Elder & Special Needs Law Section: Chair’s Comments

By David W. Silver

We had a successful Elder & Special Needs Law Symposium in Pinehurst in February. Thank you to the CLE committee who put the program together (Kara Gansmann, Nicki Applefield Engel, and Nancy Mayer).  If you were not able to attend, the materials can be acquired through the NCBA CLE. I have already utilized the materials and planning techniques provided during Eric Barnes’ presentation about the new rules and gifting penalty related to the VA’s Aid and Attendance program.

The location for the symposium needs to be reserved a couple of years in advance, so change happens slowly.  While Pinehurst has been a good host for quite a few years, we will be holding the symposium in Charlotte next year and then return to Pinehurst in 2021. The goal of the location change next year is to see if we can make the program more accessible and more enjoyable to more of our members.  Our CLE committee would be very interested in feedback regarding your opinion about the location of the symposium going forward.

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New Year, New Estate Recovery Headaches

By Kathleen Rose Rodberg

By now most of you have heard about changes to North Carolina’s estate recovery program and may even have clients facing uncertainty in the wake of these changes.  This blog article will bring you up to speed on the developments so far and things to keep in mind while assisting with estate recovery cases.

Background

In 2017, North Carolina adopted an amendment to its State Medicaid Plan that changed waivers of estate recovery in certain cases, most notably when the recipient is survived by a spouse or disabled child, to a deferral.  State Plan Amendment 17-0005 was approved by the Center for Medicare & Medicaid Services on August 1, 2017.  Additional, but less substantive, edits were approved by State Plan Amendment 18-0002 approved on August 17, 2018.

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The Times They Are a-Changin’

By Kathleen Rodberg

Welcome to the first ever blog post on the NCBA’s Elder & Special Needs Law Section blog!  As many of you know, last year the council voted to move toward a blog format instead of a newsletter.  It is our hope that this will allow for the sharing of more current information relevant to an elder and special needs law practice.  If you want to contribute information or an article to the blog, please contact Kathleen Rodberg at krodberg@mwblawyers.com.

This post is to notify you of the following recent changes to our practice area:

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