E-Newsletter of December 11, 2012 | Vol. 5, No. 50
ITEM OF INTEREST
The January 2013 Current Income and Asset Eligibility Figures Chart is available on the section page of the MSBA website, under Links/Resources on the Elder Law Forms and Documents page. To view the chart, click here.
Submitted by Laurie Hanson, Esq.
Home for the Holidays campaign aims to prevent financial exploitation of older adults | Crookston Times
Safety and Protection: Elder Abuse and Neglect | Hennepin County
Long-term care coverage: Worth the price? With premiums up, here’s what buyers need to know | Market Watch
Submitted by Joel Smith, Esq.
There are no new cases to report this week.
There are no statues, regulations or bulletins to report this week.
The Role of Guardians in End of Life Decision-Making: Reflections on the Tschumy Decision and its Implications for Guardians and Health Care Providers
Guardians play extremely important roles within our legal system, and are granted wide ranging authority under Minnesota law, including the legal authority to provide or withhold consent for medical care for an individual under guardianship. How far should this authority extend? The important question of whether a guardian’s authority extends to end-of-life decisions was recently considered in In re the Guardianship of Tschumy, where the court held that a guardian does not have the power to make a decision to terminate life support. The decision, which is now on appeal, presents important and difficult questions for attorneys, guardians and health care providers alike. Please join your colleagues from the MSBA’s Health Law and Elder Law sections for a discussion on the issues raised in Tschumy, featuring the attorneys involved, and the Judge who issued the decision.
Date: Friday, December 21, 2012
Time: 7:30 a.m. to 9:00 a.m.
Please join us for breakfast beginning at 7:30 a.m., followed by the program from 8:00 a.m. - 9:00 a.m.
Location: The Town & Country Club
300 Mississippi River Blvd. N., St Paul, MN 55104-4927 [Directions/Map]
For more details, click here.
Hamline University School of Law Health Law Institute - January Term Courses
January 3, 4, 5, 6, 8:30 a.m. to 4:00 p.m.
2 JD credits, Approved for 24 CLE credits (event code: 173291)
School of Law, Room 103
Adjunct Faculty: Gina Kastel, Partner, Faegre Baker Daniels LLP
The focal point of this course will be the privacy provisions of the Health Insurance Portability and Accountability Act (HIPAA), the foundation for federal protections of health care information. Additionally, the course will examine the interplay between HIPAA and other federal and state health privacy laws and the application and enforcement of those laws in a variety of health care settings. Classroom work will incorporate discussions about the close and evolving relationships among health care policy, evolving social norms and health privacy laws.
Fraud & Abuse
January 8, 9, 10, 11, 4:30 p.m. to 9:10 p.m.
January 12, 8:30 a.m. to 5:00 p.m.
2 JD credits, Approved for 23.5 CLE credits (event code: 173293)
School of Law, Room 105
Adjunct Faculty: Isaac Buck, Visiting Assistant Professor, Seton Hall University School of Law
This course examines laws and regulations that impose criminal and civil penalties on health care providers for fraud and abuse, with special emphasis on the Federal False Claims Act, the Anti-Kickback Statute, and the Physician Self-Referral (Stark) Law. Civil Monetary Penalty and exclusion laws and the application of traditional federal white collar criminal statutes to health care will also be discussed. Further, other topics - including the use of the Responsible Corporate Officer Doctrine, the use of settlements as enforcement mechanisms, and the changes brought about by the Patient Protection and Affordable Care Act - will be explored. At the conclusion of the course, the student should have a basic working knowledge of the laws and regulations concerning health care fraud and abuse.
Submitted by Kari Winter
MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, December 18, 2012. 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, December 14, 2012 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