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A Guardianship Court May Make SIJ (Immigration) Findings

Minnesota Estate Planning Case: In re: Guardianship of Jose Maria Chimborazo Guaman, 879 N.W.2d 668 (Minn.Ct.App. 2016); Filed May 16, 2016 A15-1412 Case Summary: A Guardianship Court May Make SIJ (Immigration) Findings In re: Guardianship of Jose Maria Chimborazo Guaman, 879 N.W.2d 668 (Minn.Ct.App. 2016); Filed May 16, 2016 A15-1412. At issue in this case is whether a probate […]

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Unreasonable Agreement for Fees and Conflict

Minnesota Estate Planning Case: In re Petition for Disciplinary Action Against Scott Alan Becker, 881 N.W.2d 815 (Minn. 2016). A15-1877 filed July 20, 2016 Case Summary: Unreasonable Agreement for Fees and Conflict In re Petition for Disciplinary Action Against Scott Alan Becker, 881 N.W.2d 815 (Minn. 2016). A15-1877 filed July 20, 2016. Attorney represented aunt and uncle […]

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Federal REAL ID Law in Minnesota

TO       : Interested Parties FROM: Matt Burress, Legislative Analyst (651-296-5045) RE       : REAL ID Act implementation in Minnesota – January 2017 update This memo provides information on federal REAL ID Act legislation and activity in Minnesota. It is revised from previous versions (most recently produced January 6, 2016) and is […]

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Minnesota Nursing Facility Reimbursement and Regulation Law

Nursing Facility Reimbursement and Regulation This information brief explains how nursing facilities in Minnesota are reimbursed. It includes information on nursing facility regulation, MA reimbursement for nursing facility services under the value-based reimbursement system, the types of payments nursing facilities receive, rate equalization, case mix classifications, the impact of geographic location on nursing facility rates, […]

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Minnesota Medical Assistance Spenddown FAQ

In Medicaid, a “spenddown” is the amount you must pay towards your medical bills before Medicaid will pay for them. This FAQ answers common questions people have about how a Medicaid spenddown works. What is a Spenddown? A spenddown is like an insurance deductible. If your income is more than the allowed income limit, you […]

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Minnesota Medical Assistance (MA) Estate Recovery and Liens

Federal and state law requires the Minnesota Department of Human Services (DHS) and county agencies to recover costs that the MA program pays for its members under certain circumstances. DHS and counties collect these costs in two ways: (1) estate recovery and (2) liens. The 2016 Minnesota Legislature changed MA estate recovery and liens law. […]

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What is MinnesotaCare?

MinnesotaCare: An Overview MinnesotaCare is administered by the Minnesota Department of Human Services (DHS) under federal guidance as a Basic Health Program that provides subsidized health care coverage to low-income individuals. DHS, in cooperation with MNsure, the state’s health insurance exchange, is responsible for processing applications and determining eligibility. Eligibility Most MinnesotaCare enrollees are parents […]

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MinnesotaCare: A Summary of Minnesota Healthcare Plans

MinnesotaCare MinnesotaCare is administered by the Minnesota Department of Human Services under federal guidance as a Basic Health Program that provides subsidized health coverage to eligible Minnesotans. This information brief describes eligibility requirements, covered services, and other aspects of the program. Note: Individuals who have questions about MinnesotaCare eligibility or are interested in applying for MinnesotaCare […]

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Long-Term Care Services for Seniors/Elderly in Minnesota

Long-Term Care Services for the Elderly Elderly people in Minnesota can receive services from Medical Assistance and  other state programs. This information brief summarizes Medical Assistance eligibility for persons who are elderly (age 65 and over) and describes home care, elderly waiver, nursing facility, and other Medical Assistance services commonly used by persons who are […]

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What is Medical Assistance (Medicaid) in Minnesota? 

