ALI-ABA Audio Seminar. Medicare Set Aside Trusts: Critical Issues Surrounding Personal Injury Awards December 3, 2008 Telephone Seminar/Audio Webcast

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1 ALI-ABA Audio Seminar Medicare Set Aside Trusts: Critical Issues Surrounding Personal Injury Awards December 3, 2008 Telephone Seminar/Audio Webcast PROGRAM SCHEDULE FACULTY PARTICIPANTS FACULTY BIOGRAPHIES STUDY MATERIALS TABLE OF CONTENTS 1. Recovering for Personal Injury: Successful End or Just the Beginning Medicare s Interest in a Personal Injury Settlement? PowerPoint Presentation By Bradley J. Frigon and Patricia F. Sitchler 2. Informed Consent Form By Bradley J. Frigon and Patricia F. Sitchler Page ix xi xiii 1 39 vii

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3 PROGRAM SCHEDULE for December 3, 2008 Program Schedule Eastern Central Mountain Pacific Alaska Hawaii National Teleseminar/Webcast 1:00 p.m. 12:00 p.m. 11:00 a.m. 10:00 a.m. 9:00 a.m. 8:00 a.m. Adjournment 2:00 p.m. 1:00 p.m. 12:00 p.m. 11:00 a.m. 10:00 a.m. 9:00 a.m. Scope and Purpose: A Medicare Set-Aside (MSA) is a fund set aside from the proceeds paid from the settlement of a Workers' Compensation or personal injury liability case. A portion of the settlement is set-aside to pay for future medical expenses related to the injury that would otherwise be paid by Medicare. Previously, MSA were only required in Workers Compensation Cases. New rules will require MSA for most personal injury liability cases where the plaintiff may receive Medicare benefits in the future. Topics include: Faculty Impact of government benefits (Medicaid, SSI, Medicare, SSDI) on a personal injury settlement. Medicare s separate claim in a personal injury liability case. When must a MSA be created in a personal injury settlement. Mandatory reporting to Medicare under the SCHIP Extension Act of Client and Attorney liability for not creating a MSA. Options for administering a MSA. Minimizing a MSA allocation from the settlement. Patricia F. Sitchler, CELA, Schoenbaum, Curphy & Scanlan, P.C., San Antonio, Texas Bradley J. Frigon, Law Offices of Bradley J. Frigon, Englewood, Colorado PROGRAM (All Times EDT) 1:00 p.m. Medicare Set Aside Trusts: Critical Issues Surrounding Personal Injury Awards panel discussion Questions and Answers 2:00 p.m. Adjournment ix

4 * Questions and Answers will be integrated into the program. Questions are welcome in advance of and during the seminar by to (Subject line: Faculty question). Total 60-minute hours of instruction: 1.0; Total 50-minute hours: 1.2 Suggested Prerequisite: Limited experience in legal practice in subject matter. Educational Objective: Development of proficiency in performance of intricate and complex legal tasks within a narrow area, provision of information on recent legal developments; maintenance of professional competence as a practitioner. Level of Instruction: Intermediate x

5 ALI-ABA Audio Seminar Medicare Set Aside Trusts: Critical Issues Surrounding Personal Injury Awards December 3, 2008 Telephone Seminar/Audio Webcast FACULTY Bradley J. Frigon Law Offices of Bradley J. Frigon 6500 S. Quebec Street Suite 330 Englewood, CO Patricia F. Sitchler Schoenbaum Curphy & Scanlan, P. C. 112 E. Pecan Street Suite 3000 San Antonio, TX xi

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7 ALI-ABA Telephone and Audio-Only Webcast Medicare Set Aside Trusts: Critical Issues Surrounding Personal Injury Awards Faculty Biographies Speakers Patricia F. Sitchler, CELA Schoenbaum, Curphy & Scanlan, P.C. San Antonio, Texas Born in San Antonio, Texas (1948), Patty is a SC&S shareholder and is certified as an Elder Law Attorney by the National Elder Law Foundation (as recognized by the Texas Board of Legal Specialization). She earned a B.A. in mathematics from Trinity University (1975) and a J.D. with high honors from St. Mary's University School of Law (1990). She served as an adjunct professor at St. Mary's University School of Law since 1998, and she is a frequent author and lecturer on elder law, estate planning, trust and estate administration issues, and legal ethics issues at programs, such as the San Antonio Estate Planner's Docket Call in Probate Court, the University of Texas Intermediate Estate Planning, Guardianship and Elder Law Course and State Bar of Texas Elder Law Seminars. She is a member of the San Antonio Bar Association, Texas Bar Association, American Bar Association, College of the State Bar of Texas and the National Academy of Elder Law Attorneys where she is Past President of the State Chapter. She is also a member of the Department of Human Services Long Term Care Services Advisory Council, Region 8 (Central Texas) and was a consultant and faculty member of the South, West & Panhandle Consortium Geriatric Education Centers Grant education project at the University of Texas Health Science Center at San Antonio She is consistently named in the The Best Lawyers in America in Elder Law. Patricia has been designated numerous times by Texas Monthly as a Texas Super Lawyer in Elder Law. Her practice includes Elder Law, Estate Planning and Administration and Litigation Support. Patty is co-author of Save My Home! Elder Law Trio Press, Houston, Patty is a Fellow of the American College of Trust and Estate Counsel. She is A-V rated by Martindale Hubbell. Her address is xiii

8 Bradley J. Frigon Law Offices of Bradley J. Frigon Englewood, Colorado Professional affiliations National Academy of Elder Law Attorneys Colorado Bar Association Arapahoe Bar Association Kansas Bar Association Special Needs Trust Alliance Areas of Practice Medicaid planning Estate planning Estate administration Trust administration Individual tax planning Drafting complex wills and trusts Preparation of fiduciary tax returns Preparation of gift tax returns Preparation of federal estate tax returns Preparation of corporate tax returns Probate Fiduciary compliance Generation skipping tax planning Entity formation including: -Family limited partnerships -Limited liability companies -S corporations -Partnerships Tax litigation Public benefit planning (Medicaid and Medicare) in personal injury and workers' compensation settlements Taxation of personal injury awards Special needs trusts Medicare Set-Aside Arrangements Education University of Denver, Denver, CO, Master of Law in Taxation (LLM), 1982 Washburn University School of Law, Topeka, KS, Juris Doctor (JD), 1981 University of Kansas, Lawrence, KS, Bachelor of Arts (BA), 1978 Certifications Certified Elder Law Attorney (CELA) by the National Elder Law Foundation Why Should Your Attorney be a Certified Elder Law Attorney xiv

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