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E-Newsletter of February 21, 2012 | Vol. 4, No. 58

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Item of Interest

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DHS SUBMITS WAIVER REQUEST TO EXCLUDE LOWER NEED INDIVIDUALS FROM NURSING HOMES AND CURRENT WAIVER PROGRAMS

On February 13, 2012, DHS submitted to the Secretary of Health and Human Services the final draft of Minnesota's request for waiver of federal medical assistance requirements to allow Minnesota to increase nursing facility level of care criteria.  The waiver request is identified as the "Long Term Care Realignment Section 1115 Waiver Request."  A preliminary draft of the request was submitted for public comment for a 30-day period starting November 28, 2011.  The final draft as submitted to HHS is available here.  The waiver request is 198 pages long. For those of you with a limited amount of time to try to understand the issues raised by this request, the comments received from the public are reproduced in Appendix V, and the DHS responses to the comments are shown in Appendix VI.  The Executive Summary and the comments and responses give a fairly good summary of the impact these proposed changes might have on your clients.   

Submitted by Julian J. Zweber
Legislative Coordinator
Elder Law Section
julianzweber@qwestoffice.net

 

Link of the Week

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Pathfinder to Elder Law – Minnesota Law Library

This page summarizes elder law resources available at the Minnesota State Law Library. It includes publications available at the library and online. To visit the library, click here.

Submitted by Analee Heath Leach
analee.heath@gmail.com


Elder Law News

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Victim's Family Pleased with Stronger Elder Abuse Laws | KAAL TV

Mother prevails over grandmother in custody dispute | Minnesota Lawyer

Minnesota Board on Aging 2012 Legislative Priorities | Minnesota Legislative Priorites (PDF)

Personal care assistants urge lawmakers to restore cut pay | The Bemidji Pioneer

Lawmakers urged to revoke 20 percent pay cut on personal care assistants | MPR News

Feds investigate Minnesota's handling of Medicaid | Marshall Independent

Federal investigation could impact Hubbard County’s indigent health plans | Park Rapids Enterprise

Submitted by Joel Smith, Esq.
joel@koslawfirm.com


Elder Law Cases

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A11-306

In re the Custody of: Y.R., J.R. and I.S.B.-T.
Julie Ann Trimbo, petitioner, Appellant,
vs.
Kathleen Anne Trimbo, Respondent,
Barry Rodriguez, Respondent Below,
Harold Bauman, Respondent Below.
KLAPHAKE, Judge
       Appellant Julie Ann Trimbo challenges the district court's award of the custody of her three minor grandchildren to their mother, respondent Kathleen Anne Trimbo, arguing that the district court abused its discretion because it did not properly weigh the factors necessary for a modification of custody. Appellant also asserts that the district court abused its discretion by refusing to award her grandparent visitation time.  These parties, mother and daughter, have engaged in a protracted battle over custody of respondent's children, exacerbated by their mutual hostility.
       The district court made a thorough and careful analysis of the modification factors. Because the district court's findings and conclusions regarding custody modification are supported by record evidence, and because it is in the children's best interests to presently deny grandparent visitation, we conclude that the district court did not abuse its discretion. We therefore affirm.
This opinion is available here.

Submitted by Andrea Palumbo, Esq.
andrea.m.palumbo@gmail.com

 

Elder Law Statutes, Regulations, and Bulletins

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

 

Upcoming Events and CLE Programs

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"Who are You Going to Call? Preventing Financial Exploitation of Elders and What to Do When It Happens"

Date:   Thursday, February 23, 2012
Time:   7:45 a.m. to 12:00 p.m.
Click here to view a program schedule.
Location:   Radisson Hotel Roseville
2540 Cleveland Ave N
Roseville, MN 55113 [Directions/Map]

Please join us for breakfast at 7:45 a.m., followed by the seminar from 8:20 a.m. - noon.
 
Submitted by Sally Mortensen, Esq.
mortensonlaw@tcq.net

Mark your calendars!  April 16 is NHDD

The Elder Law and Estate Planning Society and the Center for Elder Justice and Policy at William Mitchell will again host an all day public event on April 16 to facilicate end-of-life health care planning.  

From 9 am to 5 pm Monday, April 16, students and volunteer attorneys will provide free assistance to anyone who wants to complete an advance health care directive, which legally documents a person’s health care wishes so family and physicians will know exactly what medical procedures should or should not take place if the person is unable to communicate.

It takes less than an hour to complete the form, which may include preferences about special end-of-life treatments and pain management, directions about funeral arrangements and organ donation, and more.

The event is part of the fifth annual National Healthcare Decisions Day, in which health care providers, attorneys, and others will participate in a national effort to highlight the importance of advance health care decision-making. National Healthcare Decisions Day at William Mitchell is sponsored by the Elder Law and Estate Planning Society and the Center for Elder Justice and Policy at William Mitchell College of Law.

Submitted by Andrea Palumbo, Esq.
andrea.m.palumbo@gmail.com

SAVE THE DATE!

What: World Elder Abuse Awareness Day
When: Wednesday, June 13, 2012 from 8:00am – 5:00pm
Where: William Mitchell College of Law
Auditorium and Classrooms for Breakout Sessions
875 Summit Avenue
Saint Paul, MN 55105
Cost: FREE!

Submitted by Suzy Scheller, Esq.
Elder Law Section Chair
suzy@schellerlegalsolutions.com

 

Elder Law Section Activities

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MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, February 21, 2011. 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 tfenske@mnelderlaw.com 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 20, 2011 at 3:30 pm at the offices of the Volunteers of America (VOA) at 1900 Central Avenue NE, Suite 106, Minneapolis, MN 55418.For further information, please contact Suzy Scheller, Chair, at: suzy@schellerlegalsolutions.com.

 

Elder Law Website

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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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