Medicaid Lookback & Asset Transfers: A Legal Primer


This presentation will focus on Medicaid rules pertaining to ineligibility periods caused by the transfer of assets, what the exceptions to the general rule are, and how to avoid the imposition of transfer penalties.

Key topics to be discussed:

•   The Lookback Rule
•   Exceptions to General Transfer Rules
•   Transferring Real Property
•   Use of Annuities and Promissory Notes

Date / Time: January 18, 2018

• 2:00 pm – 4:00 pm Eastern
• 1:00 pm – 3:00 pm Central
• 12:00 pm – 2:00 pm Mountain
• 11:00 am – 1:00 pm Pacific

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Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
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Brian G. Quinn, Esq. was born in the St. Louis area and has lived throughout the St. Louis area all of his life. He lives here with his wife, his children and his dogs Sammie and Callie. He is a graduate of the University of Missouri at Columbia and the St. Louis University School of Law. He serves individual and business clients in a variety of legal matters, especially in the areas of estate planning, asset protection planning, Medicaid planning, VA benefits, elder law and special needs planning. He has assisted in the prosecution of hundreds of claims for government benefits, including veteran’s pension and Medicaid claims, on behalf of his clients. He has also assisted in training other attorneys throughout the United States in doing the same.

Brian was recently named as a “Rising Star” in the field of elder law by Super Lawyers Magazine. He is a member of the Missouri Bar and was appointed as Vice-Chair of the Elder Law Committee for 2018. He is a member of the Illinois Bar, the United States Court of Appeals for Veterans Claims, the United States Court of Appeals for the Federal Circuit, and the Bar of the United States District Court, Eastern District of Missouri. He is accredited through the United States Department of Veterans Affairs to assist in the preparation, presentation, and prosecution of claims for veterans benefits before their agency.

Brian has held multiple positions with the Missouri Chapter of the National Academy of Elder Law Attorneys (MONAELA) and the Bar Association of Metropolitan St. Louis’ (BAMSL) Young Lawyer’s Division, and is active in Experts for Entrepreneurs St. Louis. Brian was recently named President Elect 2018 of MONAELA. Brian is also a member of the National Academy of Elder Law Attorneys and ElderCareAdvisors. Brian is past President of the High Octane Chapter of Business Network International and an Eagle Scout with the Boy Scouts of America.

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Section I. The Lookback Rule

Section II. What is considered a gift?

Section III. Why would we want to make gifts?

Section IV. Transfers of property between spouses

Section V. Exceptions to the transfer rules

Section VI. Transferring real property

Section VII. Calculating the penalty period

Section VIII. Partial months of ineligibility

Section IX. Preventing the penalty period

Section X. Planning with promissory notes

Section XI. Planning with annuities

Section XII. Transfers of income between spouses (calculating the MMNA for Community Spouse)

Section XIII. Handling unexpected income to protect eligibility