E-Newsletter of April 16, 2013 | Vol. 6, No. 15
ITEM OF INTEREST
On April 5, the Centers for Medicare and Medicaid Services (CMS) issued a fact sheet on the settlement in Jimmo v. Sebelius, No. 5:11-CV-17-CR (D. VT, 10/16/2012). The plaintiffs in Jimmo challenged the denial of Medicare coverage for skilled maintenance therapies and skilled nursing on the basis that the patient was not improving. In the settlement, CMS agreed that coverage should not depend upon whether a patient is improving, but rather whether skilled care is needed to maintain function or to prevent or slow deterioration. Because CMS stated that the settlement was a clarification of existing law, it is effective immediately. The fact sheet is available here. Additional information and resources are available at here. Note that, beginning in January of 2014, individuals who were denied coverage based on the “improvement standard” after 1/18/2011 will be able to seek “re-review” from Medicare. Look for Judith Stein, the lead Plaintiff’s attorney, to be the keynote speaker at the upcoming Elder Law Institute in the fall.
Submitted by Anne Starr Goodman on behalf of the Elder Law Advocacy Committee
Why Medicare Cuts Will Quietly Kill Seniors | The Health Care Blog
Submitted by Adam Rohne, Esq.
Published opinions released by the Minnesota Court of Appeals on April 8, 2013:
In re the G. B. Van Dusen Marital Trust under the Grosvenor B. Van Dusen Revocable Trust Agreement dated December 17, 1981, as amended.
A12-0503, A12-0994, A12-1469
1. The district court erred by granting summary judgment to the trustee on the beneficiary's claim that she is entitled to additional distributions of principal from the trust.
2. Because the trust agreement allows the beneficiary to convert "unproductive property" to "productive property," the beneficiary may convert property that does not produce income to property that does produce income, even if property that does not produce income tends to appreciate in value so as to enlarge the amount of trust principal.
Reversed and remanded. Chief Judge Matthew E. Johnson.
The Opinion is available here.
In Re the Custody of: A. L. R. Jose Ramirez, Sr., et al., petitioners, Respondents, vs. Jessica Luna, Appellant.
1. Because the common law presumption in favor of parental custody is codified in the third-party custody statute, Minn. Stat. § 257C.01-.08 (2012), a district court in third-party custody proceedings is not required to separately address that common law parental presumption.
2. A parent's undocumented-immigrant status is not an extraordinary circumstance under Minn. Stat. § 257C.03, subd. 7(a)(1)(iii).
Reversed and remanded. Judge Michael L. Kirk.
The Opinion is available here.
Here's the link and the summary of the March 27, 2013 MN Supreme Court case Joel submitted last week:
In the Matter of the Petition of: S.G. and L.G. to Adopt P.U.K. and D.F.K.
In the Matter of the Petition of: D.D. and L.D. to Adopt P.U.K. and D.F.K.
Affirmed. Chief Justice Lorie S. Gildea.
Concurring, Justice Paul H. Anderson.
Concurring in part, dissenting in part, Justice Wilhelmina M. Wright.
Dissenting, Justices Alan C. Page and David R. Stras.
1. Minnesota Statutes § 259.57, subd. 2(c) (2012) requires that the district court consider the adoption petition of a relative of the child before considering an adoption petition from a nonrelative but does not require that the court prefer a relative over a nonrelative when determining the best interests of the child.
2. The district court did not abuse its discretion in determining under Minn. Stat. § 260C.212, subd. 2(b) (2012) that it is in the best interests of the children to be adopted by S.G. and L.G and granting the petition of S.G. and L.G.
The Opinion is available here.
Submitted by Andrea Palumbo, Esq.
There are no new statutes, regulations or bulletins to report this week.
This summer, Hamline Law is offering Elder Law both for law school credit and for CLE. It will be taught by former Elder Section chair Suzy Scheller, and runs from June 14-17. To view the schedule and course description, click here.
Submitted by Thaddeus Pope, J.D., Ph.D.
MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, April 16, 2013. 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 firstname.lastname@example.org 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 19, 2013 at 3:30 pm. 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. For further information, please contact Laura Zdychnec, Chair, at: email@example.com.
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.
Go to the Section Website