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E-Newsletter of September 3, 2013 | Vol. 6, No. 36



 There are no pro bono opportunities to report this week. 


CMS has recently issued a fact sheet regarding their acceptance of the “maintenance standard” for people who are receiving Medicare benefits in a nursing home. If you have a client who is being denied Medicare because the nursing home states the person has reached a “plateau” and is no longer showing improvement, use this fact sheet to try to change the decision. Also, note that there is a class action settlement in this matter that offers aggrieved Medicare applicants a chance to claim damages (claim period starts in January). For further information, go the website for the Center for Medicare Advocacy, which brought the class action.

The fact sheet has been submitted to MSBA to be posted on the section website. It will be posted under "Reports, Guides, and Memoranda."

Submitted by David Rephan, Esq.


Elder Law News


Making Sure Your End-of-Life Wishes Are Followed | US News

Submitted by Adam Rohne, Esq. 

At a glance: Nursing home series coming to ECM publications|
Elderly Care Series, Part 1: Nursing homes adapt, update with changing expectations, needs |

New Medicare guidance guarantees that same-sex married couples can live in the same nursing home | McKnight's Long Term Care News

DOMA Aftershocks Felt on Tax Bills and in Nursing Homes | Slate
Business forum: Elder abuse is a growing concern for us all | Star Tribune
Health beat: Preventing outbursts key in dementia care | Star Tribune 
19 More Life Hacks to Keep You Out of the Nursing Home | PBS Newshour

Submitted by Joel Smith, Esq.

Elder Law Cases

There are no new elder law cases to report this week. 

Elder Law Statutes, Regulations, and Bulletins

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

Upcoming Events and CLE Programs

The Elder Law Institute will be held at Minnesota CLE on October 30 and 31. For more information, click here.

Elder Law Section Activities


PRO BONO COMMITTEE MEETING: The mission of the Pro Bono Committee is to work with existing pro bono programs and elder service groups to make section members aware of pro bono opportunities, to connect section members with existing pro bono programs, and to expand pro bono services offered for elders. The next meeting of the Pro Bono Committee will be held on Friday, September 20th from 12:00-1:00pm at the law offices of Chestnut Cambronne, 17 Washington Ave. N., #300, Minneapolis, Minnesota. All section members are encouraged to attend. Anyone interested in serving on the Pro Bono Committee may contact Chair, Adam Rohne at

MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, October 15, 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, Pook Grathwol of CHESTNUT CAMBRONNE P.A., is Committee Chair.  For directions, or to attend by phone, please contact Bill Lent with CHESTNUT CAMBRONNE, P.A., at 612-336-2948 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 612-336-2940. 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 31, 2013 at 7:30 am. Please be reminded that the meeting location is: MSBA Offices, 600 Nicollet Mall, #380, Minneapolis, MN 55402. The meeting will take place in the conference room before the Elder Law Institute begins.

For further information, please contact David Rephan, 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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