Articles

Articles

SNTs, Qualified Disability Trusts and ABLE Accounts: Slashing Tax Liability, Special Needs Alliance.

Special Needs Trusts: Helping Hospitals Increase Medicaid Recoveries For High-Cost Medical Cases, LegalHealth blog, October 28, 2014.

When Worlds Collide: State Trust Law And Federal Welfare Programs, NAELA Journal, Spring 2014, Volume X, No. 1.

Case Note: Supreme Court Holds That The Medicaid Anti-Lien Provision Requires a Right To a Hearing Before State Medicaid Agencies Can Enforce Their Subrogation Claims, NAELA Journal, Fall 2013, Volume IX, No. 2, pp.257.

A Second Look at Marmet Health Care Center v. Brown: State Contract Law Provides Defenses to Nursing Home Contract Arbitration Clauses, NAELA Journal, Spring 2013, Volume IX, No. 1, pp.167.

E.M.A. v. Cansler, Fourth Circuit Holds that Ahlborn Requires Hearings to Determine Medicaid Subrogation Claims, Trial Reporter, (Journal of the Maryland Trial Lawyers Association), Special Issue 2013, pp.22.

Case Note: Fourth Circuit In E.M.A. v. Cansler Rejects State and District Court Trend and Holds that Ahlborn Requires Hearings to Determine Medicaid Subrogation Claims, NAELA Journal, Fall 2012, Volume VIII, No. 2, pp.251.

Case Note: Lewis v. Alexander Vindicates Primacy of Federal Law of Special Needs Trusts, NAELA Journal, Fall 2012, Volume VIII, No. 2, pp.233.

Case Note: Fourth Circuit In E.M.A. v. Cansler Rejects State Court Trend and Holds that Ahlborn Requires Hearings to Determine Medicaid Subrogation Claims, DC Trial, (Trial Lawyers Association of Metropolitan Washington, D.C.), Spring/Summer 2012, Volume XII, No. 2, pp.20.

The Absolutely Basic Guide to Public Benefits for Health Professionals, by Ron M. Landsman.

Case Note: Arkansas Department of Health and Human Services v. Ahlborn, Trial Reporter, (Journal of the Maryland Trial Lawyers Association), Fall 2011, (pp. 9-12), (2011).

“Special Needs Trusts” , Part V, Chapter 4, A Practical Guide to Estate Planning, Edited by Professor Jay A. Soled, to be published by the American Bar Association.

“Maryland Medicaid Reimbursement Claims” D.C. Trial Reporter, (Journal of the Trial Lawyers Association of Metropolitan Washington, D.C., Vol. 10, no. 1, Winter 2010, (pp. 13-17).

“Representing the Whole Mishpachah“, October 2010.

“Getting Medicaid’s Hand out of Your Client’s Pocket”, Trial Reporter, (Journal of the Maryland Trial Lawyers Association), Fall 2008, (pp. 41- 48), (2008).

“Who Gets the Benefit of Your Work?” Trial Reporter, (Journal of the Maryland Trial Lawyers Association), Summer 2007, (pp. 54-60), (2007).

“The CMS Letter on Old Medical Bills: Background, Meaning and Potential Issues,” (with Eric Carlson) , The ElderLaw Report, 6:5, P.1, (December 2004).

“Maryland Medicaid Agrees to Exclude Out-of-State Former Home”, The ElderLaw Report, 11:7, P.3 (February 2000).

“Planning for Disability,” Estates, Gifts and Trusts Portfolio Series, #816, BNA Tax Management (with Ralph J. Moore, Esq., Shea and Gardner), (2000).

Two-part series on a major aspect of advanced Medicaid planning:

“Going to Court to Improve Spousal Benefits: Part II: Medicaid’s Income Rules”, The ElderLaw Report, P.1, (December 1998).

“Clarifying the Judicial Procedures for Obtaining Relief from Spou­sal Impoverishment Rules; Part II: Medicaid Income Rules,” The ElderLaw Report, P.1, (October 1998).

“Going to Court to Improve Spousal Benefits. Part I: Medicaid’s Resource Rules”, The ElderLaw Report, P.1, (September 1998).

“The Criminalization of Transfers for Medicaid Eligibility,” Journal of Asset Protection, Warren, Gorham, Lamont: New York, NY, January 27, 1997.

“Medicaid: History and Scope,” Encyclopedia Of Financial Gerontology, Greenwood Press: Westport, Conn., 1996.

“Trusts Under the 1993 Amendments to the Federal Medicaid Statute,” Journal of  Asset Protection, Warren, Gorham, Lamont: New York, NY, December 1, 1995.

Three part series on advanced Medicaid planning:

“Advanced Medicaid Planning III: Trusts”, The ElderLaw Report, 3:4, P.1, (November 1991).

“Advanced Medicaid Planning II: Asset Transfers”, The ElderLaw Report, 3:3, P.1, (October 1991).

“Advanced Medicaid Planning: Spousal Impoverishment”, The ElderLaw Report, 3:1, P.1,  (July/August 1991).

“Responding to Over-medication of Nursing Home Residents: Using the New OBRA Rules,” The ElderLaw Report, II:1, p. 1 (July/August 1990).

“Fairness Doctrine and Cigarette Advertising: A First Amendment Solution,” New York Times, Op Ed page, January 2, 1986.

“Terminating Food and Water: The Emerging Legal Rules”, in Lynn, Joanne (ed.), By No Extraordinary Means (Indiana U. Press 1986).

“Legal Planning of Health Care for the Critically Ill: Issues, Ethics and Emotions,” PLI Legal Notes and Viewpoints 5:4, p. 49ff (August 1985).