A prolific writer and lecturer on topics related to Medicaid, alternatives to guardianship and estate planning for people with disabilities, elders and their right to control their support services, Ms. Dudek was the author of the model contracts for Michigan's Medicaid Self Determination Initiative. These contracts facilitate control over Medicaid service budgets and allows for creative solutions for housing and supports.
Another creative solution used by Ms. Dudek on behalf of her clients is the use of a Pooled Accounts Trust for Medicaid planning. She was the first attorney in Michigan to draft one of these trusts and to secure approval for Medicaid by both the Social Security Administration and the State of Michigan.
Ms. Dudek advises on the administration of special need trusts in creating public/private solutions for the support service and housing needs of elders and people with disabilities.
- NAELA Advanced Fall Institute
November 4-6, 2010
San Diego, CA
New Health Law and Its Implications for Trustees of Special Needs Trusts
(By Patricia E. Kefalas Dudek and Sanford J. Mall)
New advocacy opportunities contained within provisions of the Patient Protection and Affordable Care Act that will impact the lives of people with disabilities.
Trustees of SNTs, their attorneys, people with disabilities and their families have traditionally needed to practice "constant vigilance" to assure Medicaid and Medicare coverage is used to the maximum extent possible before accessing private funds. The extensive changes coming from the Affordable Health Care Act will result in extensive additional confusion and error…so in light of these changes and the need to protect private resources, let's turn to the new health law and the changes which trustees of SNTs and their clients and advisors need to examine through a microscope.