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MassHealth Update 2017

Presenter: Matthew P. Albanese and 6 more

Seminar Date:

Seminar Location: Waltham, MA

Hilton Garden Inn
420 Totten Pond Road
Waltham, MA 02451
Phone: 781-890-0100

This seminar is closed or full.


Registration:                        8:00 - 8:30 am

Morning Session:                8:30 am - 12:25 pm

Lunch (On your own):         12:25 - 1:25 pm

Afternoon Session:             1:25 - 5:00 pm

Long-Term Care Basics
M. Albanese, P. Greenfield

   Options available in the continuum of care: independent living, assisted living, memory care, home care, skilled nursing facility care
   Who pays for what: Medicare, Medicaid and private insurance
   Basic rules of nursing home MassHealth eligibility

MassHealth Application Issues
R. Kutia

   Obtaining client information
   List of verifications
   File organization
   Issue spotting - scanning for unknown transfers or deposits, locating undisclosed assets
   Preparing application for filing - marking up verifications for MassHealth
   Responding to information requests

Advanced Issues in Qualifying for MassHealth
M. Albanese, P. Greenfield

   The “Spend Down:” annuities, pooled trusts, caregiver contracts and other creative strategies
   Protecting the primary residence: life estate deeds, joint deeds, caretaker child deeds and irrevocable trusts
   Allowable exceptions for disabled individuals
   When both spouses need care - how to spot and structure an increased resource allowance appeal
   Disqualifying transfers and how to deal with the lasting impacts

MassHealth for Adults Needing Long Term Care Services in a Community-Based Setting – Medical & Financial Eligibility
J. Hope

   MassHealth standard for adults: under 65 and 65-or-older
   MassHealth CommonHealth for adults: under 65 and 65-or-older
   Personal Care Attendant (PCA) program
   Adult Foster Care program (aka “Adult Family Care”)
   Social Security Supplemental Security Income-Group (SSI-G) and Group Adult Foster Care (GAFC) for assisted living
   Traumatic brain injury and acquired brain injury waivers
   Money follows the person waivers
   Program of All-inclusive Care for the Elderly (PACE)
   Frail Elder Waiver (FEW) program
   Role of local Aging Services Access Point (ASAP)
   Community Choices program
   Senior Care Options (SCO) program

Irrevocable Trust Provisions – What Works and What Does Not
P.K. Martin

   Overview of regulations regarding trusts
   Problematic provisions in trusts
   Review of recent decisions including Heyn and Daley/Nadeau
   New issues presented in Daley/Nadeau decision
   When to address issues in existing trusts
   Best practices going forward

Miscellaneous Issues in Estate Planning & Administration
J. Younger

   Capital gains issues
   Life estates - Skye v. Hession (Rumors & SJC Redux?)
   Grantor trusts and charities - Daley and Nadeau
   Too wealthy for irrevocable trust planning?
   Gifting and MassHealth
   Estate recovery - conditional waiver of recovery
   Closely-held business interests
   Massachusetts’ new (2017) notary public law?

Predicting the Unpredictable – Updates on State and Federal Proposals Which Could Impact MassHealth
W. Brisk

Credit Information:

Who Should Attend

  • Accountants/CPAs
  • Attorneys
  • Certified Financial Planners

Certified Public Accountants
     8.0 CPE Hours

     Non-Mandatory Massachusetts CLE
     7.0 Maine CLE Hours
     7.0 New Hampshire CLE Hours
     8.0 New York CLE Hours
     7.0 Vermont CLE Hours

Certified Financial Planners
     8.0 Continuing Ed. Hours

Continuing Education Credit Information

This seminar is open to the public and offers continuing education credit to attorneys, accountants and financial planners.

The Massachusetts Board of Public Accountancy accepts courses from providers that are members of NASBA’s National Registry of CPE Sponsors.

HalfMoon Education is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. This intermediate level course offers 8.0 CPE hours in the area of specialized knowledge. A basic understanding of Medicaid and Medicare is recommended, and no advanced preparation is necessary. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org. Sponsor No. 103015.

The Maine Overseers of the Bar has approved this course for 7.0 CLE hours for attorneys.

HalfMoon Education is certified by the New York State CLE Board as an Accredited Provider of CLE programs. This traditional format course offers 8.0 CLE hours, consisting of 8.0 Areas of Professional Practice hours suitable to new and experienced attorneys.

This course offers a CLE opportunity to New Hampshire attorneys. Courses are no longer subject to preapproval in New Hampshire. HalfMoon Education is an approved CLE provider for Vermont attorneys and this course offers 7.0 CLE hours.

HalfMoon Education Inc. is a CFP Board-registered continuing education sponsor. The Certified Financial Planner Board of Standards, Inc. has granted 8.0 hours of continuing education credit for the completion of this seminar.

Attendance will be monitored, and attendance certificates will be available after the seminar for most individuals who complete the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.


