E-Newsletter of December 23, 2013 | Vol. 6, No. 52
PRO BONO SPOTLIGHT
Join the New Lawyers Section on Thursday, January 9, 2014 from 4:15 PM to 5:15 PM for the CLE “Representing Low Income Clients in the Courts and at the Capitol.” The presenters are Luke Grundman, staff attorney at Mid-Minnesota Legal Aid, and Ron Eldwood, supervising attorney at the Legal Services Advocacy Project. The cost is $5.00 for MSBA members and FREE for members of the New Lawyers Section. Follow this link to register or for more information.
Attorneys can now log their pro bono hours provided in 2013! Follow this link to the North Star Lawyers Program webpage to report your hours online. Attorneys who provided 50 or more hours of pro bono legal services in 2013 will be recognized as North Star Lawyers by the MSBA.
Submitted by Adam Rohne
ADVOCACY IN ACTION
Minnesota’s Olmstead Plan
Olmstead v. L.C., 527 U.S. 581 (1999), was a groundbreaking Supreme Court decision in which two Georgia women with mental and development disabilities, living in the psychiatric unit of a hospital, fought for the right to receive treatment and services in a community setting. In the decision, the Supreme Court interpreted the integration mandate of the Americans with Disabilities Act to mean that persons receiving government-funded services related to their disabilities are entitled to receive those in the most integrated setting appropriate to their needs. In response to the case, many states created Olmstead Plans to address the manner in which they delivered services to persons with disabilities. As one example of the broad effects of the decision, many states have expanded their Medicaid waiver systems to help deliver health supports and services in more integrated settings.
Until the 2011 settlement agreement in Jensen v. Minnesota Department of Human Services, however, Minnesota did not have a formal plan. After Governor Dayton signed an executive order earlier this year creating an Olmstead Subcabinet comprised of various heads of state agencies, the Subcabinet developed and submitted to the Court on November 1st. Minnesota’s Olmstead Plan may have a variety of implications on elder-law issues, especially in the areas of health care services and supports (particularly HCBS waivers), housing, and transportation.
Visit the Minnesota Olmstead Plan website to view the entire Plan, search other related resources, and track the progress of the various goals set forth in the Plan.
Submitted by Sean Burke
State to cut Medicaid benefits for the elderly | Star Tribune
The Medicare coverage puzzle means homework | Star Tribune
Activity Staff Critical For Nursing Home Health | KAALtv.com
Budget deal avoids future shutdowns, entitlements |Brainerd Dispatch
Submitted by Joel Smith
There are no new cases to report this week.
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, February 18, 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, February 21 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