April 17, 2025

New York City and Live Webcast, www.pli.edu

 AGENDA:

 Morning Session:         9:00 a.m. - 12:30 p.m.

 9:00

Opening Remarks

Douglas J. Chu

 9:15

New York Medicaid and Possible Changes at the National Level

This segment will cover current eligibility rules for seniors and will address the changes that will or may occur under the new Trump administration. After this session, participants will be better able to:

• Review basic eligibility rules currently in practice
• Understand the updates regarding the imposition of the new 30-month look-back for community services
• Recognize the impact of Medicaid eligibility and services if "block-grants" are imposed on the Medicaid program
• Consider national trends

Douglas J. Chu

 10:15

Networking Break

 10:25

SECURE Act: Recent Developments and Planning Opportunities

This session will review and address recent developments related to the SECURE Act. After completing this session, participants will be able to:

• Understand how SECURE 2.0 and the 2024 final regulations affect baby boomer generation (and older) clients during their lifetimes
• See how recent SECURE Act changes interact with Medicaid rules
• Use retirement benefit trusts to protect inherited IRAs from long-term care expenses
• Expand the class of beneficiaries and effectively roll-over distributions that grow tax-free during beneficiaries' lifetimes

Timothy C. O'Rourke

 11:25

Panel Swap

 11:30

Nursing Home Resident Rights: Laws and Regulations

This presentation will address nursing home regulations and residents' rights. After completing this session, participants will be able to:

• Focus on residents' rights: what advocates need to know
• Understand admissions agreements: identify illegal and concerning provisions
• Understand discharge from nursing home: voluntary and involuntary
• Identify continuing and emerging issues after the pandemic

Lindsay Heckler

 12:30

Lunch

Afternoon Session:       1:30 p.m. - 4:45 p.m.

 1:30

Personal Injury Lawsuits: Focus on Seniors in Nursing Homes

This presentation will address personal injury lawsuits involving seniors in nursing homes. After completing this session, participants will be able to:

• Understand an overview of the application of the New York State Public Health Law regarding personal injuries suffered by residents of nursing homes
• Review how to bring personal injury claims against nursing homes for injuries suffered by its residents
• Identify emerging issues in personal injury litigation involving nursing homes
• Focus on common challenges for litigants and best practices for overcoming them

John Dalli

 2:30

Networking Break

 2:40

The Geriatric Care Manager - The Expert Help You Need When You Can't Do It All On Your Own

This segment will define and explore using a Geriatric Care Manager in an elder law practice. Real life examples will be used to show the value of using a Geriatric Care Manager to assist older adults suffering with the challenges of aging and to lift some of the burden off the shoulders of families who are caring for an aging loved one. After this session, participants will be better able to:

• Understand what a Geriatric Care Manager is
• Assess why you would use a Geriatric Care Manger
• Identify how to find a Geriatric Care Manager
• Recognize legal issues surrounding using non-family assistance
• Focus on ways to pay for a Geriatric Care Manager

Douglas J. Chu, Christine Crowley, LCSW

 3:40

Panel Swap

 3:45

Ethics for the Elder Law Practitioner

This session will address common ethical issues that arise for elder law practitioners. After completing this session, participants will be able to:

• Identify sources and authorities of ethical guidance for attorney conduct
• Prepare for ethical issues that frequently arise in elder law practice
• Recognize the importance of identifying and documenting who is the client
• Understand best practices for avoiding or handling conflicts of interest and confidentiality considerations
• Understand issues that can arise when representing a client of diminished capacity

Allison J. Busch

 4:45

Adjourn

 Faculty:

 Chair: Doulgas J. Chu

Hynes & Chu, LLP

New York City and Mineola, NY

Allison J. Busch

Hartmann Doherty Rosa Berman & Bulbulia, LLP

Hackensack and Short Hills, NJ; New York City and Rockland County, NY

Christine Crowley, LCSW

Elder Care Management and Consulting

New York City

John Dalli

Dalli & Marino, LLP

Mineola, NY

Lindsay Heckler

Managing Attorney

Center for Elder Law & Justice

Buffalo, NY

Timothy C. O'Rourke

O'Rourke Seaman LLP

Syosset, NY

 Senior Pro Bono Program Attorney: Ilizabeth Hempstead