Law Offices of John J. Campbell

John J. Campbell CELA, MSCC

John J. Campbell is certified as an Elder Law Attorney by the National Elder Law Foundation;* and is a member of the National Academy of Elder Law Attorneys. Mr. Campbell is the founder and principal attorney of the Law Offices of John J. Campbell, P.C. in Denver, Colorado. He has practiced law since 1986 and has practiced in the area of Elder Law since 1996. Mr. Campbell is also a Medicare Set-Aside Consultant Certified (national certification through the Commission on Health Care Certification);* and is licensed to practice law in Colorado and is also licensed and on inactive status in Missouri. He is a member of the Colorado Bar Association (Trust & Estate Section; and 2006-2008 Co-Chair of the Elder Law Section), the Colorado Bar Foundation (Selected as a Fellow, 2006); the Arapahoe County Bar Association, the Missouri Bar Association and the National Alliance of Medicare Set-Aside Professionals. His areas of concentration include elder law; estate, disability and long term care planning; probate; guardianship and conservatorship; Medicare, Medicaid, Medicare Set Aside Arrangements, and the preservation of public benefits in catastrophic third party liability and worker’s compensation settlements. Mr. Campbell has published numerous articles and has presented numerous seminars on issues relating to Elder Law and special needs planning across the country.

*The State of Colorado does not certify attorneys as specialists in any field.

PUBLICATIONS:

Book: “The Complete Medicare Set-Aside Training Course Book,” copyright 2005-2009 Law Offices of John J. Campbell, P.C.

Book: “Special Needs Trusts Planning, Drafting and Administration,” Chapter 8A: “Medicare Set-Aside Arrangements.” Co-authored with Mark Popolizio. Published by Continuing Education of the Bar – California, January 2009 (Update).

Blog: http://blog.jjcelderlaw.com

Article: “Social Security, Medicare and Medicare Set-Aside Arrangements for Minor Children.” The Medicare Set Aside Bulletin, Issue #51, February 20, 2009.

Article: “The Use of Qualified Settlement Funds, Qualified Assignments and Special Needs Trusts in Physical Injury Settlements.” Elder Law, Volume 13, No. 2, November, 2008, published by the North Carolina Bar Association Elder Law Section.

Article: “New CMS Memorandum Addresses Pricing of Implantable Devices and Rescission of Earlier Provisions for Early Termination of MSAs.” The Medicare Set Aside Bulletin, Issue #48, September 8, 2008.

Article: “The Settlement Process.” The Medicare Set Aside Bulletin, Issue #46, July 28, 2008.

Article: “The Use of Qualified Settlement Funds, Qualified Assignments and Special Needs Trusts in Physical Injury Settlements.” NAELA Journal, Volume 4, No. 1, Spring, 2008.

Article: “New Medicare Secondary Payer Reporting Requirements.” The Medicare Set Aside Bulletin, Issue #43, February 10, 2008.

Article: “Basics of Medicare Conditional Payments and Medicare Set Aside Arrangements.” The Medicare Set Aside Bulletin, Issue #39, May 1, 2007.

Article: “Annuities, Structured Settlements and Public Benefit Planning.” The Medicare Set Aside Bulletin, Issue #38, April 1, 2007.

Article: “Preserving Public Benefits in Physical Injury Settlements: Special Needs Trusts and Beyond.” NAELA Journal, Volume 2, No. 2, Fall, 2006.

Article: “"CMS Releases Second, Revised Policy Memorandum Regarding Medicare Part D and WCMSAs." The Medicare Set Aside Bulletin, Issue #33, July 28, 2006.

Article: “Preserving Public Benefits in Physical Injury Settlements: Special Needs Trusts and Beyond.” The Medicare Set Aside Bulletin, Issue #32, July 10, 2006.

Article: “Serious Problems With the New Proposed Federal Legislation Aimed at WCMSAs; and a Proposed Remedy.” The Medicare Set Aside Bulletin, Issue #31, June 5, 2006.

Article: “New Federal Legislation Regarding Medicare Set-Asides is Introduced in the House of Representatives.” The Medicare Set Aside Bulletin, Special Issue #30A, May 9, 2006.

