A Quick Primer on Medicaid Estate Recovery in Virginia

MCLE Credits: 1.0
Ethics Credits Included: 0.0

Thursday, October 28, 11:00 a.m. - 12:00 p.m. ET
  • Live Webcast
  • Live Telephone
Learn more about Virginia CLE webcast format
Learn more about Virginia CLE telephone format
Thursday, November 18, 3:00 p.m. - 4:00 p.m. ET
  • Webcast with Live Q&A
  • Telephone with Live Q&A
MCLE Credit: 1.0 (Ethics: 0.0)
Live-Interactive Credit: 1.0 (all dates, all formats) Live Interactive MCLE Credit Symbol
Designation Credit: 1.0 Trusts and Estates Practice (Designations Information)
Registration Fee: $89

Information

Why Attend?

The cost of long-term care for seniors increasingly is being paid by public benefits. These elders have undertaken sophisticated financial and long-term care planning. When these individuals die, they may have assets while at the same time be eligible for Medicaid. How do you address the personal representative’s or intestate heir’s potential liability when Medicaid “comes knocking at the door”?

  • Understand the importance of the proper administration of a decedent’s estate by a personal representative, especially when the Commonwealth may be a creditor
  • The personal representative can have personal, and often unlimited, liability if he or she does not administer the estate appropriately—discover ways to protect the fiduciary
  • Review what Medicaid defines as the “decedent’s estate”
  • If there is no personal representative, an intestate heir may have liability—explore ways to protect the heir
  • Learn about the exceptions to estate recovery or methods to minimize recovery

Created in 1965, Medicaid is a system funded and administered through a state and federal partnership. It pays the medical costs, including long-term nursing home care and community-based nursing care, for individuals who are deemed to be financially and medically needy. States have broad discretion with the administration of the program, and the eligibility and benefit rules vary significantly. Medicaid recipients must have limited income and resources. Through various means, however, recipients occasionally die with financial resources or assets. It can occur because of an inheritance, personal injury settlement or award, ownership of the recipient’s residence, or another unplanned economic windfall.

In 1993, the federal government mandated that states establish individual plans to recover Medicaid payments from recipients after they die for nursing facility services and home and community-based services and prescription drug services, or, at the option of the state, any items or services under the state plan. States have various levels of estate recovery programs in place. Recently, Virginia has stepped up its collection efforts.

This program will discuss appropriate ways to represent heirs and fiduciaries to respond to the Commonwealth’s collection efforts.

 

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Follow link to learn about coupons for lawyers in First Year in Virginia practice Follow link to learn about coupons for lawyers in First Year in Virginia practice Follow link to learn about Government Employee discount Follow link to learn about Legal Aid discount

Registration Deadlines:
Webcast: 10 minutes prior to seminar. If you register for a webcast the day of the seminar, your e-mail receipt will include a link to launch the seminar and download the materials.
Telephone: Online registration ends at 11:59 p.m. the day preceding the seminar
Call (800) 979-8253 to register up to one hour prior to the seminar

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $40 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE.

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.


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Schedule

COURSE SCHEDULE (October 28) (Eastern Time)

11:00 A Quick Primer on Medicaid Estate Recovery in Virginia
12:00 Adjourn
  • Q&A will be handled via chat room for Webcast attendees.
  • Q&A will be handled via e-mail for telephone seminar attendees.

COURSE SCHEDULE (November 18) (Eastern Time)

3:00 A Quick Primer on Medicaid Estate Recovery in Virginia
4:00 Adjourn
  • Q&A will be handled via chat room for Webcast attendees.
  • Q&A will be handled via e-mail for telephone seminar attendees.

Faculty

ABOUT THE SPEAKER

Matthew C. Sunderlin, Clark & Bradshaw, PC / Harrisonburg

Matthew C. Sunderlin is a Partner of Clark & Bradshaw, PC, a full service law firm founded in 1948 and located in Harrisonburg with seven attorneys and a certified public accountant. Since 1998, he has represented the elderly, the disabled, their families, and advocates in the area of Elder Law.

Mr. Sunderlin’s education includes a baccalaureate degree from Hampden-Sydney College and a juris doctor from Regent University School of Law. Since 2003, he has been certified as an Elder Law Attorney by the National Elder Law Foundation. He has been certified as a Guardian ad litem for adults by the Virginia Supreme Court since 2003.

Mr. Sunderlin was listed in the 2008-2009 and 2012 through 2021 Virginia Super Lawyers® magazine in the area of Elder Law. In 2020, he was listed as “Legal Elite” in Elder Law by Virginia Business magazine. He is a past lecturer and author in the area of Elder Law for Virginia CLE® and a past instructor in Elder Law with the James Madison University Life Long Learning Institute.

Locations, Dates and Fees

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