Our Story Together, we are a united force against all cancers. Whether it s advocating for lifesaving change, honoring a loved one, funding groundbrea

Transcription

1 M edicaid Estate Recovery How to Protect Your Program and Assets WEBINAR PRESENTED BY: THE AMERICAN CANCER SOCIETY AND SOCIETY OF FINANCIAL SERVICE PROFESSIONALS OCTOBER 11, 2016

2 Our Story Together, we are a united force against all cancers. Whether it s advocating for lifesaving change, honoring a loved one, funding groundbreaking research, motivating communities to donate, d elivering vital patient services, or listening to someone s journey. Every action moves us one step closer toward achieving a world free from the pain and suffering from cancer. F or more information visit cancer.org / o urstory, or to join our P rofessional Advisor Network visit cancer.org / n pan. National

3 Disclaimers The information and/or the materials provided as part of this program are intended and provided solely for informational and educational purposes. None of the information and/or materials provided as part of this power point or ancillary m aterials are i ntended t o be, nor should they be construed to b e, the basis of any investment, legal, tax or other professional advice. Under no circumstances should the audio, power point or other materials be considered to be, or used as independent legal, tax, investment or other professional advice. The discussions are general in nature and not person specific. Laws vary by state and are subject to constant change. Economic developments could dramatically alter the illustrations or recommendations offered in the program or materials. This presentation is not intended to be an opinion and does not contain a full description of all facts or a complete exposition and analysis of all the relevant tax authorities. Information in this presentation was not intended or prepared to be used, and it cannot be used or relied upon by any party for the purposes of ( i ) avoiding any penalties that may be imposed on any taxpayer by any governmental authority or agency; (ii) promoting, marketing or recommending to any party any transaction or matter addressed herein; or (iii) making any investment decision.

4 American Cancer Society and Society of Financial Service Professionals Webinar Series October 11, 2016 Medicaid Estate Recovery A. By JD, LLM, CELA*, Booth Harrington & Johns of NC PLLC m Frank Johns, CAP * Certified Elder Law Attorney by the National Elder Law Foundation

5 Introduction Historical beginning of Medicaid When lien recovery becomes mandatory Overview of what Medicaid liens states are doing to enforce Recommendations for is left after loved ones families pass to protect what 5

6 Federal Medicaid Lien Recovery When it all began Current state participation in Medicaid 6

7 Constitutionality and Preemption Constitutionality Federal preemption over state laws conflicting Review of precedent case law 7

8 State Medicaid Laws Federal in Compliance with Law Minimum requirement Recovery of what and when Broader requirements recovery of Medicaid lien 8

9 Specific Application of State Recovery Process When state law limits probate estate recovery to the When state law expands recovery b eyond the probate estate Defending against collection cases filed by the state to enforce the Medicaid lien 9

10 Counselling Clients in the Development Asset Protection Plans of U nderstanding the state Medicaid rules and guidelines in which the client resides F ollow through with clients Use simple basic non- lawyer terms Review by counsel made to Medicaid before any payment is 10

11 Conclusion States aggressively pursuing and enforcement lien recovery Third-party recovery collection agencies History of Medicaid and current enforcement of Medicaid liens overview of What financial advisors and other professionals recommend to protect left when loved ones pass what is 11

12 m Toll Free

13 Medicaid Estate Recovery Program and How to Protect Your Assets WEBINAR PRESENTED BY: THE AMERICAN CANCER SOCIETY AND SOCIETY OF FINANCIAL SERVICE PROFESSIONALS OCTOBER 11, 2016 NOON EASTERN Thanks for being with us today!