MSBA ELDER LAW SECTION E-NEWSLETTER
March 6, 2017
Vol. 9, No. 27
E-Newsletter Editorial Staff:
Communications Committee Chair: Margaret Kyle
Editor in Chief: Rachel Schromen
Web Editor: Bridget-Michaele Reischl
Contributors: Rachel Schromen, Julian Zweber, and Laura Orr
NEWSLETTER HIGHLIGHT: UPCOMING CLE
Save the Date! April 6 CLE on Emerging Issues in Assisted Living and Nursing Homes
On April 6, 2017, from 8:30 A.M. on 11:30 A.M., section member may gain valuable perspective on emerging issues in assisted living and nursing homes--and 3.0 standard CLE credits for $5. Participants may register to attend in person at the St. Paul Town and Country Club or remotely via teleconference or webcast. Breakfast will be provided beginning at 8 A.M. for participants who attend in person.
Five professionals from different sectors serving seniors will each present on an emerging issue observed in their field: Josh Berg (Director of Program Services, Accessible Home Space); Cathy Griffin (Home Care and Assisted Living Manager, Minnesota Department of Health); Lynn Gerard (Director of Nursing at Guardian Angels Care Center); Kris Lohrke (Director of the Office of Health Facility Complaints, Minnesota Department of Health); and Laura Orr (Staff Attorney, Southern Minnesota Regional Legal Services).
The panel will then discuss questions from the moderator (Suzanne Scheller of Scheller Legal Solutions, LLC) regarding each issue. Issues discussed will include the relationship of housing and services in residential care environments, care plans based on assessed need, electronic monitoring, consumer fraud, and investigation of suspected maltreatment.
Feel free to forward this announcement to interested colleagues who are not members of the Elder Law Section. They may attend the CLE free by joining the section ($25). They may call Tram Nguyen at 612-278-6316 to register.
Any other participants may register online.
EVENTS SCHEDULED IN THE NEXT MONTH –
COMMUNICATIONS COMMITTEE: March 15, 2017 at 8:30 a.m. at Kyle Law at 2332 Lexington Ave. N., Roseville, MN 55113.
The Communications Committee oversees the weekly Elder Law E-Newsletter and the Elder Law Section website. All members are welcome, and new members encouraged to join! For more information, please contact Margaret Kyle at margaret@kylelawmn.com.
EDUCATION COMMITTEE: Wednesday, March 8, 2017 from 9:30 AM to 10:30 AM via conference call. Attendees should 1-877-226-9607 and use Conference ID8157976029#. Questions may be directed to Laura Orr at laura.orr@smrls.org.
NEW LAWYERS COMMITTEE: March 9, 2017 at 12:00 p.m. at Chestnut Cambronne PA 17 Washington Ave N #300, Minneapolis, MN, 55401.
Each meeting has a different topic based upon input from the new lawyers committee. The meetings are formatted so that a seasoned elder law attorney will speak for the first half hour, and the second half hour will be questions and answers.
This month’s topic will be the Trust Code.
For more information, please contact Pook Grathwol at pgrathwol@chestHYPERLINK "mailto:pgrathwol@chestnutcambronne.com"nutcambroHYPERLINK "mailto:pgrathwol@chestnutcambronne.com"nne.com or (612) 336-2919 or Jeanine Johnson at jjohnson@meyernjus.com or (612) 630-3254.
ELDER LAW NEWS
CNN Investigation: Sick, Dying and Raped in America’s Nursing Homes
Why Did People on Medicaid Vote for Trump?
New York Times on the Complication of the Estate Tax Repeal
Submitted by Rachel Schromen, Rachel@SchromenLaw.com
Please submit news articles of interest to Rachel@SchromenLaw.com
QUESTIONS AND ANSWERS FROM THE MSBA COMMUNITIES
Q1: Colleagues: I am drafting a personal care agreement between an elderly client and her adult daughter. Elderly client will be applying for medical assistance when she moves into a nursing home in a matter of a few months. Three questions: 1. What is the going rate in the community for this kind of service? Last I heard it was $25/hour. 2. Is there any problem in the eyes of MA with the adult child staying overnight with the elderly parent and charging an hourly rate for overnight hours, even if nothing happens during the overnight hours? Elderly client requires 24-7 supervision and cannot go the bathroom on her own, which could come up during the night (amongst other things). 3. Anyone willing to share a sample personal care agreement with me?