Article: “U.S. Supreme Court Issues Opinion Restricting States’ Ability to Recover Medicaid Liens in Liability Settlements.” The Medicare Set Aside Bulletin, Issue #30, May 8, 2006.

Article: “The ‘Other’ Government Claim in WC Settlements: Is the Claimant a Veteran?” The Medicare Set Aside Bulletin, Issue #27, March 13, 2006.

Article: "Changes to Medicaid Under the New Federal Law." The Medicare Set Aside Bulletin, Issue #27, February 13, 2006.

Article: "CMS Releases New Policy Memorandum Regarding Medicare Part D and WCMSAs." The Medicare Set Aside Bulletin, Issue #26, January 2, 2006.

Article: “Basic Strategies for SSI Planning." NAELA Journal, Volume 1, No. 2, Fall, 2005.

Article: “Implications of the Medicaid Lien Case the Supreme Court is to Review.” Elder Law Report, December, 2005.

Article: "Florida Appeals Court Permits Medicaid Lien Recovery from Wrongful Death Claim," The Medicare Set Aside Bulletin, Issue #23, October 24, 2005.

Articles: 1) “State Must Pay its Share of Attorney’s Fees When Recovering Medicaid Lien from Liability Settlement;” 2) “U.S. Supreme Court to Address Limits on State Medicaid Lien Recovery.” The Medicare Set Aside Bulletin, Issue #22, October 10, 2005.

Article: “Bad Moon Rising: The Dark Side of Medicare Part D and Medigap.” The Colorado Lawyer, published by the Colorado Bar Association, October, 2005.

Article: “CMS Announces Policy on Treatment of Future Prescription Drug Costs in Medicare Set Aside Arrangements.” The Medicare Set Aside Bulletin, Issue #21, September 19, 2005.

Article: “A Step-By-Step Guide for Medicare Set Aside Attorneys.” The Medicare Set Aside Bulletin, Issue #20, September 5, 2005.

Article: “Basic Strategies for SSI Planning.” The Medicare Set Aside Bulletin, Issue #19, August 22, 2005.

Article: “468B Settlement Funds in Single-Plaintiff Physical Injury Settlements.” The Medicare Set Aside Bulletin, Issue #18, August 1, 2005.

Articles: 1) “CMS Releases New Answers to Frequently Asked Questions Regarding Medicare Set Aside Arrangements”; 2) "The Hidden Dangers of Pooled Medicare Set Aside Administration." The Medicare Set Aside Bulletin, Issue #17, July 18, 2005.

Article, “How to Prepare Effective Medicare Set Aside Allocations.” The Medicare Set Aside Bulletin, Issue #16, July 5, 2005.

Article, “How to Administer a Medicare Set Aside.” The Medicare Set Aside Bulletin, Issue #15, June 20, 2005.

Article, “Will The Long Arm Of Medicare Mean An End To Employee Group Health Benefits?” Elder Law Answers, http://www.elderlawanswers.com/wsb-sliced/Article.asp?ID=3858§ion=3&FirmID=1364&Template=2 , June, 2005.

Articles, 1) “Will The Long Arm Of Medicare Mean An End To Employee Group Health Benefits?”; 2) “Medicare Part D: A New Visitor At The Settlement Conference.” The Medicare Set Aside Bulletin, Issue #14, June 6, 2005.

Article, "The Basics of Medigap Insurance." The Medicare Set Aside Bulletin, Issue #13, May 6, 2005.

Article, "Bad Moon Rising: The Dark Side of Medicare Part D." Elder Law Answers, Colorado State Section, http://www.elderlawanswers.com/resources/articlelist.asp?section=7&state=CO , May, 2005.

Article, "Medigap Insurance after January 1, 2006." Elder Law Answers, Colorado State Section, http://www.elderlawanswers.com/resources/articlelist.asp?section=7&state=CO , May, 2005.

Articles, 1) "Special Issues in WC and TPL Settlements Involving Preservation of Eligibility for Multiple Public Benefit Programs: Part II," 2) "The Role of Sole Benefit Trusts in Settlement Planning," 3) "Settling a Claim for an Incapacitated Plaintiff," 4) "The SSDI Offset In Worker's Compensation Settlements." The Medicare Set Aside Bulletin, April, 2005.

