Greetings!


 

The holiday season is right around the corner and so is the January 2012 implementation date for insurance companies to report liability settlements to CMS.  Scared? Don't be - register for the November 2, 2011 Florida Bar approved CLE that provides up to the minute news, case law, and  CMS Memorandum on Medicaid liens and liability Medicare set-aside arrangements.

 

Read the seminar reviews below 

  

We are your one stop shop for cutting edge elder law services. 

Warmest regards,
Stephanie L. Schneider, CELA  
Stephanie L. Schneider, PA


Read The September 2011 Issue- Sign up for our Fall CLEs
CMS Memo: Implementing Exception to Liabiity Medicare Set-Aside Arrangements
CLE-7.5 Credits- Register Today
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Stephanie L. Schneider, PA Newsletter
Elder Law News Lawyers Can Use
October  2011



CMS Releases  New Memorandum Providing Guidance on Exception to Liability Medicare Set Aside

 

On September 30, 2011, CMS issued a new memorandum concerning liability Medicare set-aside arrangements. The memorandum states that Medicare's interests will have been considered in a liability insurance settlements and awards if the treating physician for the plaintiff opines in writing that:

1) the plaintiff has completed treatment by the date of the settlement:
2) future medical services or items will no longer be required.
If these conditions are satisfied then CMS considers its interests as to future medicals satisfied as to that particular settlement. The physician's certification does not need to be submitted to CMS. Moreover, CMS will not provide confirmation that its interests have been satisfied.

If you would like a copy of this memorandum as well as the second September 30, 2011 CMS memorandum concerning the implementation dates for reporting, contact our office.


 "Proper Planning May Create Peace of Mind"
We are your and your clients' partner in the aging process.  Let us help you and your clients navigate the elder law maze!


CLE: Learn Everything You Need to Know about Medicaid liens & Medicare Set-aside Arrangements but Were Afraid to Ask (click

Fall CLE Schedule on right)
 

Are you ready for mandatory Medicare Secondary Payer reporting for liability insurance? You should be if you want to avoid malpractice

 

The Reviews Are In:
 
"This is very important to know" - 6 Florida Registered Paralegals, Lytal, Reiter, Smith, Ivey & Fronrath

 

"Excellent seminar, very informative", H. Montero, Esquire - Member, Million Dollar Advocates Forum


"...would be beneficial on a state-wide level", C. Fischer, Esquire - ABOTA (Broward) Board Member

 

"Its not about the credits, its about the content", J. Ginsberg, Esquire

 

CMS Require Reporting - this CLE Shows You How
Join us November 2, 2011 at the Riviera County Club, Coral Gables
 

RSVP Today: 954-382-1997 - net proceeds donated to Legal Aid Service of Broward County.

CLE Flyer- Nov. 2nd Coral Gables

 

 

 

sls photoWelcome to Our Success Corner
 

Imagine you have litigated a nursing home negligence case for years and you finally have received a reasonable offer to settle.  As you present the news to your client he says "do I have to pay back the Medicaid lien? If I do there won't be much left for me and I won't settle."  You quickly look at Florida Statute 409.9101 to see if you can negotiate the lien.  You don't find what you are looking for so you call our office.

 

There are several exceptions to recovery of the Medicaid estate recovery lien.  The lien cannot be enforced or collected if:

 

1. Plaintiff/Medicaid recipient is under age 55+ at time of death;

2. Plaintiff/Medicaid recipient owns a homestead;

3. Plaintiff/Medicaid recipient is survived by a spouse, disabled child or  disabled adult child.

 

There is also a waiver provision under the statute.  If a child or sibling of the plaintiff served as a caregiver for 1 year which helped delay entry into a residential facility the lien is completely waived under the hardship provision.

 

Consult us and we'll review the facts of the case to determine whether the Medicaid estate recovery lien can be waived

 

This is just one of many rewarding reasons why we do what we do!  Support your clients by encouraging them to consult with our firm to advocate on their behalf and put their legal affairs in order. 