A1: Even with a personal services agreement, a person who applies for MA after paying family members for personal care must prove by convincing evidence that the care was needed and the payment was reasonable. The test for reasonableness is the amount you would have to pay a stranger in the community to do the same thing.
So I don't start with numbers. I start with a care assessment and care plan from a licensed home care agency. The home care agency will assess needs, and the home care plan will identify the daily and hourly rates the agency would charge for the needed care. These rates usually vary for weekdays and weekends, daytime and nighttime. Actually, I would start with a doctor's written recommendations for the care that should be provided. Saying she needs 24/7 care doesn't help much. Doctors always say that, but nobody gets hands-on care for 24 hours every day unless the family can afford 24-hour nursing services.
Once the care plan is in place, you can use the care plan to write the personal services agreement to cover the services that the daughter will actually provide. The daughter should then chart the care she provides each day to document the care she actually provides. This amount could vary quite a bit from day to day, week to week or month to month. She should only bill for actual services provided at the appropriate rate. Payments are income to the daughter, and will probably trigger employer tax obligations for the mother. Services like HomePay can provide payroll and tax services to reduce the paperwork burden on the mother while making sure taxes are reported and paid correctly.
Contributing attorney: Julian J. Zweber, julianzweber@qwestoffice.net
This new section highlights common questions and answers that arise in the MSBA Communities regarding elder law. Please submit any interesting questions/answers you see to Rachel Schromen at Rachel@SchromenLaw.com
NEWLY FORMED DIVERSITY COMMITTEE
At the most recent Elder Law Council Meeting, a Diversity Committee was formed. Jeanine L. Johnson is serving as chair of this committee. The committee is seeking additional members. Being that the committee is newly formed, meeting dates and times are to be determined. Please contact Jeanine L. Johnson at jjohnson@meyernjus.com.
ELDER LAW CASES
Please submit Elder Law cases of interest to Rachel@SchromenLaw.com
STATUTES, REGULATIONS, BULLETINS
Please submit statutes, regulations, or bulletins of interest to Rachel@SchromenLaw.com
ELDER LAW SECTION ACTIVITIES
ADVOCACY COMMITTEE:
Contact David Rephan at drephan@HYPERLINK "mailto:drephan@chestnutcambronne.com"chestnutcambronne.com or Suzy Scheller at suzy@schellerlegalsolutions.HYPERLINK com for more information.
COMMUNICATIONS COMMITTEE:
The Communications Committee oversees the monthly Elder Law E-Newsletter and the Elder Law Section website. The committee is re-forming, and is composed of the newsletter editor, web editor, associate editors and contributors, and any other interested section members. Meetings are to be held every other month to review issues related to the newsletter and the website, and to conduct an annual member survey. Upcoming meetings for the Communications Committee are as follows:
March 15, 2017 at 8:30 a.m.
May 10, 2017 at 8:30 a.m.
July 12, 2017 at 8:30 a.m.
September 13, 2017 at 8:30 a.m.
November 8, 2017 at 8:30 a.m.
The meeting location is at Kyle Law at 2332 Lexington Ave. N., Roseville, MN 55113.
Anyone interested in serving on the committee or suggesting ideas for the newsletter or website may contact Communications Committee chair Margaret Kyle at margaret@kylelawmn.com
EDUCATION COMMITTEE
The education committee will meet Wednesday, March 8, 2017 from 9:30 AM to 10:30 AM via conference call. Attendees should 1-877-226-9607 and use Conference ID8157976029#. Questions may be directed to Laura Orr at laura.orr@smrls.org.
GOVERNING COUNCIL:
Meetings for the Elder Law Section Governing Council are set every other month, on the third Friday of that month, at 3:30 p.m. The remaining meetings for the Elder Law Section Governing Council for the year ending in June 2017 are as follows:
April 21, 2017 at 3:30 p.m.
June 16, 2017 at 3:30 p.m.