Matthew P. Albanese

Matthew P. Albanese is the founding attorney of Albanese Law, LLC in Milton and concentrates his practice in estate planning, elder law, mental health law and disability law. Mr. Albaneseobtained his undergraduate degree from Providence College, his J.D. degree from Suffolk University School of Law and his M.B.A. degree from Suffolk University’s Sawyer School of Management. He serves as a member of the Board of Directors of the Massachusetts Chapter of NAELA and is a member of the Plymouth County and Norfolk County bar associations.Mr. Albanese has written articles and frequently presents on estate planning. A staunch advocate for seniors, he led the effort to expand the senior work off tax program and has testified before the state legislature and executive agencies on matters affecting the quality of life for the aging and disabled population. He was appointed by the governor of the Commonwealth of Massachusetts to serve on the Massachusetts Elder Economic Security Commission.

William J. Brisk

William J. Brisk is a graduate of Brown University (AB), New York University School of Law (JD), and the Johns Hopkins School of Advanced International Studies (MA and PhD). He co-authored three decades ago Legal Planning for the Elderly in Massachusetts and Massachusetts Elderlaw from 2001 until 2014 and has published nearly two dozen articles on elder law topics in the NAELA Journal, NAELA News, Massachusetts Law Review, and Estate Planning. Mr. Brisk served as president of the Massachusetts Chapter of NAELA and served two terms on the Board of Directors. He has lectured on elder law at Boston College and Penn State Law School, and he has taught Elder Law and End of Life as adjunct law professor at Suffolk Law School. For 14 years he prepared material and was a major presenter at this annual event. In December of 2017, he joined Lannik Law as Of Counsel.

Pamela B. Greenfield

Pamela B. Greenfield founded Greenfield Planning Group, LLC, in July 2018. Previously, she headed the elder law department at Samuel, Sayward and Baler, LLC, where she continues to see clients and serve as of counsel to the firm. Attorney Greenfield focuses her practice in elder law, asset protection planning and complex MassHealth applications and appeals. She also represents families and skilled nursing facilities in guardianship and conservatorship matters as well as probate and estate administration. Attorney Greenfield is also an estate planning attorney. She received her law degree from New England School of Law and her J.B.A. from the University of Wisconsin-Madison. Attorney Greenfield is a member of the Massachusetts Chapter of NAELA and serves on the Board of Directors and as the chair of the Publications Committee.

John R. Hope

John R. Hope founded Hope Elder Law in 2003 in Watertown, to assist elders and/or special needs/disabled clients with accessing public benefits while preserving assets, estate planning, special needs planning and advocacy, and guardianship and conservatorship of adults. He received his Juris Doctor degree with honors from Boston College Law School and his undergraduate B.S. degree in Business Management with a concentration in Applied Math from Rensselaer (RPI).He has been an active participant in the Massachusetts Chapter of the National Academy of Elder Law Attorneys since 2003. Attorney Hope enjoys having a positive impact on people’s lives through his work as an elder law attorney.

Richard Kutia

Richard Kutia is an associate with Pabian & Russell, LLC, concentrating in the areas of elder law and estate planning. He earned his Juris Doctor degree from New England School of Law and a Bachelor of Arts degree in Political Science from the University of Connecticut. Prior to joining Pabian & Russell, Mr. Kutia worked as a law clerk with the Suffolk County District Attorney’s Office where he made numerous appearances before the court under Massachusetts Supreme Judicial Court Rule 3:03.

Patricia Keane Martin

Patricia Keane Martin is a partner at Pabian & Russell, LLC concentrating her practice in the areas of estate planning, elder law, disability benefits planning, probate and trust administration. She has extensive experience with all aspects of probate litigation involving will contests, estate administration disputes, trust and fiduciary disputes, and contested guardianships and conservatorships. Ms. Keane Martin regularly serves as trustee of special needs trusts and as a court-appointed guardian ad litem and lectures on special needs planning, elder law, and probate controversies. She has been a frequent lecturer for Massachusetts Continuing Legal Education where she presents at MassHealth Process from Application to Approval and has chaired the new program entitled Use of Guardianships and Conservatorships for Individuals with Fluctuating Capacity. She is an active member of NAELA, serving as co-chair of the public policy and litigation review committees. Ms. Keane Martin is a graduate of William Smith College and Suffolk Law School. Prior to entering law school, she was an Economics and United States Government instructor at the Ethel Walker School and a research assistant on several archaeological digs in Ecuador and Egypt.

Joblin C. Younger

Joblin C. Younger is founding partner of the Law Office of Joblin C. Younger, P.C. in Beverly, where he concentrates his practice in the areas of taxation, trusts, estate planning and administration, and probate litigation. He received his LL.M. degree in Taxation from the Boston University School of Law, his J.D. degree from Suffolk University Law School, and his B.A. degree from The City College of New York. Mr. Younger is admitted to practice in Massachusetts and New York, and serves as a Public Administrator of Suffolk County.

Tuition Costs:

Standard Tuition: $299.00
Online Tuition (pre-registration): $299.00
Group Prices
3 or more People: $279.00

Each registration includes one copy of a manual prepared by the seminar speakers.