamentary Trusts, IRAs, and Life Insurance:

  • How trust and transfer rules apply to testamentary trusts, how to draft them, and how they operate;
  • Estate tax benefits of naming estate as the designated beneficiary of an IRA coupled with a testamentary trust;
  • Income tax benefits of naming estate as the designated beneficiary of an IRA vs naming the surviving spouse
  • To calculate the RMDs after naming the estate as the designated beneficiary under the Secure Act vs surviving spouse;
  • The Medicaid benefits and protections from naming the estate as the designated beneficiary of the IRA
  • The estate tax and Medicaid benefits of naming the estate as the designated beneficiary of a life insurance policy.

Live Conference

Date: TUESDAY, October 17, 2023

Time: 9:00 AM – 1:00 PM

Location: Marriott Residence Inn in Natick

Address: 1 Superior Drive Natick, MA


Todd E. Lutsky, Esq., LL.M., Cushing & Dolan, P.C., Waltham

Thomas J. McKinnon, Esq., Cushing & Dolan, P.C.

  • CPE Credits: 4