Articles, 1) "Coordination of Benefits II: Planning for Medical Care After a Worker's Compensation or Third Party Liability Settlement," 2) "Federal Court of Appeals Limits Medicaid Lien Recovery in Third Party Settlement," 3) "Income Tax Advantages of Structuring Attorney Fees in Third Party Liability and Worker's Compensation Settlements," 4) "Special Issues in WC and TPL Settlements Involving Preservation of Eligibility for Multiple Public Benefit Programs: Part I." The Medicare Set Aside Bulletin, March, 2005.

Article, "If Only . . . Why You Owe it to Yourself and Your Family to Execute an Advance Medical Directive." Elder Law Answers, Colorado State Section, http://www.elderlawanswers.com/resources/articlelist.asp?section=7&state=CO ,March, 2005.

Article, “Coordination of Benefits, the ESRD Exception and Reasonably Considering Medicare's Interests,” NAMSAP News, March, 2005.

Article, "Case Note: Florida Court of Appeals Blocks Attempt to Avoid Payment of MSP Claim From Settlement Proceeds," Featured Stories/Industry News, Ringler & Associates' On-Line Newsletter, March, 2005.

Articles, 1) "Medicare Set Aside Arrangements for Future Medical Expenses in Third Party Liability Settlements," 2) “Coordination of Benefits, the ESRD Exception and Reasonably Considering Medicare's Interests,” 3) "Update on Medicare's Position Regarding Future Medical Expenses in Third Party Liability Settlements," 4) "Case Note: Florida Court of Appeals Blocks Attempt to Avoid Payment of MSP Claim From Settlement Proceeds." The Medicare Set Aside Bulletin, February, 2005.

Article, "The Use of Trusts for Medicaid Planning in Colorado." Elder Law Answers, Colorado State Section, http://www.elderlawanswers.com/resources/articlelist.asp?section=7&state=CO , February, 2005.

Article, "The Use of Annuities for Medicaid Planning in Colorado." Elder Law Answers, Colorado State Section, http://www.elderlawanswers.com/resources/articlelist.asp?section=7&state=CO , February, 2005.

Articles, 1) “Federal Appeals Court Rules on Review of Pre-OBRA ‘93 Trusts,”2) “Insurance Policies for the Elderly and Disabled,” 3) “Income Tax Advantages of Structured Attorney Fees,” 4) “Frequently Asked Questions,” 5) “Why Attorneys Should Be Paid,” The White Paper, Winter, 2004.

Articles, “Bringing HIPAA’s Provisions Regarding Medicare Fraud and Abuse to Life,” co-authored with Susan G. Haines, Esq., 4) “The Hidden Costs of Disability: Planning with Settlement Dollars,” co-authored with Susan G. Haines, Esq., 5) “CMS Addresses Industry Concerns Over How to Consider Medicare’s Interest in Workers Compensation Settlements,” co-authored with Susan G. Haines, Esq., The White Paper, Summer 2001.

Article, “Issues for the Elderly Client: Estate and Health Care Planning,” co-authored by Susan G. Haines, Esq., The Colorado Lawyer, Part I, September 2000; Part II, March 2001.

Article, “Issues for the Elderly and Disabled Client — Estate and Health Care Planning,” co-authored by Susan G. Haines, Esq., published in The Colorado Lawyer, with Part II in March 2001, and Part I in September 2000.

Article, “Defects, Due Process, and Protective Proceedings,” co-authored by Susan G. Haines, Esq., Elder’s Advisor: The Journal of Elder Law and Post-Retirement Planning, Vol. 2, No. 1, Summer 2000.

Article, “The Use of Medicare Set-Aside Trusts in Workers’ Compensation,” Florida Bar Journal, May 2000. This article was also published in New Jersey, Ohio and Connecticut.

Article, “Protecting the Disabled Individual Through the Use of a Medicare Set-Aside Trust,” co-authored by Susan G. Haines, Esq., Elder’s Advisor: The Journal of Elder Law and Post-Retirement Planning, Vol. 1, No. 4, Spring 2000.

Article, “Protecting the Disabled Individual Through the Use of a Medicare Set-Aside Trust,” co-authored by Susan G. Haines, Esq., The White Paper, Fall/Winter 1999.

