E-Newsletter of December 10, 2013 | Vol. 6, No. 50
ADVOCACY IN ACTION
Medicare Coverage of Nursing Home Charges (From THE Center for Medicare Advocacy email dated 12/9/13):
“The Center for Medicare Advocacy is pleased to announce that the Medicare Policy Manuals have been revised pursuant to the Jimmo vs. Sebelius Settlement. The Jimmo case ended a longstanding practice denying Medicare coverage to people who had “plateaued,” or were “chronic,” or “stable,” or “not likely to improve.” The Manual revisions, which clarify that improvement is not required to obtain Medicare coverage, were published by the Centers for Medicare & Medicaid Services (CMS) on Friday December 6, 2013.
As CMS states in the Transmittal announcing the Jimmo Manual revisions:
No “Improvement Standard” is to be applied in determining Medicare coverage for maintenance claims that require skilled care. ….Thus, such coverage depends not on the beneficiary’s restoration potential, but on whether skilled care is required, along with the underlying reasonableness and necessity of the services themselves. The manual revisions now being issued will serve to reflect and articulate this basic principle more clearly. [Emphasis in original.]
Per the Jimmo Settlement, CMS will now implement an Education Campaign to ensure that Medicare determinations for SNF, Home Health, and Outpatient Therapy turn on the need for skilled care – not on the ability of an individual to improve.”
The new regulations can be found here.
Submitted by David Rephan
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Submitted by Joel Smith
The following published opinion was released by the Minnesota Court of Appeals on December 2, 2013:
General Mills Federal Credit Union, Plaintiff, vs. Jesse L Lofgren, Appellant, Colin B. Callahan, Respondent.
When the custodian of an individual retirement account (IRA) brings an interpleader action allowing the district court to determine a controversy between parties who each claim to be the rightful beneficiary of the IRA, the district court, acting in equity, may determine that the named beneficiary is not the rightful beneficiary if the evidence establishes that the IRA owner has substantially complied with the IRA custodian's procedures for changing the IRA beneficiary or has done all that the owner reasonably believed was required by the custodian to change the IRA beneficiary.
Reversed and remanded.
The opinion is available here.
The following unpublished opinion was released by the Minnesota Court of Appeals on December 2, 2013:
In re the Estate of: Mary Catherine Giebel, Deceased
In this probate matter, appellant argues that the district court erred by removing him as personal representative and by denying his contempt and discovery motions. We affirm.
The opinion is available at here.
Unpublished opinions may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2012).
Submitted by Andrea Palumbo
There are no statutes, regulations, or bulletins to report.
There are no upcoming events or CLE programs to report.
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 January 16, 2014, and April 17, 2014. Please call Ken LaBore at 612-743-9048 or email him at KLaBore@MNnursinghomeneglect.com.
NEW LAWYERS COMMITTEE: Meetings will be held the second Thursday of every other month starting November 14, 2013 at noon. The new lawyers committee has set meeting topics for the coming year. The meetings are formatted so that a seasoned elder law attorney will speak for the first half hour, and the second half hour would be questions and answers.
The meeting topics have been set in the following order:
1. Building a Practice including marketing, networking, forms and software, office relationships. Meeting date 1/9/14
2. General Practice Tips including the initial client interview. Meeting date 3/13/14
3. Billing including software, forms, retainer agreement fee, how to collect payment. Meeting date 5/8/14
4. Probate including general overview, basic steps and forms. Meeting date 7/10/14
5. Guardianship/Conservatorship including general overview, basic steps and forms. Meeting date 9/11/14
6. Veteran's Affairs benefits. Meeting date 11/13/14
Meetings will be held at Chestnut Cambronne PA 17 Washington Ave N #300, Minneapolis, MN, 55401. Please contact Pook Grathwol at firstname.lastname@example.org or (612) 336-2919 or Jeanine Johnson at email@example.com (612) 630-3254.
MA COMMITTEE MEETING: The next MA Committee meeting will be at 3:30 p.m. on Tuesday, December 17, 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 firstname.lastname@example.org 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 that faces directly into the meeting room.
GOVERNING COUNCIL: The next meeting of the Elder Law Section Governing Council will be on Friday, December 20 at 3:30 pm. 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 that faces directly into the meeting room. For further information, please contact David Rephan, Chair, at: email@example.com.
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