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MSBA ELDER LAW SECTION E-NEWSLETTER | July 6, 2016

July 6, 2016

Vol. 9, No. 20

E-Newsletter Editorial Staff:

Communications Committee Chairs:  Margaret Kyle

Editor in Chief:  Rachel Schromen

Web Editor: Position Open

Contributors:  Julian Zweber, Genevieve Gaboriault, Laura Orr, Barb Brekke


ANNUAL MEETING UPDATES

The annual meeting of the Elder Law Section Governing Council was held on Friday June 24, 2016 at the office of Estate & Elder Law Services. 

Section Membership
As of June 27, 2016, the Section has 492 members.
 
Financial Status
The Section had an account balance of $19.885.94 as of May 31, 2016.
 
CLEs & Events
The Section hosted 2 CLE programs in fiscal year 2015-16.

  • Ethically Servicing Seniors through Attorneys-in-Fact, 12/17/2015
    • Event Code 231208 – 1.0 Ethics CLE Credit
  • Privacy Dilemmas in Elder Case: Perspectives for Providers, Patients and their families, 03/18/2016
    • Event Code 216657 – 1.0 Standard CLE Credit

Newly Elected Members of the Governing Council

The Elder Law Section Governing Council welcomes the following members to the governing council:

Members in New Roles

Chair: John Kantke

Vice-Chair: Laura Orr

Treasurer: Stuart Deuring

Secretary: Mary Ebb

Current ELGC members nominated to renew two-year terms (July 1, 2016 – June 30, 2018):            
1. Stuart Duering
2. Mary Joki Ebb
3. Laura Orr
4. Mary Frances Price
5. Cathryn Reher
6. Suzanne Sandahl
7. Suzanne Scheller
8. Joel Smith
9. Daniel Steinhagen
10. Julian Zweber
 
New ELGC candidates nominated to fill two-years terms (July 1, 2016 – June 30, 2018):
1. Jack Austin
2. Lori Guzman
3. Marit Peterson
4. Jennifer Wright
 
Current ELGC members continuing existing two-year terms (July 1, 2015 – June 30, 2017):
1. Stuart Bear
2. Lauren Fink
3. Genevieve Gaboriault
4. Brenna Galvin
5. Margaret Grathwol
6. Richard Hawke
7. Jeanine Johnson
8. John Kantke
9. Margaret Kyle
10. Kenneth LaBore
11. David Rephan
12. Jill Sauber
13. Jeff Schmidt
14. Lori Skibbie
15. Laura Zdychnec

Outgoing ELGC Members

1. Allison Burke
2. Erbayne Jarvis
3. Susie King
4. Andrea Smith

On behalf of all member to the Elder Law Section, the editors would like to thank the following individuals for their service on the Elder Law Section Governing Council:

Submitted by: Mary Frances Price


SUBMITTED NEWS AND ARTICLES

Fifteen percent of Medicare patients go home with pain-relieving prescriptions

https://news.usc.edu/103066/fifteen-percent-of-medicare-patients-go-home-with-pain-relieving-prescriptions/

Transgender Woman Claims Abuse in Nursing Home Can’t Find Proper Care

http://whotv.com/2016/06/22/transgendered-woman-abused-in-nursing-home-cant-find-proper-care/

DOJ claims ‘largest takedown ever’ of $900M in Medicare fraud

http://medcitynews.com/2016/06/doj-medicare-fraud/

 Submitted by Joel Smith
 

SPOTLIGHT ARTICLE

DHS ANNOUNCES NEW HEALTH CARE PROGRAMS ELIGIBILITY POLICY MANUAL (EPM)

After months of rumors that a new Health Care Programs manual would be coming soon, DHS announced on June 8, that a new manual, to be known as the Health Care Programs Eligibility Policy Manual (EPM), became effective on June 1, 2016, for medical assistance applications submitted on or after June 1, 2016.  The new manual is described in Bulletin 16-21-03.  The Bulletin is available at:  http://www.dhs.state.mn.us/main/groups/publications/documents/pub/dhs-287673.pdf.  The organizational structure, totally new numbering system, and the reasons for the new manual are explained in Manual Letter #16.1, which is available at:  http://hcopub.dhs.state.mn.us/epm/ml_16_1.pdf.  The new manual itself is available at:  http://hcopub.dhs.state.mn.us/epm/#t=index_1.htm.  The new manual replaces the previous Health Care Programs Manual (HCPM) as of June 1, 2016, but Manual Letter #16.1 makes clear that the new manual is not intended to announce any new DHS medical assistance policies.  The old HCPM will continue to be available at: http://hcopub.dhs.state.mn.us/hcpmsrc/.  A link will take you from the old HCPM to the new EPM.  More information should become available as practitioners learn how to review the new EPM. 

Submitted by Julian J. Zweber
 

WHAT WOULD YOU LIKE TO LEARN?