Please be reminded that the meeting location is: Estate & Elder Law Services, Monroe Village, 1900 Central Avenue NE, Minneapolis, Minnesota 55418. The meeting takes place in the building’s conference room. There are a few parking spaces behind the building and lots of street parking. People should walk to the back of the building and come to the back door that faces directly into the meeting room. For further information, please contact John Kantke at john.kantke@voamn.org or 612-676-6300.
MA COMMITTEE MEETING:
The 2016-2017 MA Committee meeting will be at 3:30 p.m. on the third Tuesday of every other month:
April 18, 2017 at 3:30 p.m.
June 27, 2017 at 3:30 p.m.
August 15, 2017 at 3:30 p.m.
October 17, 2017 at 3:30 p.m.
December 19, 2017 at 3:30 p.m.
The Medical Assistance Committee is a study group to analyze the member’s questions and case studies and to discuss administrative policies and procedures in relation to Medical Assistance in Minnesota, Lisa Pluto, of Pluto Legal, PLLC, is Committee Chair. For directions, or to attend by phone, please contact Traci Sherman with Pluto Legal, PLLC, at tsherman@plutolegal.cHYPERLINK "mailto:tsherman@plutolegal.com"om or 50HYPERLINK "tel:612-336-2948"7-247-5900 at least 24 hours in advance of the meeting. Topics for the meeting may be submitted to tsHYPERLINK "mailto:tsherman@plutolegal.com"herman@plutolegal.com under the subject heading “MA Committee Topic,” or faxed to 507-247-5868.
The Committee is hosted by Estate & Elder Law Service at Monroe Village, 1900 Central Avenue NE, Minneapolis, MN 55418 and meets at the nearby Monrie Village conference room. There are a few parking spaces behind the building and lots of street parking. People should walk to the back of the building and come to the back door that faces directly into the meeting room.
NEW LAWYERS COMMITTEE:
Meetings will be held the second Thursday of every other month at noon. Each meeting has a different topic based upon input from the new lawyers committee. Minutes of past meetings are available. The meetings are formatted so that a seasoned elder law attorney will speak for the first half hour, and the second half hour will be questions and answers.
Upcoming meeting dates:
March 9, 2017 at 12:00 p.m.
May 11, 2017 at 12:00 p.m.
Meetings will be held at Chestnut Cambronne PA 17 Washington Ave N #300, Minneapolis, MN, 55401. Please contact Pook Grathwol at pgrathwol@chestHYPERLINK "mailto:pgrathwol@chestnutcambronne.com"nutcambroHYPERLINK "mailto:pgrathwol@chestnutcambronne.com"nne.com or (612) 336-2919 or Jeanine Johnson at jjohnson@meyernjus.com or (612) 630-3254.
PRO BONO COMMITTEE:
Meetings will be held every two months, on the third Friday of that month, from 12-1pm. Meetings will be held at Chestnut Cambronne PA 17 Washington Ave N #300, Minneapolis, MN, 55401.
Upcoming meeting dates:
April 21, 2017 at 12:00 p.m.
June 16, 2017 at 12:00 p.m.
Questions may be directed to Jill Sauber at jsauber@maserlaw.com.
VULNERABLE ADULT COMMITTEE:
Meetings are held from 12:00 – 1:30 at Ken LaBore's office located at 5001 Chowen Avenue South, Minneapolis, MN 55410. Ken always provides pizza and drinks.
Upcoming meeting dates:
April 5, 2017 at 12:00 p.m.
Contact Ken for more information at Klabore@MNnursinghomeneglect.com or 612-743-9048.
***********************************************************************
The MSBA Elder Law Section’s Website contains information about section committees and leadership. It also contains useful practice resources.
You may email Bridget-Michaele Reischl at bridget@decorolaw.com to suggest changes to website content.
************************************************************************
Please send E-Newsletter contributions by 10 p.m. on the last day of each month to Rachel Schromen at Rachel@SchromenLaw.com.
If you do not wish to receive this E-Newsletter, send your request to be removed from the mailing list to Tram Nguyen at tnguyen@statebar.gen.mn.us
Current and prior E-Newsletters are posted on the website for the MSBA Elder Law Section and are available here.