You're receiving this newsletter as a member of the MSBA Elder Law Section.

No longer interested? Unsubscribe. Having trouble viewing this email? View it in your browser.
Click here for a printable PDF version of this week's e-news.

MSBA Section Banner

E-Newsletter of April 19, 2011 | Vol. 4, No. 14

Header

Link of the Week

Header

Long-term Care Ombudsman: MNDHS Office of the Ombudsman for Long-term Care

Ever wonder what an Ombudsman for Long-term Care does? This link is to the MNDHS Office of the Ombudsman for Long-term Care. It provides information on the creation of the Office of the Ombudsman and answers to the questions of what an ombudsman does and who the Ombudsman for Long-term Care serves.

The link is available at: Office of the Ombudsman for Long-term Care.

Submitted by Sarah J. Leonard
Law Student Representative
William Mitchell College of Law
Sarah.leonard@wmitchell.edu

 

Elder Law News

Header

Lawmakers aim to close elder abuse loophole: KARE 11

Bill adds elder abuse to offender registry: Pioneer Press

The Good Life: Minnesota's guide for active adults -- Keep those fingers crossed: long-term care insurance: Star Tribune

This Receipt Tells You Where Your Tax Dollars Go: NPR

U leading evolution of end-of-life care: Star Tribune

Study: Medicare patients less likely to die in Minnesota hospitals: Grand Forks Herald

Obama challenges hospitals to dramatically cut mistakes, readmissions: MPR

Fixing Medicare: Obama Vs. Ryan: MPR

Brooklyn Park couple charged with Medicaid fraud face 60 years in prison: MPR

Redwood Falls nursing home slow to help resident who died: Star Tribune

New safe efforts designed to detect, prevent Medicaid fraud: MinnPost

Elder Law Cases

Header

The following is a decision released by the Minnesota Court of Appeals
on April 12, 2011:
 
A10-1303
 
Harold Young, Appellant, vs. Lucinda Jesson, Commissioner of Human
Services, Respondent; Steele County Human Services, Respondent.

HUDSON, Judge
A healthcare provider that meets applicable state licensing and
certification standards is a qualified provider for purposes of
rendering customized-living services under Minnesota‘s elderly-waiver
medical-assistance program established under section 1915(c) of the
Social Security Act, 42 U.S.C. § 1396n (2006). A county agency
responsible for contracting for those services may not restrict a
medical-assistance recipient‘s free choice of qualified providers by
refusing to contract with a qualified provider.

Reversed and remanded.

From the opinion:
Appellant, a recipient of home- and community-based services under
Minnesota's elderly-waiver medical-assistance program pursuant to
section 1915(c) of the Social Security Act, challenges the decision of
respondent Minnesota Commissioner of Human Services affirming a
decision by respondent Steele County Board of Commissioners to refuse
to contract with appellant‘s chosen provider for those services.
Because we conclude that the commissioner erred by determining that
the county had authority to restrict appellant's free choice of
providers by declining to contract with a provider otherwise qualified
to render services to appellant, we reverse and remand for further
proceedings.

The opinion is available at:
http://www.lawlibrary.state.mn.us/archive/ctappub/1104/opa101303-0412.pdf.

Elder Law Statutes, Regulations, and Bulletins

Header

There are no statutes, regulations, or bulletins to report this week.

Upcoming Events and CLE Programs

Header

A Review of Changes in the Guardianship and Conservatorship Laws
Hennepin County Bar Association
Probate & Trust Law Section
April 25, 2011
Contact or Other Information:
Online Information

Probate & Trust Law Section Conference
Minnesota CLE
June 6, 2011
Contact or Other Information:
Online Information

Elder Law Section Activities

Header

MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, April 19, 2011. Topics for the meeting may be submitted to MA Committee Chair, Cathryn Reher, at creher@mnelderlaw.com, or faxed to 952-542-9201. For directions, or to attend by phone, please contact Tracie Fenske with Long, Reher & Hanson, P.A. at 952-929-0622. Please be reminded that the meeting location is: Estate & Elder Law Services (formerly MAO Legal Services), Monroe Village, 1900 Central Avenue NE, Suite 106, Minneapolis, Minnesota 55418. 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 which faces directly into the meeting room.

GOVERNING COUNCIL: Please note the change of meeting time. The next meeting of the Elder Law Section Governing Council will be 3:30 p.m. on Friday, April 29, 2011, at Estate & Elder Law Services (formerly MAO Legal Services), Monroe Village, 1900 Central Avenue NE, Suite 106, Minneapolis, Minnesota 55418. 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 which faces directly into the meeting room. For further information, please contact Jennifer Wright, Chair, at jlwright1@stthomas.edu.

ELDER LAW SECTION ANNUAL MEETING: The 2011 Annual Meeting of the Elder Law Section will be held at 3:30 p.m. on Friday, June 17, 2011, at the offices of Estate & Elder Law Services (formerly MAO Legal Services), located at Monroe Village, 1900 Central Avenue NE, Suite 106, Minneapolis. Please note the meeting date and location changes. 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 which faces directly into the meeting room. For further information, please contact Vicki McIntyre, Esq. at vmcintrye2@yahoo.com.

Elder Law Website

Header

Here’s what you can find on the Elder Law Section 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.

Go to the Section Website Header