You're receiving this newsletter as a member of the MSBA Elder Law Section.

No longer interested? Unsubscribe. Having trouble viewing this email? View it in your browser.
Click here to view a printable PDF of this week's e-newsletter.

MSBA Section Banner

E-Newsletter of July 24, 2012 | Vol. 5, No. 30


Elder Law News


We need to re-evaluate elderly care facilities | Bemidji Pioneer (Link Expired)

Johnson & Johnson will pay as much as $2.2B to resolve investigation of Risperdal marketing (linked to increased risk of death for elderly people with dementia) | Star Tribune (Link Expired)

Farrell: Mortgage in retirement can make sense | Star Tribune

Medicare recipients happier with their health insurance than their younger counterparts, poll finds | Pioneer Press

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 July 16, 2012:

Department of Employment and Economic Development (DEED)
Minnesota Housing Finance Agency (MHFA)
Minnesota Department of Human Services (DHS)
Notice of Public Hearings and Draft Availability of State of Minnesota 2013
Housing and Community Development Annual Action Plan (ACTION PLAN) and
Consolidated Annual Performance and Evaluation Report (CAPER) for 2012

The State of Minnesota is developing its annual Action Plan for 2013, and the Consolidated Annual Performance and Evaluation Report (CAPER) for 2012. The state encourages citizens to participate in the development of both the Action Plan and the CAPER.

Annually the state submits an Action Plan to the U.S. Department of Housing and Urban Development (HUD) in order to receive federal housing and community development funding through the Community Development Block Grant (CDBG), HOME Investment Partnerships, Emergency Solutions Grants (ESG), and Housing Opportunities for Persons with AIDS (HOPWA) programs. Last year the state adopted the 2012-2016 Consolidated Plan, which examined the housing and community development needs of the state, and set priorities for allocating HUD funds. The annual Action Plan directs how the state will meet current and future needs and priorities in the coming year.

The state submits its CAPER to HUD annually as one of the conditions of receiving federal funds under the programs identified above. The CAPER provides information to measure the state’s progress during the past year in meeting assistance goals and priorities identified in the Consolidated Plan. The CAPER includes a summary and analysis of progress made on identified actions that state agencies have elected to undertake to affirmatively further fair housing and overcome impediments to fair housing.

The state will hold its first public hearing about the Action Plan on Tuesday, July 24, 2012, to gather citizen input on housing and community development needs and how federal funding should be allocated in the state.
A second public hearing on the Action Plan will be held on Tuesday, September 11, 2012. This second public hearing will be for review and comment on the draft Action Plan, which will be available for public review and comment beginning August 14, 2012. The draft Action Plan will be available on the Internet here and here and in state depositories identified in the Citizen Participation Plan, which may be viewed at the same internet locations.

More information is available here.

Submitted by Marit Anne Peterson, Esq.

Upcoming Events and CLE Programs

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.

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


Elder Law Section Activities


MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, August 21, 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, August 17, 2012 at 3:30 pm at 1900 Central Avenue NE, Suite 106, Minneapolis, MN 55418.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.


Go to the Section Website Header