Medical Assistance (MA) Sometimes laws require agencies to recover costs the MA program pays for members. Program info Medical Assistance (MA) is Minnesota’s Medicaid program for people with low income. Most people who have MA get health care through health plans. You can choose a health plan from those serving MA members in your county. […]

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Recover Attorney’s Fees if You Win Minnesota Insurance Coverage Disputes

If an insurance company improperly denies coverage under its policy, you can sue the insurance company. Minnesota law gives you the right to attorney’s fees if you win. You have insurance to cover you in case of accidents. Imagine you had an accident that involved $20,000, and you had to spend $50,000 in legal fees […]

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Medical Assistance in Minnesota

Medical Assistance Medical Assistance (MA) is a jointly funded, federal-state program that pays for health care services provided to low-income individuals. It is also called Medicaid. This information brief describes eligibility, covered services, and other aspects of the program, including changes made to comply or conform with the federal Affordable Care Act. Contents Administration Eligibility Requirements Benefits […]

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Beyond Regulation Crowdfunding and MNvest: “Crowdfunding” Options for Minnesota Businesses

In recent years, crowdfunding has grown in popularity as an option for business owners and entrepreneurs to raise money. Generally speaking, equity crowdfunding describes the process where a business owner utilizes an online intermediary or “portal” to ask for money from investors in exchange for the promise of a financial return on that investment. This […]

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Who Needs to Register as an Investment Adviser Representative in Minnesota?

Minnesota law requires both investment advisers (IAs) and investment adviser representatives (IARs) to register with the Minnesota Department of Commerce, unless a registration exemption applies. Some confusion persists in the industry as to who must register as an IAR. This article provides a quick update on Minnesota’s requirements pertaining to IARs and addresses some frequently asked […]

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Becoming an Investment Advisor

So you dream of getting paid to advise other people on how to invest their money—how do you make that dream a reality? First, it is important to understand, broadly speaking, the legal landscape in which those who do get paid for their investment advice operate. Second, it is important to understand the barriers to […]

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Minnesota Domain Names for Sale

The following domain names are for sale. To make an offer, email Aaron Hall. Please don’t send low-ball offers; we know the value of these domains. minnesotaattorney.com minnesotalawyer.com minneapolisphotographer.com minneapolisattorneys.com minneapolismarijuana.com minnesotabusinesslawyer.com minnesotadwilawyers.com estateplanningminnesota.com minnesotadrunkdriving.com minnesotabusinessattorney.com minneapolisdwilawyer.com mndivorcelawyer.com minnesotamediation.com mnbusinessattorney.com minnesotabankruptcyattorney.com mnbusinesslawyer.com minnesotabankruptcylawyer.com minnesotadefenseattorney.com minnesotasmallbusiness.com mndwiattorney.com

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Long-Term Care Services for the Elderly in Minnesota

This information brief summarizes Medical Assistance eligibility for persons who are elderly (age 65 and over) and describes home care, elderly waiver, nursing facility, and other Medical Assistance services commonly used by persons who are elderly. The information brief also describes the following state programs for the elderly—Long-Term Care Consultation Services, Alternative Care, essential community […]

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Medical Assistance Heath Care Services for the Elderly in Minnesota

This section provides information on Medical Assistance (MA) covered services and the managed care system under which most elderly MA enrollees receive services. This section also describes home care, personal care assistant services, Elderly Waiver, and nursing facility services in more detail. Medical Assistance Covered Services MA enrollees who are elderly receive coverage for the […]

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What Consumers Can Learn from Darren McFadden v. Ameriprise Lawsuit

This week various media outlets have reported that Dallas Cowboys running back, Darren McFadden, sued Minnesota-based Ameriprise Financial. McFadden alleges that Ameriprise failed to prevent one of its former representatives from enriching himself by fraudulently obtaining power of attorney to access McFadden’s accounts. Several articles reporting on McFadden’s lawsuit describe Ameriprise and an individual defendant using terms […]

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Executive Order: “Buy American and Hire American” Focuses on H-1B Foreign Worker Visas

