The Tanner Decision: Impact on TennCare Medicaid Estate Recovery- On CD

 

You risk nothing by ordering this CD, because we will refund every penny, no questions asked, if you are in any way dissatisfied with this audio conference.

 By issuing its recent Tanner opinion, the Supreme Court sought to settle the issue whether the Bureau of TennCare is barred from filing a claim against a decedent’s estate for recovery of TennCare Medicaid benefits where the claim is filed more than one year after the decedent’s date of death.

Because this is a CD audio seminar you enjoy:

• Fast, convenient learning without any out-of-office time lost;
• No travel-related expenses or complications;
• The perfect affordable way to update yourself rapidly on current laws.

One More Reason to Attend: Your Audio Conference Leaders

Tim Takacs is certified as an elder law attorney by the National Elder Law Foundation and as a Certified Elder Law Specialist by the Tennessee Commission on CLE and Specialization. In 2006, Mr. Takacs helped found the Life Care Planning Law Firms Association and was the LCPLFA's first president.

He has been a member of the National Academy of Elder Law Attorneys (NAELA), the nation's preeminent professional organization for elder law attorneys, since 1991, and served on NAELA's board of directors. He is a charter member of the Special Needs Alliance, a network of the country's leading disability lawyers. In 2000, he founded The Tennessee Pooled Trust, which is Tennessee's first "special needs pooled trust."

Mr. Takacs writes for and gives presentations regularly to attorneys and other professionals about elder law. He is the founder of The NAELA eBulletin, a weekly newsletter of current news and cases that is now published by the National Academy of Elder Law Attorneys as a benefit exclusively for NAELA members. He also wrote Elder Law Practice in Tennessee, a treatise for Tennessee attorneys, and A Guide to Elder Law Practice, both published by LEXIS Law Publishing.

Mr. Takacs is a graduate of the University of Notre Dame and the Vanderbilt University School of Law. He has been in private practice in Hendersonville, Tennessee, since 1980. He makes frequent appearances in local media, including The Tennessean newspaper, and, on Channel 5 (Nashville's CBS affiliate station) the Morning Line and Open Line television programs. Among national publications, he has been quoted in The Wall Street Journal, Christian Science Monitor, and Kiplinger's Personal Finance magazine. An informative and entertaining speaker, Mr. Takacs frequently gives talks to and writes for attorneys, health care providers, and other professionals, support groups, and seniors organizations.

The Tanner Decision: Impact on TennCare Medicaid Estate Recovery- On CD

By issuing its recent Tanner opinion, the Supreme Court sought to settle the issue whether the Bureau of TennCare is barred from filing a claim against a decedent’s estate for recovery of TennCare Medicaid benefits where the claim is filed more than one year after the decedent’s date of death.

Unfortunately, the opinion has raised as many questions as it has answered. Let an attorney and Certified Elder Law Specialist show you how TennCare's right to estate recovery changed after Tanner by participating in the all-new Tennessee Attorneys Memo webinar: The Tanner Decision: Impact on TennCare Medicaid Estate Recovery.

In just 60 minutes, your speaker will cover:

• The critical implications of the Tanner decision
• How you should advise your clients in light of the Tennessee Supreme Court's opinion
• A breakdown of the specific holdings, including:
  -- The one-year statute of limitation period begins on the date of death, regardless of whether a representative has been appointed.
  -- The Bureau of TennCare's right to recovery constitutes a claim or demand subject to the statute of limitation.
  -- At the time of Mr. Tanner's death (prior to 2007), TCA
  71-5-116(c) permitted adjustment or recovery from an estate until a waiver or release was granted by the Bureau, regardless of any limitation on ordinary claims imposed by TCA 30-2-310(b).
  -- Incident to its right to demand payment pursuant to the release and waiver provisions, the Bureau was permitted to file a formal claim against the estate, despite the fact that claims of most other types would have been time-barred.
  -- At least until January 1, 2007, claims by the Bureau were not subject to a one-year statute of limitation, regardless of whether it received a notice to creditors.

 

March 18, 2010

You risk nothing by ordering this CD, because we will refund every penny, no questions asked, if you are in any way dissatisfied with this audio conference.

Because this is a CD audio seminar you enjoy:

• Fast, convenient learning without any out-of-office time lost;
• No travel-related expenses or complications;
• The perfect affordable way to update yourself rapidly on current laws.