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Medicaid Update: Major Changes to Community Medicaid in New York State

(71 reviews)

Produced on August 04, 2020

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Course Information

Time 54m
Difficulty Intermediate
Topics covered in this course: Elder

Course Description

The 2020-2021 budget passed by the New York State legislature instituted major changes to the community Medicaid program, which covers the cost of long-term care at home. Effective October 1, 2020, the most significant amendment is that community Medicaid applicants will be subject to a look-back period of up to 30-months, and a transfer penalty for uncompensated transfers made during the look-back. In addition, a bill is currently pending in the New York State legislature to, inter alia, clarify the implementation of the look-back period for community Medicaid.

Lissett Ferreira, Esq. will discuss the legal landscape of the introduction and implementation of a look-back period/transfer penalty for community Medicaid, and its effect on elder law practice.



Learning Objectives:

  1. Examine the status of the law on community Medicaid and the impact of a look-back period/transfer penalty
  2. Identify open issues/questions regarding how the look-back period/transfer penalty will be applied and implemented in the context of community Medicaid
  3. Recognize how these significant changes are anticipated to affect elder law practice, in the short-term and long-term 


Credit Information

After completing this course, Lawline will report your attendance information to {{ accredMasterState.state.name }}. Please ensure your license number is filled out in your profile to ensure timely reporting. For more information, see our {{ accredMasterState.state.name }} CLE Requirements page . After completing this course, {{ accredMasterState.state.name }} attorneys self-report their attendance and CLE compliance. For more information on how to report your CLE courses, see our {{ accredMasterState.state.name }} CLE Requirements FAQ .

Faculty

Lissett Ferreira

Meenan & Associates, LLC

Lissett serves as the chair of the firm’s Elder Law and Family Law & Divorce practice groups, with a particular emphasis on guardianship, Medicaid, divorce, and prenuptial/marital agreements.

Prior to entering private practice, Ms. Ferreira served for nearly a decade as a senior court attorney for a New York State Supreme Court judge, first in a matrimonial part, and thereafter in an Article 81 guardianship part.  In that capacity, she was involved in hundreds of matrimonial and guardianship matters, developing unparalleled insight and breadth of knowledge in these highly specialized areas of the law.

Lissett serves as the chair of the firm’s Elder Law & Special Needs and Family & Divorce Law practice groups, with a focus on guardianships, Medicaid, divorce, and prenuptial/marital agreements.

Prior to entering private practice, Lissett served for nearly a decade as a senior court attorney for a New York State Supreme Court judge, first in a matrimonial part, and thereafter in an Article 81 guardianship part.  In that capacity, she was involved in hundreds of matrimonial and guardianship matters, developing unparalleled insight and breadth of knowledge in these highly specialized areas of the law.

In private practice, Lissett continues to focus on guardianship-related matters and litigation, including representing petitioners filing Article 81 guardianship proceedings, and assisting clients with Medicaid and Medicaid planning.  Lissett is certified under Part 36 of the Rules of the Chief Judge to serve as court evaluator, counsel to guardian, guardian ad litem, and counsel to an Alleged Incapacitated Person.  She also serves as a trustee of several special needs trusts.

Lissett also assists clients with developing and implementing proper estate and special needs planning, helping clients with wills, powers of attorney, health care proxies, living wills, guardianship designations and all manners of trusts.

Having had an inside view of hundreds of highly contested divorce cases in court, Lissett is committed to helping her family and matrimonial law clients fairly resolve their differences in the first instance without having to go to court. Lissett’s matrimonial and family law practice focuses on advising and assisting individuals negotiating marital agreements, including pre-nuptial, post-nuptial, separation and divorce settlement agreements. For those cases where court is unavoidable, Lissett brings her unique perspective and experience as a former court attorney in a matrimonial part. Whether in or out of court, Lissett is a fierce advocate for the rights of her family and matrimonial law clients.

Lissett lectures widely on matrimonial, elder law and special needs issues for bar associations, Continuing Legal Education providers and the community at large. She also serves in leadership positions in various bar associations.  For example, Lissett has lectured on guardianships for the  New York Women’s Bar Association, where she serves on the Board and as co-chair of the Elder Law & Disabilities Committee; the New York State Bar Association; and the New York City Bar Association, where she also chairs a Lawyers’ Networking Group.




Reviews

DO
David O.

Excellent and timely

EK
Edward K.

Excellent course. I wish the original chats and discussion threads when the class was presented live would have been included also.

PH
Patricia H.

Tricky topic but speaker is very knowledgeable

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