The Elder Section Education Committee is planning several CLE seminars for this upcoming section year. If you would like to play a role in planning the issues that are studied and taught in the seminars, please consider participating in the Education Committee.

Please feel free to contact Education Committee Chair Laura Orr of SMRLS Metro Senior Law Project Laura if you would like to join the committee, participate in a meeting by telephone, or simply share a suggestion about how the section's CLE programming can meet your needs.

Submitted by Laura Orr, laura.orr@smrls.org


WEB EDITOR POSITION OPEN

Position Description: Monitor DHS website for new bulletins and manual letters pertaining to Elder Law. Collect and compile these updates and email to Tram Nguyen at tnguyen@statebar.gen.mn.us periodically to include on the Links/Resources page. Annually update the Mary Alice Gooderl Award Recipient page. Research, collect, and submit additional updates as requested by the section. If you are interested, please contact Rachel Schromen at Rachel@SchromenLaw.com or 651-571-2515.


PRO BONO OPPORTUNITY

Serve MN:  Real Help from Lawyers for Families Dealing with Dementia

Elder law attorneys are encouraged to sign-up for this new opportunity to provide important information and resources to individuals recently diagnosed with Alzheimer’s and to their families.  The Pro Bono Committee of the Elder Law Section of the MSBA is working with the Alzheimer’s Association of Minnesota and North Dakota to engage attorney volunteers to provide legal information and resources to individuals and families impacted by Alzheimer’s.  Please consider learning more about this new exciting pro bono opportunity.  If you would like to participate, please complete the enrollment form at Pro Bono Application and submit it to icaservemn@gmail.com

Reminder:  Keep track of your pro bono hours to submit to MSBA’s North Star Lawyer Program. You may also claim 1 hour of standard CLE credit for every 6 hours of pro bono legal representation provided in a legal matter that has been referred to the lawyer by an approved legal services provider or by a Minnesota Judicial Branch program. Visit the MN Board of Continuing Legal Education to learn more and find a list qualifying organizations.

Submitted by Barb Brekke, bbrekke@brclawyers.com


ELDER LAW NEWS

Please submit news articles of interest to Rachel@SchromenLaw.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


CALL FOR SUBMISSIONS

Do you have a great story, have you read a good book, have you dealt with a case that relates to elder law? The Communications Committee is always looking for informative items for the weekly newsletter. Please email submissions to the newsletter editor, Rachel Schromen at Rachel@SchromenLaw.com


ELDER LAW SECTION ACTIVITIES

ADVOCACY COMMITTEE:

Contact David Rephan at drephan@chestnutcambronne.com or Suzy Scheller at suzy@schellerlegalsolutions.com for more information.

GOVERNING COUNCIL: 

The Elder Law Section Governing Council meetings for the year ending in June 2017 are TBD. 

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 Mary Frances Price, Chair, at MFPrice@mnelderlaw.com or (952) 929-0622

MA COMMITTEE MEETING: 

The 2015-2016 MA Committee meeting will be at 3:30 p.m. on the third Tuesday of every other month:

August 16, 2016
October 18, 2016,
December 20, 2016

The Medical Assistance Committee is a study group to analyze Elder Law Section member 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 Tracy Sherman with Pluto Legal, PLLC, at tsherman@plutolegal.com or 507-247-5900 at least 24 hours in advance of the meeting. Topics for the meeting may be submitted to tsherman@plutolegal.com under the subject heading “MA Committee Topic”, or faxed to 507-247-5868.

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.

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:

September 8, 2016 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@chestnutcambronne.com or (612) 336-2919 or Jeanine Johnson at jjohnson@meyernjus.com or (612) 630-3254.

PRO BONO COMMITTEE:

Meetings will be held the third Friday of every other month, from 12-1pm. Meetings will be held at Chestnut Cambronne PA 17 Washington Ave N #300, Minneapolis, MN, 55401. 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.  Ken always provides pizza and drinks.  The last meeting was March 24, 2016 to discuss vulnerable adult issues and potential areas that need advocacy.  The next meeting is TBD. Contact Ken for more information at Klabore@MNnursinghomeneglect.com or 612-743-9048.

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DON'T FORGET THE ELDER LAW WEBSITE IS A GREAT RESOURCE. 

Here’s what you can find on the Website:  Links to the DHS Health Care Programs Manual, the DHS Bulletin on treatment of uncompensated transfers, the Minnesota Bankers Association Compliance Bulletin on Powers of Attorney, legislative summary; Practice Links to organizations such as NAELA, ABA Commission on Law and Aging, Links to Federal and State Government Agencies, Statutes, and Regulations; Meeting Notices, Listings of Officers and Council Members, Section Bylaws, and more.

To access the ELDER LAW SECTION WEBSITE click here.  

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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@mnbar.org.

Current and prior E-Newsletters are posted on the website for the MSBA Elder Law Section and are available here.