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E-Newsletter of October 22, 2013 | Vol. 6, No. 43



The MSBA Publishing Committee has selected Laura Zdychnec as the winner of the 2012-2013 Elmer H. Wiblishauser Author’s Award. The Elmer H. Wiblishauser award is given to the author of the best article in Bench & Bar in the preceding year. Laura’s article “The Perilous Path to Long Term Care” was the best work from July 2012 to June 2013. Laura was chair of the Elder Law section during that same period. She practices at Long, Reher & Hanson in St. Louis Park.

Submitted by Allison Burke


Garvey, Boggio & Hendricks, P.A. and Maser Amundson, P.A. two of Minnesota’s  elder law and estate planning law firms, merged on October 1, 2013 to become Maser, Amundson, Boggio & Hendricks, P.A. Kris Maser, Luther Amundson, Randy F. Boggio and Peter Hendricks are shareholders in the new firm, with Amundson serving as managing shareholder.

Submitted by Kari Logan



This week is the 2013 National Pro Bono Week. The National Pro Bono Celebration— sponsored by the ABA Standing Committee on Pro Bono and Public Service—is a “coordinated effort to showcase the work and impact of pro bono lawyers across the country.” The MSBA participates in the Celebration by “coordinating a series of civil legal clinics, continuing legal education programs and celebrations across the state to honor the work of Minnesota lawyers who provide pro bono representation throughout the year, and to highlight opportunities for pro bono service to those who cannot afford legal assistance.” Visit this link to view the schedule of events throughout Minnesota.
Keep track of your pro bono hours throughout the year to report with the MSBA’s North Star Lawyer Program. You may also claim 1 hour of CLE credit for every 6 hours of pro bono legal representation provided in a case that has been referred to you by an approved legal services provider or by a MN Judicial Branch program. Visit the Minnesota Board of CLE for more information.

Submitted by Adam Rohne



Notice regarding Medicare appeals – The Centers for Medicare and Medicaid Services (CMS) annually adjusts the amount in controversy (AIC) threshold amounts for Administrative Law Judge (ALJ) hearings and judicial review under the Medicare appeals process. The calendar year 2014 AIC threshold amounts are $140 for ALJ hearings and $1,430 for judicial review. Medicare Program; Medicare Appeals: Adjustment to the Amount in Controversy Threshold Amounts for Calendar Year 2014, 78 Fed. Reg. 59702, 59702–03 (Sept. 27, 2013). The new AIC thresholds are effective for requests for ALJ hearings and judicial review filed on or after January 1, 2014. Id. at 59703.

ALJ hearings and judicial review are the third and fourth levels of appeal out of a total of five levels of appeal that are possible within the Medicare appeals process. For general information regarding the Medicare appeals process, follow this link for the CMS website and review the resources under the “Appeals and Grievances” section.

Submitted by Adam Rohne



Minnesotans complain about Humana Medicare Advantage insurance | Inforum

Swanson requests federal probe into Humana's handling of Medicare claims | Pioneer Press

Now 113, Minnesotan is world's 13th-oldest living person | Star Tribune 

Trauma of placing a loved one in someone else's care | The Marion Star

In Minnesota, nurses in trouble get second chances | Star Tribune

Joel Smith



There are no cases to report this week.



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


Advance Care Planning Discussion

Mark your calendars for a Minnesota Healthcare Roundtable discussion on the topic of Advance Care Planning.  The Roundtable discussion takes place on Thursday, October 24, 2013, from 1 – 4 pm at the Symphony Ballroom in the Downtown Minneapolis Hilton and Towers.  The event is hosted by Minnesota Physician Publishing with current panelists of Ed Ratner, MD, University of Minnesota Center for Bioethics; Suzanne M. Scheller, Esq., Scheller Legal Solutions LLC; Cheryl Stephens, PhD, MBA - President, CEO, Community Health Information Collaborative; and Tomás Valdivia, MD, MS - CEO, Lumināt.   Tickets and information available at Minnesota Physician Publishing at 612.728.8600.  Contact Suzanne Scheller at for a limited number of complimentary tickets.

Submitted by Suzy Scheller

Wednesday, October 30, 2013 - Thursday, October 31, 2013
8:50 AM - 4:30 PM (Central Time) 
Minnesota CLE Conference Center
600 Nicollet Mall # 370
3rd Floor City Center
Minneapolis, MN 55402-1641

For full details, click here.

University of St. Thomas School of Law will be hosting the 2013 Midwest Clinical Conference on November 1-3.  Check out the conference details here. While some of the sessions are aimed specifically at clinical law teachers, there is a track for Innovations in Interprofessional Practice, which offers a lot of useful information for elder law practitioners.  Local attorneys are welcome to register and attend.  Six Minnesota CLE credits have been applied for.  At $125 registration fee, which includes several meals and a cocktail reception, this conference is a bargain. 

Submitted by Jennifer Wright



VULNERABLE ADULT SUBCOMMITTEE ANNOUNCEMENT: There are planned Vulnerable Adult Subcommittee meetings on the following dates from 12:00 to 1:30 to be held in my office in Edina (5001 Chowen Avenue South, Minneapolis, MN 55410). The dates are November 21, 2013, January 16, 2014, and April 17, 2014. Please call Ken LaBore at 612-743-9048 or email him 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, 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:


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.

Click here:


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