The Hartford County Bar Association’s Elder Law Committee presents:
Elder Law: Year in Review
Panelists and topics:
Brendan F. Daly, Esq., CzepigaDaly LLC
Attorney Daly will discuss the legal arguments he presented to the US Court of Appeals for the Second Circuit as Plaintiff’s counsel in Lopes v Starkowski. The Lopes decision now gives community spouses the opportunity to use excess assets to purchase an annuity. The annuity creates an income stream while the institutionalized spouse maintains Medicaid eligibility. He will discuss how annuities should be calculated, purchased and structured in compliance with the Court’s opinion.
Claudia W. Englisby, Esq., Law Offices of Sharon L. Pope
Attorney Englisby will present tools that Elder Law attorney’s need to know in order to avoid new transferee liability rules. It is these laws that allow nursing homes to place responsibility upon persons who willfully don’t pay the requisite applied income. She will also discuss the recent Supreme Court decision in United States vs Windsor and how the decision affects DOMA. Particularly, in Connecticut transfers of property between spouses in Medicaid spend-downs are treated differently for same sex spouses as opposed to heterosexual marriages. She will present some tips on asset structuring when one spouse seeks entitlements to help off-set the costs of long term care.
Sharon L. Pope, Esq., Law Offices of Sharon L. Pope
Attorney Pope will review two class action suits filed by the Center for Medicare Advocacy. The settled case involved a Plaintiff’s challenging the Medicare policy of terminating coverage for a home health patient on the ground that his or her condition had not been improving. This “improvement” standard was invalidated by the Court. The pending case alleges that Medicare wrongfully denies beneficiaries coverage for acute, post-acute and prescription drug expenses because hospitals don’t admit them as inpatients for at least three days. Instead, care is classified under an “observation” category even though hospital stays may last longer than 7 days and services were incorrectly billed under Part B when Medicare should have paid these claims under Part A. Additionally, Attorney Pope, as an accredited Veteran’s Affairs Claims Attorney, she will discuss changes in the Veteran’s benefits affecting Veteran’s access to public benefits and Medicaid transfer penalties. The last topic will be the benefits of the Affordable Care Act on senior benefits such as more preventative care and the phase out of the ‘donut hole’ in Medicare benefits.
Thursday, October 24, 2013
03:15 p.m. Registration
03:30 to 05:30 p.m. Program
HCBA Conference Center,
2nd floor, 100 Pearl Street, Hartford
This program qualifies for 2 CLE Credit Hours
Download PDF Registration Form
Thank you to our Sponsor:
The Rooney Blomberg Group at Morgan Stanley