{"id":830,"date":"2018-09-28T15:15:28","date_gmt":"2018-09-28T15:15:28","guid":{"rendered":"https:\/\/familyfirstfirm.com\/?p=830"},"modified":"2024-03-06T07:18:22","modified_gmt":"2024-03-06T07:18:22","slug":"warning-of-unlicensed-practice-of-law-in-medicaid-planning","status":"publish","type":"post","link":"https:\/\/familyfirstfirm.com\/blog\/warning-of-unlicensed-practice-of-law-in-medicaid-planning\/","title":{"rendered":"Warning of Unlicensed Practice of Law in Medicaid Planning"},"content":{"rendered":"<p>Many people who are not licensed attorneys promote themselves as \u201cMedicaid Planners.\u201d A number of states have determined that non-lawyers who apply the law to a Medicaid applicant\u2019s specific circumstances are engaging in the unlicensed practice of law (UPL). Florida has been at the forefront of efforts to push back against UPL in this area.<\/p>\n<p>Now, three Florida elder law attorneys have written a handbook aimed at educating nursing home and assisted living facility managers and staff in that state about the UPL as it pertains to Medicaid planning. In writing the 142-page \u201cProtecting Nursing Homes and Their Residents from the Unlicensed Practice of Law,\u201d ElderLawAnswers member attorney Leonard E. Mondschein <a href=\"https:\/\/medicament-erection.com\/prix-apcalis-oral-jelly-en-ligne-sans-encombre\/\" target=\"_blank\" rel=\"noopener\">Medicament-Erection<\/a>, and two Florida colleagues, John R. Frazier and Twyla L. Sketchley, hope to protect Florida facility administrators and staff from engaging in or unintentionally supporting the UPL.<\/p>\n<p>\u201c[The handbook] acts as both a marketing piece for nursing homes and ALF's as well as to give to prospective clients,\u201d Mondschein told ElderLawAnswers. \u201cEvery state should have one so that the elder law attorneys in that state can use it to make their case on why a family should use an attorney for Medicaid Planning and why a nursing home should only refer to an attorney.\u201d<\/p>\n<p>Mondschein said that the Florida book can serve as a model for practitioners in other states. \u201cSince no one has ever done this before and with the rise of UPL in the Medicaid and VA Planning areas, the reader from another state can copy the basic format of the book and by researching his own state laws and bar rules, <a href=\"https:\/\/medicamentspourerection.com\/soft-tabs-kamagra-sans-ordonnance-en-ligne\/\" rel=\"nofollow noopener\" target=\"_blank\">information<\/a> write a state-specific book as we did,\u201d he said. \u201cIt\u2019s a new tool in the toolbox to fight UPL by educating the public, SNF, ALF facilities.\u201d<\/p>\n<p>The book explains to facility managers and staff:<\/p>\n<ul>\n<li>What UPL is and how it happens;<\/li>\n<li>How to protect, prevent and deter nursing home and assisted living facility residents from becoming victims;<\/li>\n<li>How to protect themselves and their facility from becoming an unwitting participant in UPL activities;<\/li>\n<li>and important actions they can take to fight UPL if they see it happening.<\/li>\n<\/ul>\n<p>The handbook includes chapters on the possible legal consequences of negligent referral, examples of problems caused by non-lawyer Medicaid planners, trouble the nursing home can get in if nursing home employees know that a non-lawyer Medicaid planner is engaging in UPL, and possible consequences if a nursing home employee is paid a fee to refer Medicaid cases to a non-lawyer Medicaid planner.<\/p>\n<p>The book also offers \u201cEight reasons to use an elder law attorney (and NOT a nonlawyer) to assist in qualifying a person for Medicaid benefits.\u201d<br \/>\nTo download the digital version of the handbook, go to www.miamieldercarelawyers.com and click the first download under \u201cFree Books.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Many people who are not licensed attorneys promote themselves as \u201cMedicaid Planners.\u201d A number of states have determined that non-lawyers...<\/p>\n","protected":false},"author":2,"featured_media":4699,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_EventAllDay":false,"_EventTimezone":"","_EventStartDate":"","_EventEndDate":"","_EventStartDateUTC":"","_EventEndDateUTC":"","_EventShowMap":false,"_EventShowMapLink":false,"_EventURL":"","_EventCost":"","_EventCostDescription":"","_EventCurrencySymbol":"","_EventCurrencyCode":"","_EventCurrencyPosition":"","_EventDateTimeSeparator":"","_EventTimeRangeSeparator":"","_EventOrganizerID":[],"_EventVenueID":[],"_OrganizerEmail":"","_OrganizerPhone":"","_OrganizerWebsite":"","_VenueAddress":"","_VenueCity":"","_VenueCountry":"","_VenueProvince":"","_VenueState":"","_VenueZip":"","_VenuePhone":"","_VenueURL":"","_VenueStateProvince":"","_VenueLat":"","_VenueLng":"","_VenueShowMap":false,"_VenueShowMapLink":false,"footnotes":""},"categories":[1],"tags":[45,37],"meta_box":[],"_links":{"self":[{"href":"https:\/\/familyfirstfirm.com\/wp-json\/wp\/v2\/posts\/830"}],"collection":[{"href":"https:\/\/familyfirstfirm.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/familyfirstfirm.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/familyfirstfirm.com\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/familyfirstfirm.com\/wp-json\/wp\/v2\/comments?post=830"}],"version-history":[{"count":0,"href":"https:\/\/familyfirstfirm.com\/wp-json\/wp\/v2\/posts\/830\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/familyfirstfirm.com\/wp-json\/wp\/v2\/media\/4699"}],"wp:attachment":[{"href":"https:\/\/familyfirstfirm.com\/wp-json\/wp\/v2\/media?parent=830"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/familyfirstfirm.com\/wp-json\/wp\/v2\/categories?post=830"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/familyfirstfirm.com\/wp-json\/wp\/v2\/tags?post=830"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}