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E-Newsletter of April 3, 2012 | Vol. 4, No. 64



Item of Interest



National Healthcare Decisions Day is right around the corner.  From 9 am to 7 pm Monday, April 16, law students and volunteer attorneys will provide information about a person's right to control his or her own health care and offer free assistance to anyone who wants to complete an advance health care directive.  

But, we need your help to make the event successful.  We are looking for attorney volunteers that will be available for part or all of the day.  As an attorney volunteer, you will assist participants with any questions they may have about the document and serve as a witness or notary to execute the directive.  Please contact Brenna Galvin at if you are interested in volunteering.

National Healthcare Decisions Day at William Mitchell is sponsored by William Mitchell College of Law's Elder Law and Estate Planning Society, the Center for Elder Justice and Policy, and the Health Law Society; as well as, the Hamline Health Law Institute. 

Submitted by Brenna Galvin


Article of the Week


Summary of New Family Deductible Provisions

During the 2011 First Special Session, the Minnesota legislature added a new monthly “family deductible” as part of the Medical Assistance (MA) “cost sharing” requirements. Under these new provisions, Minnesota Health Care Programs will deduct $2.55 (the new family deductible amount) from the first claim it receives in a month that is processed for payment for the MA client. This means providers may see a $2.55 payment reduction for services to MA clients, depending on whether they are the first provider to submit a claim for the client that month. This provision became effective January 1, 2012 for MA services provide by a managed care plan or county-based purchasing plan; for services provided on a fee-for-fee basis, this provision became effective September 1, 2011. The new law does provide several exceptions to the new family deductible, which can be found at Minnesota Statutes section 256B.0631, subdivision 2. If you are helping clients with their ongoing Medical Assistance benefits, you may need to understand how this new deductible will work.

Submitted by Natalie Barker

Elder Law News


Medicaid Gets Harder to Tap | The Wall Street Journal

Would You Support Increased Taxes to Pay for Your Alzheimer’s Care? | Star Tribune

Editorial: Boomers unready for long-term needs | Star Tribune

AARP forum on Social Security and Medicare in St. Paul | Star Tribune

Submitted by Joel Smith, Esq.

Elder Law Cases

Unpublished MN COA decision filed 4/2/2012:

In the Matter of: Harry Reynolds, Anoka County Adult Protection,o/b/o Marianne Pavlovski, petitioner,
Respondent, vs.Reimund George Pavlov, Appellant.
JOHNSON, Chief Judge           
An Anoka County official petitioned the district court for an order for protection on behalf of an elderly woman, Marianne Pavlovski, to prevent domestic abuse by her adult son, Reimund George Pavlov.  The district court granted the petition and issued an order for protection with a duration of ten years.  We conclude that the district court did not err by granting the petition and issuing an order but that the district court erred by setting the duration of the order at ten years without considering certain relevant factors.  Therefore, we affirm in part, reverse in part, and remand for further proceedings.
The opinion is available here. 
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010).

Submitted by Andrea Palumbo, Esq.

Elder Law Statutes, Regulations, and Bulletins

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

Upcoming Events and CLE Programs

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


The Hamline University School of Law Health Law Institute will be offering ELDER LAW in a compact format from June 16 to 21.  The course qualifies for 2 law school credits or 24 CLE credits.  To learn more, click here. 

The Health Law Institute is also offering four other courses in the same format in the same time-frame:

Health Reform: A New Age of Regulatory Enforcement (1cr)
Health Reform: Insurance Plans, Exchanges, and Mandates (1cr)
(Un)Healthy Choices: Tobacco, Obesity, and Beyond (2cr)
Health Care Compliance Summer Institute (3cr)

Submitted by Thaddeus Pope, J.D., Ph.D.
Director, Health Law Institute
Associate Professor of Law
Hamline University School of Law

Elder Law Section Activities


MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, April 17, 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, April 20, 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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