The presidential executive order, “Buy American and Hire American,” will have an impact on Minnesota businesses. The “Hire American” part of the order focuses on the H-1B visa, which is an integral part of the Minnesota workplace. The H-1B classification, created by statute in 1990, allows U.S. businesses to hire highly skilled foreign-born workers for […]

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Employer Can Have Info about Whether Misclassified Workers Paid Tax

The U.S. Tax Court recently ruled that federal law doesn’t prohibit an employer looking to reduce its tax liability on misclassified workers from receiving information on whether the workers paid tax on the income.  Background Businesses often prefer to treat workers as independent contractors to lower their costs and administrative burdens. But the IRS may […]

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Establishing Residency for State Tax Purposes

Have you been contemplating moving to another state with lower taxes? Your move could lower your state tax bill, but you want to make sure to establish that the new state is your place of legal residency (also known as your “domicile”) for state tax purposes. Otherwise, the old state could come after you for […]

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City of Saint Paul Rules for Earned Sick and Safe Time Ordinance

Contents Purpose of the Earned Sick and Safe Time (ESST) Ordinance and Rules………………………………………….. 1 Definitions……………………………………………………………………………………………………………………….. 2 What Employees are covered by the ESST Ordinance?……………………………………………………………….. 4 How employees accrue and bank ESST……………………………………………………………………………………. 5 Use of Earned Sick and Safe Time………………………………………………………………………………………….. 7 Paying Employees When They Use ESST………………………………………………………………………………….. 8 When an Existing PTO Policy Complies with the […]

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How Updates to Minnesota’s Nonprofit Corporation Act Impact You

Given the frenetic state of national politics you would be forgiven for not looking too deeply into what the updates to Minnesota’s Nonprofit Corporation Act (Chapter 317A) mean to you and your organization. On April 18, 2017, the Minnesota Senate approved changes to the Act and the Minnesota House approved the same changes on February […]

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The Ins and Outs of Deducting Legal Expenses

Legal expenses incurred by individuals are typically not currently deductible under the federal income tax rules. Instead, they’re most often treated as either personal outlays (which are nondeductible) or as part of the cost of acquiring an asset, such as real estate. In the latter situation, legal costs usually aren’t deductible right away; instead, they […]

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Spring Cleaning: When Can You Purge Your Old Financial Records?

Feeling the urge to purge? April 17, 2018, is the deadline for individuals and C corporations to file their federal income tax returns for 2017 (or to file for an extension). Before you clear your filing cabinets of old financial records, however, it’s important to make sure you won’t be caught empty-handed if an IRS […]

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Minnesota Public Benefit Corporation Annual Reports: 2017 Status Update

We are celebrating the second full year of public benefit corporations in Minnesota. Public benefit corporations are for-profit corporations that have elected to add a social “benefit” purpose in addition to a general business purpose. This additional social purpose allows public benefit corporations to elevate pursuing a social good through business to a status at […]

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Crowdfunding Fraud: The Risk is Real and Growing

Crowdfunding, the practice of funding a project or venture by raising many small amounts of money from a large number of people typically via the Internet, is no longer a novelty. Since their beginnings in the early 2000s, crowdfunding portals have exponentially proliferated across the web. The more successful platforms have become household names, like […]

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Lawyer Non-Engagement Togstad Letter Template: Declining Representation

A standard practice for law firms and attorneys in Minnesota is sending a Non-Engagement Letter (i.e. Togstad Letter) to everyone who contacts the firm or lawyer but does not hire the firm or lawyer. While this may sound like an unnecessary burden, it is the best way for a lawyer or law firm to avoid potential […]

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Tax Court Interprets Exceptions to the PAL Rules for Rental Properties

  Real estate owners who rent their properties often incur tax losses due to depreciation write-offs and other allowable deductions. However, the ability to deduct those losses might be postponed indefinitely by the passive activity loss (PAL) rules. In general, these rules limit deductions for rental property PALs to the amount of income that you […]

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