Seminar Detail

Pennsylvania Elder Law - 2019
Friday, July 26, 2019 at 8:30 AM - 4:00 PM

This event is not currently available for purchase.

For more information: Call (800) 844-8260
Course Description:

If you provide services to geriatric populations, your organization faces a legal and regulatory maze. In order to understand the needs and concerns of patients and their families, and to provide appropriate services and referrals, you are expected to have a thorough understanding of common and complex issues related to powers of attorney, advance directives, guardianship, Pennsylvania and Federal legislative changes for Medicare and Medicaid, Medicaid eligibility requirements, the application process, appeals, estate recovery – and more.

Mr. Hetherington will provide current information that is crucial to understanding the legal and financial issues which impact the everyday aspects of providing health care services. You will leave this seminar with more confidence in care planning and case management of your geriatric patients.

  • Explain the duties and responsibilities of a guardian.
  • Compare different personal autonomy options.
  • Identify recent federal legislative changes.
  • Discuss recent Pennsylvania judicial decisions affecting long-term care.
  • Describe the application process.
  • Explain the process and procedure of estate recovery.

Preserving Personal Autonomy/Planning For Long-Term Care
  • Informed Consent & Legal Capacity
  • Updated Power of Attorney Statute
  • Health Care Representative
  • Advance Directives/Living Wills
Guardianship in Pennsylvania
  • Definition of an “Incapacitated Person”
  • Distinguishing Between Guardian of the Person & of the Estate
  • Emergency Limited
  • The Rights of Persons Subject to Guardianship
  • Powers, Duties & Limits
  • Guardianship Review Hearings
State and Federal Medicaid Laws Update
  • Recent Federal Legislative Changes
  • Recent Pennsylvania Legislative Changes
  • Some Recent Judicial Decisions Affecting Long-Term Care & Other “Elder Law” Issues
Qualifying Clients for Medicaid and Medicare Benefits
  • Requirements for Medicare
    • Part A
    • Part B
  • Requirements for Medicaid
    • Categorical – New Categories under the Affordable Care Act
    • Income - How Modified Adjusted Gross Income (MAGI) is Calculated
The Medicaid Application and Appeals Process
  • When and How to File
  • What Information to Include
  • Correcting Faulty Information Submitted in an Application
  • How to Keep Track of Progress
  • When Eligibility Begins
  • Supporting Documentation
  • Administrative/Judicial Appeals
  • Medicaid Fair Healing Practice
Medicaid Estate Recovery
  • What is an “Estate” for Purposes of Medicaid Recovery?
  • What is Subject to Recovery?
  • The Process and Procedure of Recovery
  • Survivors’ Claim for Exemption Based on Hardship
  • Priority of Medicaid Liens in Estate Administration
Target Audience

  • Social Workers
  • Nursing Home Administrators
  • Nurses
  • Counselors
  • Admissions Director
  • Case Managers
  • Discharge Planners
  • Health Care Facility Financial/Business Office Managers
  • Patient Care Coordinators
  • Psychologists
  • Professionals working with, caring for & advising the elderly & their families will greatly benefit from this intense one-day seminar


Jack J. Hetherington, ESQUIRE, CELA, is of counsel with Montco Elder Law, LLP. He has been nominated and included in the Pennsylvania Super Lawyers listing for Elder Law Attorneys each year since 2007. Representing elderly and other clients since 1977, Mr. Hetherington has been certified in Elder Law by the National Elder Law Foundation since 1993. He is a certified mediator in Orphan’s Court Disputes. Mr. Hetherington’s practice has taken him to administrative hearings in both state and federal benefits agencies like Social Security, Equal Employment Opportunity Commission, PA Workers’ Compensation hearings; and others. He has represented clients in trials in the trial courts of the Multi-County Delaware Valley and in the U.S. District Courts.

Mr. Hetherington has written on many subjects now known as “elder law” and has both planned and presented continuing legal education programs for several professional organizations, including the Pennsylvania Bar Institute (PBI); American Association of Justice; the National Organization of Social Security Claimants Representatives (NOSSCR); the National Academy of Elder Law Attorneys (NAELA); the Bucks County Bar Association (BCBA); other professional educational organizations; and other community organizations including the Alzheimer’s Association.

