National Academy of Elder Law Attorneys, Inc.
Ohio Chapter – Membership Meeting Minutes
January 15, 2016

Started:  12:02 p.m.

Participants: Brittany O’Diam Horseman, Jennifer Sitterley Baum, John Ball, Richard Taps, Joseph Motta, Jim Koewler, Richard Meyer, Holly Schultz for Ted Gudorf, Matthew Donald, Barry Zimmer, Maggie Sutton, Janet Pecquet

Minutes: 

The November 13, 2015 Minutes were approved, with the correction of Tabitha’s last name to Woodruff

Treasurer’s Report: Richard Meyer treasurer

  • Richard Meyer presented balances of accounts totaling: $24, 560.14
    • CD balance: $15,515.21
    • Operating Account: $9,044.93
    • No outstanding bills to be paid

Committee Reports:

  • Website/List-Serv: Jim Koewler ohionaelawebsite@protectingseniors.com – Emailed request for content
  • Advocacy: Dave Banas –not present
  • Membership: Ted Gudorf  – no updates, per Holly Schultz
  • Education: Ashley Burke – not present

New Business

  • Richard Meyer:
    • Social Security trust issues are being handled, the problem arose when the administrators did not use the right queries in the new software when questionnaires were sent, which resulted in automatic reviews.
    • This error should be corrected by the end of February.
    • Current appeals should be pushed past February and resubmitted.
    • Will send a blurb soon with the update

 

  • Janet Pecquet:
    • Wagoner – Annuity case did not meet numerosity requirement for class action, but Judge indicated there was an 11th amendment violation, so encouraged to resolve with AGs office, working on settlement
    • Koenig case – remanded, probably will dismiss, moot at this point since both died. Annuities paid out, no reason to continue.
    • Assisted Living case appealed, AG moved to stay, motion denied, court of appeals considering appeal, brief due February 1st. If you have a waiver case, if it did not go retroactive, cite Price case and let them know they are required to follow it.  Appeal in Medina County, not following Price Case, may have to file common pleas complaint and file contempt case. Price case: JFS has to give retroactive coverage of Medicaid back to eligibility, not from assessment date.

 

  • Discussed interest in hosting an Elder Law Boot Camp before the Unprogram in August.  Purpose is very basic introduction to nuts and bolts of elder law to lay better foundation for Unprogram. NAELA Nationals offer similar program. Goal to have in place for 2017.
    • Janet: Good idea, should be available for paralegals/assistants.
    • Holly for Gudorf: agree that it’s highly paralegal driven
    • Please email officers with ideas, interest, or offers to assist

 

  • Janet: Update on conversion from 209b to 1634 – Plan to implement this summer. Task force to meet with ODJFS to answer more questions.
    • Richard: who is on task force?  Janet will send email of list.

 

  • Can we revisit changing the rules to avoid needed an QIT?
    • Resource limit will go up to $2,000
    • Spend down eliminated, so income caps are now applied
    • Can rule be waived? Not at this time
    • Janet: Indiana may have changed plan to avoid, unsure
    • Those incompetent to sign a trust now need to go through probate
    • Any way to avoid this mess?  Alert media?  Can be effective
    • Trust mill issue?  Request for proposal, only 2 vendors submitted. Human Arc one of them.
    • Unauthorized practice of law? They don’t care at this time
    • Organize a subcommittee?  Volunteer to email listserve: Lindsey Jones
    • Will implementation be timely?  They have already started training at JFS

 

  • We are a sponsor of the Ohio Elder Law Institute, scheduled for Thursday, March 31 and Friday, April 1, 2016 , and hosting a dinner TBD on Thursday, March 31st after the first day.  Please feel free to RSVP for or express interest in the dinner to Jennifer H. Sitterley Baum at jhs@sitvanlaw.com or 740-653-0461.  Will provide 2 free drinks.

 

  • Richard Taps: ODJFS will issue 2 MEPLs regarding trust issues- will say if home titled in trust, will be exempt and not included in CSRA – effective date February 1, 2016. Have not been issued yet, but expected soon.  To clarify Atkinson issues. No intent to fix those applicants penalized before the effective date.

 

NEXT MEETING: 

  • Substantive Call on February 19, 2016 at Noon (topic will be ABLE Accounts – presented by Blaine)
  • Membership Meeting on May 6, 2016 at Noon

Meeting Adjourned: 12:44 p.m.

Respectfully Submitted,

Jennifer H. Sitterley Baum, Secretary

Link to PDF file:  Membership Meeting Minutes January 2016