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E-Newsletter of January 31, 2012 | Vol. 4, No. 55


Link of the Week


National Center for Lesbian Rights (NCLR) Elder Law Project

The NCLR is a non-profit, public interest law firm with a permanent Elder Law Project, the first of its kind in the nation. NCLR’s Elder Law Project works to identify where the law falls short for LGBT seniors and advocates for policy changes.

Additionally, the Elder Law Project maintains a collection of resources and information to assist LGBT elders as they plan for end-of-life issues, selecting safe assisted-living and/or nursing facilities, and drafting a will.

For more information and publications, please visit NCLR’s Elder Law Project website here.

Submitted by Courtney Allensworth           

Elder Law News


Commerce Dept. Warns Elderly Of ‘Friendly’ Scammers | CBS Minnesota

Get the facts on living with dementia | Saint Cloud Times

Seniors deserve quality care | Albert Lea Tribune 

Senior linkage line reaches milestone | Echo Press

Medicare Overpaid Insurers $3.1 Billion in 2010 on U.S. Errors | Blomberg Businessweek

Submitted by Joel Smith, Esq.

Elder Law Cases

There are no new cases to report this week.


Elder Law Statutes, Regulations, and Bulletins

#12-21-01        Legislative Changes to MinnesotaCare Eligibility for Certain Noncitizen Children and Pregnant Women  The purpose of this bulletin is to provide policy and instruction for implementing July 1, 2011, changes to MinnesotaCare eligibility and sponsor deeming for lawfully present noncitizen children and pregnant women. The bulletin, dated January 20, 2012, is available here.

#12-21-02        Legislative Changes to Noncitizen Medical Assistance (NMED) · The purpose of this bulletin is to provide policy and instructions for ending state- funded (NMED) coverage for certain noncitizens effective March 1, 2012, and determining their eligibility for MinnesotaCare. The bulletin, dated January 26, 2012, is available here.

Medical Assistance Reform Report (PDF) recently submitted to the Minnesota Legislature discusses DHS progress redesigning Medical Assistance (MA) and coordinating with current and ongoing department initiatives. The 2011 Legislature directed DHS to reform MA, Minnesota’s Medicaid program, to achieve better outcomes for people with disabilities, seniors and other enrollees. The report contains detailed information on 12 separate initiatives, designated by the Legislature, including community integration and independence, improved health, reduced reliance on institutional care, attainment of housing and employment and reduced use of services that are less effective.

Submitted by Peter M. Hendricks, Esq.


Upcoming Events and CLE Programs


REMINDER: Join in Feb. 7 at Noon - conference call for members to discuss Transfer Penalties, SNF Level of Care Change, Reform Waivers, and Spousal Income Changes. Participant Teleconferencing Instructions: Dial 1-877-754-3254; then enter Guest Code: 0525.

"Who are You Going to Call? Preventing Financial Exploitation of Elders and What to Do When It Happens"

Date:   Thursday, February 23, 2012
Time:   7:45 a.m. to 12:00 p.m.
Click here to view a program schedule.
Location:   Radisson Hotel Roseville
2540 Cleveland Ave N
Roseville, MN 55113 [Directions/Map]

Please join us for breakfast at 7:45 a.m., followed by the seminar from 8:20 a.m. - noon.

Submitted by Sally Mortensen, Esq.


What: World Elder Abuse Awareness Day
When: Wednesday, June 13, 2012 from 8:00am – 5:00pm
Where: William Mitchell College of Law
Auditorium and Classrooms for Breakout Sessions
875 Summit Avenue
Saint Paul, MN 55105
Cost: FREE!

Submitted by Suzy Scheller, Esq.
Elder Law Section Chair




Elder Law Section Activities


MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, February 21, 2011. 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.  Cathryn D. Reher of Long, Reher & Hanson, P.A., is Committee Chair.  For directions, or to attend by phone, please contact Tracie Fenske with Long, Reher & Hanson, P.A., at 952-929-0622 at least 24 hours in advance of the meeting. Topics for the meeting may be submitted to under the subject heading “MA Committee Topic”, or faxed to 952-542-9201. Please be reminded that the meeting location is: Estate & Elder Law Services (formerly MAO Legal 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 which faces directly into the meeting room.

GOVERNING COUNCIL:  The next meeting of the Elder Law Section Governing Council will be on Friday, February 17, 2011 at 3:30 pm at the offices of the Volunteers of America (VOA) at 1900 Central Avenue NE, Suite 106, Minneapolis, MN 55418.For further information, please contact Suzy Scheller, Chair,  at:


Elder Law Website


DON'T FORGET THAT 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.


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