Mr. Hetherington is an adjunct professor at the Bucks County Community College teaching elder law. He holds memberships with the Pennsylvania and Bucks County Bar Associations; National Academy of Elder Law Attorneys; National Organization of Social Security Claimant’s Representatives; and the American Association of Justice. Mr. Hetherington received his BA degree from the University of Pennsylvania and his Juris Doctorate from Gonzaga University School of Law.

Speaker Disclosures:

Financial: Jack Hetherington is of counsel with Montco Elder Law, LLC. He receives a speaking honorarium from PESI, Inc.

Non-financial: Jack Hetherington is a member of the Pennsylvania and Bucks County Bar Associations.
Credits listed below are for full attendance at the live event only. After attendance has been verified, pre-registered attendees will receive an email from PESI Customer Service with the subject line, “Evaluation and Certificate” within one week. This email will contain a link to complete the seminar evaluation and allow attendees to print, email or download a certificate of completion if in full attendance. For those in partial attendance (arrived late or left early), a letter of attendance is available through that link and an adjusted certificate of completion reflecting partial credit will be issued within 30 days (if your board allows). Please see “live seminar schedule” for full attendance start and end times. NOTE: Boards do not allow credit for breaks or lunch.

If your profession is not listed, please contact your licensing board to determine your continuing education requirements and check for reciprocal approval. For other credit inquiries not specified below, or questions on home study credit availability, please contact or 800-844-8260 before the event.

Materials that are included in this course may include interventions and modalities that are beyond the authorized practice of mental health professionals. As a licensed professional, you are responsible for reviewing the scope of practice, including activities that are defined in law as beyond the boundaries of practice in accordance with and in compliance with your professions standards.

PESI, Inc. offers continuing education programs and products under the brand names PESI, PESI Healthcare, PESI Rehab and Psychotherapy Networker.

Case Managers
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This course has been awarded 6.0 clock hours by the Commission for Case Manager Certification. Full attendance is required.

This intermediate activity consists of 6.0 clock hours of continuing education instruction. Credit requirements and approvals vary per state board regulations. Please save the course outline, the certificate of completion you receive from the activity and contact your state board or organization to determine specific filing requirements.

Nurses, Nurse Practitioners, and Clinical Nurse Specialists
This activity consists of 6.0 clock hours of continuing education instruction. Credit requirements and approvals vary per state board regulations. Please save the course outline, the certificate of completion you receive from this activity and contact your state board or organization to determine specific filing requirements.

Nursing Home Administrators
This educational offering has been reviewed by the National Continuing Education Review Service (NCERS) of the National Association of Long Term Care Administrator Boards (NAB) and approved for 6.0 clock hours and 6.0 participant hours. Full attendance is required; no partial credits will be offered for partial attendance.

Pennsylvania Psychologists: CE credit is available. PESI, Inc. is approved by the Pennsylvania State Board of Psychology to offer continuing education for psychologists. Provider #PSY000211. PESI maintains responsibility for the program(s). This program qualifies for 6.0 continuing education hours.

Social Workers
PESI, Inc., #1062, is approved to offer social work continuing education by the Association of Social Work Boards (ASWB) Approved Continuing Education (ACE) program. Organizations, not individual courses, are approved as ACE providers. State and provincial regulatory boards have the final authority to determine whether an individual course may be accepted for continuing education credit. PESI, Inc. maintains responsibility for this course. ACE provider approval period: January 27, 2017 - January 27, 2020. Social Workers completing this course receive 6.0 Clinical Practice continuing education credits. Course Level: Intermediate. Full attendance is required; no partial credits will be offered for partial attendance. A certificate of attendance will be awarded at the end of the program to social workers who complete the program evaluation.

Pennsylvania Social Workers, MFTs and Professional Counselors: The Pennsylvania State Board of Social Workers, Marriage and Family Therapists and Professional Counselors accepts many national association CE approvals, several of which PESI offers. For a full list, please see your State Board regulations at This Intermediate activity consists of 6.0 clock hours of continuing education instruction.

Other Professions
This activity qualifies for 360 minutes of instructional content as required by many national, state and local licensing boards and professional organizations. Save your course outline and certificate of completion, and contact your own board or organization for specific requirements.

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