Category: Elder Care and Special Needs Law
MSBA Elder Law Section Virtual Panel Coming Soon!
March 17, 2025 | Kate Frederickson
Elder Law is a broad practice area with numerous pathways to practice. The MSBA Elder Law Section is hosting a virtual panel on Wednesday, March 19, 2025, open to law students, new lawyers, and practicing attorneys who are interested in an elder law practice. We will have attorneys from different stages in their careers who handle various aspects of elder law who will share their journey into the practice. The panelists will share insight on things they wish they knew at the onset of their career in elder law and how they have developed their practice. The panel will offer excellent insights into the practice of elder law in Minnesota for those considering going into elder law. Presenters:Kate R. Fredrickson, Attorney, Barna, Guzy & SteffenBen Kaufman, Staff Attorney, Southern Minnesota Regional Legal ServicesElizabeth I. Wrobel, Attorney, Wrobel & Smith, PLLPJulian J. Zweber, Attorney at Law, Saint Paul, Minnesota This event is free to Law Students and New Admittee’s to the Bar. You can register here:https://mnbars.org/?pg=events&evAction=showDetail&eid=299336&evSubAction=listAll&utm_campaign=2024-12-new-lawyers-newsletter&utm_source=membercentralpublications&utm_medium=email&utm_content=march-2025
Read MoreMA-EPD Law Updates Expand Eligibility for Coverage
December 17, 2024 | Cathryn Reher
We are nearing one year since the Minnesota Department of Human Services expanded those persons with disabilities who may qualify for Medical Assistance for Employed Persons with Disabilities (MA-EPD). Persons with disabilities participating in MA-EPD must have an earned monthly income of $65.01 or more. This program provides for not only state plan health coverage but also waivered services through CADI, CAC, BI, and DD waivers. The 2024 law change removed any asset limit to qualify. For self-employed persons, there was a mid-year law change that self-employment tax filings suffice as proof of appropriate tax withholdings. The most amazing aspect of the 2024 law changes is that MA-EPD became available to persons residing in skilled nursing facilities (nursing homes) as well as community-based settings. Our firm has successfully converted several clients from community-based MA-EPD to MA-EPD while residing in a skilled nursing facility. As an example, a long-term CADI client needed more care and entered a nursing home. His MA-EPD premium was $68. We assisted with his conversion to a nursing home on MA-EPD, where his monthly obligation remained $68. The client was not required to pay the alternative long-term care income spenddown, which would have been approximately $1,526. The reserved income is being used to pay for a private room as well!…
Read MoreChanges Are Coming to Medicare Part D
November 14, 2024 | Cathryn Reher
The Good and Bad of These Changes First, the good news: the Inflation Reduction Act (IRA) will cap the out-of-pocket maximum at $2,000 for all Medicare Part D plans starting January 1, 2025. Medicare Part D plans provide coverage to enrollees for prescription drugs. This will enable Medicare Part D enrollees to better budget if they have had historically high out-of-pocket prescription drug costs. The difficulty of the law change will be the impact for those who are Medicare-eligible but are enrolled through an employer or other health insurance plans. These plans are required to provide health insurance coverage that is just as good or better than Medicare standards. A plan that is as good or better than Medicare standards represents “creditable alternative coverage.” If a plan is not creditable, individuals run the risk of accruing a Late Enrollment Penalty (LEP) for each month they are not enrolled in a plan providing creditable coverage. The specific concern with the Part D law change is that prescription drug coverage under alternative insurance plans may not be as good as the new Medicare Part D coverage and therefore may not meet the creditable alternative coverage requirement. This would then require individuals to drop their employer or other health insurance plans, which are generally more cost-effective than Medicare health insurance plans. The…
Read More