What We Learned Quick Recap of our Latest Conferences

Our firm is always looking for ways to stay ahead in the ever-evolving world of planning for individuals with disabilities. Our attorneys recently attended three fantastic programs in October and November: Stetson Law’s National Conference on Special Needs Planning and Special Needs Trusts, the fall meeting of the Special Needs Alliance, and the Maine State Bar Association’s Legal Year in Review.

We came away with some great insights, and we would love to share a few highlights with you:

• OBBBA: Of course, the primary discussion at all three conferences was OBBBA. The One Big Beautiful Bill Act, signed into law in July 2025, introduces sweeping changes to tax and spending policies, specifically including Medicaid (MaineCare here in Maine). For more information on these changes, please see our recent blog post here.
• Medicare Appeals: The Centers for Medicare and Medicaid Services (CMS) implemented a new rule allowing hospital patients to file a Medicare appeal when their status changes from inpatient to outpatient observation. This switch can have major financial consequences, including higher out-of-pocket costs and non-coverage of skilled nursing services upon discharge. Patients can file retrospective appeals for hospitalizations from January 1, 2009, to February 13, 2025, and prospective appeals for hospital stays starting on or after February 14, 2025. These appeals can help Medicare recipients access coverage or reimbursement for services that were not previously covered due to the change in status.
• Age Factor for SSA: Earlier this year, there was concern that the Social Security Administration (SSA) would remove or reduce age as a factor in disability determinations. This change would have made it harder for older applicants to qualify for benefits. After significant advocacy and public pushback, SSA confirmed it will not move forward with this proposal. Age will continue to be considered alongside education, work history, and functional capacity when evaluating claims.
• CDB Issue: We will be watching (and supporting) bipartisan legislation that aims to fix an issue with Social Security’s Childhood Disability Benefit (CDB, formerly known as “DAC” benefits) and Medicaid eligibility. Currently, an individual must receive Supplemental Security Income (SSI) before receiving CDB for the CDB income to be disregarded for Medicaid eligibility. This creates an unintended trap for individuals with disabilities whose parents die young, are older and retire, or who fail to apply for SSI before becoming eligible for CDB. Individuals in these circumstances are potentially ineligible for Medicaid benefits due to circumstances beyond their control.