Call us to host Advanced Level CLEs
  "Preserving the Personal Injury Settlement for the Aged and Disabled Client"
 
"Medicare Set Arrangements - they're not just for Worker's Compensation Cases anymore"
at your office.
Earn 1 CLE credits or 1 Trial Law certification credits and .25 ethics credit for each program. 
Phone:  954-382-1997 or Click "Schedule a Presentation" on our website at
www.fl-elderlaw.com 
Representative Special Needs Trusts, Asset Protection Planning and Guardianship Clients
 

Guardianship & Trust Professionals
 
Michael Carris, VP, Senior Trust Advisor
Regions Morgan Keegan Trust
Ft. Lauderdale
954-769-5830 

 

Barry Givner, Sr. V.P, Wealth Mgt. Specialist
Coconut Grove Bank
2701 S. Bayshore Dr.
Miami
305-860-2756
 
Jean Smith, V. P.  Trust Advisor
Sun Trust Bank, N.A.
Fort Lauderdale
954-765-7231

 

Lori Shuman-Auspitz,
Registered Professional Guardian Weston, FL
954-349-2134

 

Attorneys
 
Earl Denney; Bill King; Jack Hill
Searcy Denney, et al
West Palm Beach
561-686-6300

 

Ervin Gonzalez; Patrick Montoya
Colson, Hicks, Eidson
Coral Gables
305-476-7400

 

Nancy LaVista
Clark Fountain La Vista Prather keen & Kittky-Rubi
West Palm Beach
561-961-2300

Gloretta Hall; Linnes Finney
Gary, Williams, et al
Stuart
800-329-4279

 

Mark Sylvester
Leesfield & Parners
Miami
305-854-4900

 

Mitchell Panter
Panter, Panter & Sampedro
Miami
305-662-6178

 

Daniel Larson
Vaka Larson Johnson
Tampa
813-228-6688

 

Lon Worth Crow
Sebring
863-382-2374

 

Don Hinkle
Hinkle & Foran
Tallahassee
850-205-2055
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ave $25.00.
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Fall CLEs   
Click here to obtain our Fall CLE Schedule
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 (Net proceeds donated to Legal Aid Service of Broward County)
Earn 7.5 CLE & 3 Ethics Credits
All progams are
8:30am-4:45pm
lunch included
West Palm Beach
Monday, 9/26/11
 Palm Beach County Bar Office
Introductoin: Eric Romano
Fort Lauderdale
Tuesday, 10/11
450 E. Las Olas, Community Room
Introduction: Steven Jaffe

Coral Gables 

Wednesday, 11/2/11 

Riviera Country Club
Introduction: Art Garcia, Jr.

 

 This is an interactive, cutting edge advanced level CLE to help you identify and resolve issues that arise in a personal injury, wrongful death or medical malpractice case.  Course materials address the Medicaid third party lien, guardianship, special needs trust, liability Medicare set-aside arrangements.  Presented by Stephanie L. Schneider, CELA, Stephanie L. Schneider PA & Ann Koerner, RN, National Care Advisors.  Lunchtime Guest Speakers: Structured Settlement Specialist & Trust Officers on 'Trusts & Structures: Can They Co-Exist?'.

 

Credits available for Florida Registered Paralegals and Certified Legal Assistants through the National Association of Legal Assistants. Judicial Credits have been approved.

 

Thank you for visting us at the Florida Justice Association Annual Conference.

Please call us if we can assist you with cases to co-create solutions that bring your clients peace of mind.

PRACTICE AREAS
  Estate & Incapacity
  Planning

♦ Probate & Trust   
   Administration

 

♦ Last Will & Testament

♦ Revocable Trust

♦ Durable Power of Attorney

♦ Designation of Healthcare 
  Surrogate

♦ Quit Claim Deed

♦ Living Will

  Advocacy Services
 
♦ Guardianships (adults &
  minors)/Guadian Advocacy

♦ Long Term Care Facility
   Residents' Rights

♦ Medicaid Applications &
   Appeals

♦ Veterans Benfits Planning

Government Assistance

 

♦ Special Needs Trusts

♦ Representation of Trustees

♦ Protecting Lawsuit
  Proceeds & Inheritances
  while Preserving Medicaid &
  SSI Eligibilty

♦ Exceptions to Medicaid
   Lien Recovery

 

♦ Reduction of Third
   Party Medicaid Liens
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FIRM NEWS
Stephanie Schneider, CELA
Stephanie L. Schneider has been selected as a
Top Lawyer in Elder Law in the 2011
 South Florida Legal Guide
and Florida SuperLawyers 2011
 Stephanie is accredited by the Veterans Administration
to counsel clients about veterans benefits planning.

Fall Speaking Events:

Classic Residence, Plantation

Nova Life Long Learning Institute, Davie

Long-Term Care insurance Symposium, Fort Lauderdale
 

 

Senior Health Fair at the Pride Center, Fort Lauderdale

 

Palm Beach Bar Association