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E-Newsletter of September 18, 2012 | Vol. 5, No. 38




The Awards Committee of the Elder Law Section is seeking nominations for Section awards to be presented at the Minnesota CLE Elder Law Institute on Thursday, October 11, 2012.  Nominations are sought for the Mary Alice Gooderl Memorial Award.  This Award is presented by the Elder Law Section to acknowledge outstanding contributions to the field of Elder Law by a member of the Elder Law Section, as exemplified by Mary Alice Gooderl, one of the founders of the Elder Law Section.  In addition, the Awards Committee considers nominations for special awards to recognize special achievements by section members or special contributions to the Elder Law Section or the field of Elder Law.
Nominations will close at 5 pm on Friday, September 28, 2012. Please submit nominations to Julian J. Zweber at 1360 Energy Park Drive, Suite 310, St. Paul, MN 55108-5252, telephone 651-646-4354 or 651-646-4539 (FAX) or

Submitted by Julian Zweber, Esq.
Co-Chair, Awards Committee



Elder Law News


Grandparent scam on the rise; BBB says know the red flags | Hometown Source

White House outlines deep cuts to federal budget | Brainerd Dispatch

Minn. hospital client of Accretive found in violation of federal laws | Chicago Tribune

Alzheimer's facts and figures | Brainerd Dispatch

Nursing home residents reel in youth at summer camp || KARE 11

Don't forget senior citizens in the back-to-school rush | NC Times

Coon Rapids Senior Center Hosts Election Information Event | KSTP

Submitted by Joel Smith, Esq.

Elder Law Cases

There are no new cases to report this week.

Elder Law Statutes, Regulations, and Bulletins

The following appeared in the State Register on Monday, September 10, 2012:

Minnesota Department of Human Services (DHS)
REQUEST FOR COMMENTS on Possible Amendment to Rules Governing the Rehabilitative and Therapeutic Services, Therapists Eligible to Enroll as Providers, and Required Documentation of Rehabilitative and Therapeutic Services, Minnesota Rules, parts 9505.0390, 9505.0391, 9505.0392, 9505.0412
Subject of Rules. The Minnesota Department of Human Services requests comments on its possible amendment to rules governing the enrollment of specified therapists as providers in the Medical Assistance (MA) program. The department is considering rule amendments that will bring the rule language into conformance with the most current language in federal regulations, state statutes, and U.S. Department of Health and Human Services Centers for Medicare & Medicaid Services (CMS) practices. As the rules are presently written, it states that a Medicare patient’s plan of care should be reviewed every 30 days when the current CMS practice is 90 days.

Moreover, Minnesota Rule, part 9505.0391 needs to be updated to reflect that audiologist and speech-language pathologists can now enroll in Medicare. Other technical and editorial changes are made to refer to the most current federal and state laws.
Public Comment. Interested persons or groups may submit comments or information on these possible rules in writing until further notice is published in the State Register that the department intends to adopt or to withdraw the rules. The department does not contemplate appointing an advisory committee to comment on the possible rules.
Rules Drafts. The department has not yet prepared a draft of the possible rules amendments that will be available before the publication of the proposed rules.
Agency Contact Person. Written comments, questions, requests to receive a draft of the rules, and requests for more information on these possible rules should be directed to: Marsha West at the Minnesota Department of Human  Services, Appeals and Regulations Division, PO Box 64941, St. Paul, Minnesota 55164-0941; telephone 651-431-3612; e-mail:; or FAX: 651- 431-7523. Persons with special needs may call the Minnesota Relay Service at 1-800-627-3529 (TDD), 7-1-1 or 1-877-627-3848 (speech to speech relay service).

Dated: 20 July 2012 Commissioner Lucinda E. Jesson
Minnesota Department of Human Services

Additionally, the following appeared in the same edition of the State Register:

Minnesota Department of Human Services (DHS)
Request for Statements of Interest for Development and Implementation Council for Community First Services and Supports and Money Follows the Person
The Minnesota Department of Human Services (“the Department”) will convene a Development and Implementation Council to consult and collaborate with the Department in the redesign of Personal Care Assistance services through the development and implementation of Community First Services and Supports (CFSS). CFSS will be designed to comply with the finalized regulations regarding section 1915(k) of the Social Security Act, the Community First Choice Option, with its emphasis on flexibility, self-direction, and person-centered planning.
The Department also seeks to engage the Development and Implementation Council to serve as a consumer advisory group for Money Follows the Person Rebalancing Demonstration (MFP). MFP is a demonstration that will assist individuals receiving Medical Assistance who have been residing in an institution for more than 90 days relocate to a community setting. The consumer advisory group will assist the Department to simplify and improve the effectiveness of transition services with a focus on those individuals with complex needs who seek to relocate to a community setting.
The Department is seeking Statements of Interest (“SOI”) from individuals interested in serving on the Council so that the development and implementation of these initiatives can be informed by the people who will utilize these services. The Department requires that the Development and Implementation Council have a majority comprised of people with disabilities (including children), people over the age of 65 and their family members or representatives. To ensure a diversity of perspectives, the Department is seeking to have representation from people with a variety of disabilities including consumers of various cultural groups that use personal care assistance services and other home and community-based services administered by the Department. Individuals selected to serve on the council will be requested to:
· Attend a series of meetings
· Participate with others in discussions about long term services and supports
· Provide information and recommendations specific to CFSS and MFP to improve the service system
· Give feedback about recommended changes being proposed
Other interested parties including advocates, providers or associations may also express interest and must demonstrate experience with home and community-based services and supports, and an understanding of person-centered planning, self-direction, and consumer choice. Additionally, the Department would value representation from those individuals with experience with assistive technology, environmental modifications, and transitioning from institutional settings into the community.
It is anticipated that the Development and Implementation Council will continue for 2 years. Meetings in the first year will be monthly and will be quarterly after that.
The first Council meeting is tentatively scheduled for October 9, 2012 from 1pm-4pm.
All persons expressing an interest in serving on this committee will be requested to complete a form which includes writing a brief statement summarizing their interest in serving on the committee. If you are interested in submitting a Statement of Interest, please download the form using the link below:
You may also contact the Department by phone or mail to have a paper copy sent to you. Reimbursement of some expenses may be made available for some committee members based on need.
Completed SOI forms must be received by the Department by September 24, 2012.
To request a paper copy of the SOI form: Call Jennifer Perry at phone: (651) 431-2172 or MN Relay: 711 or 1-800-627-3529

Additional information about both requests can be found in the State Register,

Submitted by Marit Peterson, Esq.

Upcoming Events and CLE Programs

SAVE THE DATE!  The 22nd Annual Elder Law Institute will be held on October 11-12, 2012 at the Minnesota CLE Center in Minneapolis. 


SAVE THE DATE!   "Legal, Medical, and Ethical Issues in Minnesota End-of-Life Care," the Hamline University Health Law Institute's multidisciplinary CLE Symposium, will be held in Hamline's brand new Anderson Center on November 8-9, 2012. To learn more, click here.

Submitted by Thadeus M. Pope, Esq.


Elder Law Section Activities


MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, October 16, 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 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.
 The next meeting of the Elder Law Section Governing Council will be on Friday, October 12, 2012 at 7:30 am, before the Elder Law Institute- location to be announced. For further information, please contact Laura Zdychnec, 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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