Article, “The Use of Medicare Set Aside Trusts in Workers’ Compensation Settlements,” co-authored by Susan G. Haines, Esq.m The White Paper, Fall/Winter 1998.

Article, “Protecting the Disabled Individual Through the Use of a Medicare Set-Aside Trust,” co-authored by Susan G. Haines, Esq., Clearing House Review, Vol. 33, Nos. 5-6, Sept/Oct,1999.

Article, “Defects, Due Process and Protective Proceedings: Are Our Probate Codes Unconstitutional?”co-authored by Susan G. Haines, Real Property, Probate and Trust Journal, Volume 33, Number 2, Summer 1998, published by the Section of Real Property, Probate and Trust Law of the American Bar Association with the Assistance of the University of South Carolina School of Law.

Modification of “Defects, Due Process and Protective Proceedings: Is Our Probate Code Unconstitutional?” co-authored by Susan G. Haines, Esq., The Colorado Lawyer, published by the Colorado Bar Association, April 1998.

Article,“Two Trial Lawyers Respond: Medicare’s Recovery Powers” co-authored by Susan G. Haines, Esq., The White Paper, Spring 1998.

PRESENTATIONS:

“The Complete Medicare Set-Aside Training Course.” Presented over two days at:

The Double Tree Suites, Boca Raton, FL, June 10-11, 2008;

The Embassy Suites – Nashville at Vanderbilt, Nashville, TN, Sept. 18-19, 2008;

Courtyard by Marriott Ft. Lauderdale North at Cypress Creek, Ft. Lauderdale, FL, Feb. 5-6, 2009.

“The Use of Qualified Settlement Funds, Qualified Assignments and Special Needs Trusts in Physical Injury Settlements.” Presented at the 2008 NAELA Advanced Institute, InterContinental – Kansas City at the Plaza, Kansas City, MO, Oct. 25, 2008.

“Senior Law Day.” Presenter on “Medicaid and Other Public Benefits.” Sponsored by the University of Denver Sturm College of Law and the Colorado Bar Association Elder Law Section, University of Denver Sturm College of Law, Denver, CO, May 31, 2008.

“Can You Send Me A Medicare Set-Aside Trust Form?” Presented at the 2008 NAELA Symposium, Hyatt Regency Resort & Spa, Lahaina, Maui, Hawaii, May 15, 2008.

“Medicare Set-Aside Arrangements – What They Are and Why We Need Them.” Presented at the South Carolina Bar Association Convention, Charleston Place, Charleston, SC, January 26, 2008.

“Medicare Set-Aside Arrangements – What The Are and Why We Need Them.” Presented at the South Carolina Bar Association Convention, Charleston Place, Charleston, SC, January 26, 2008.

“Medicare Set-Asides – A Legal Perspective.” Presenter on “Medicare Set-Aside Arrangements in Worker’s Compensation and Third Party Liability Settlements,” “Medicare Conditional Payments and Cases of Interest,” “Special Issues in Worker’s Compensation and Third Party Liability Settlements and Supplemental Needs Trusts” and “Annuities and Structured Settlements.” Sponsored by Rehabilitation, Inc., Jackson, MS, July 12, 2007.

“Senior Law Day.” Presenter on “Disability and Long Term Care Planning in Colorado.” Sponsored by the University of Denver Sturm College of Law and the Colorado Bar Association Elder Law Section, University of Denver Sturm College of Law, Denver, CO, June 2, 2007.

“Taking Special Needs Planning to the Next Level,” presenter on “Medicare & Medicaid Liens and Medicare Set-Aside Trusts.” Sponsored by the Academy of Special Needs Planners, Marriott Evergreen Conference Resort, Stone Mountain, GA, March 24, 2007.

“Estate Planning in Colorado for Families with Special Needs.” Sponsored by the Centennial Estate Planning Council, Denver Marriott West, March 8, 2007.

“The Nuts and Bolts of Medicaid Planning,” Co-presenter on “Fundamentals of Qualifying for Medicaid” and “Understanding Transfers of Assets.” Sponsored by National Business Institute, Marriott Denver Tech Center, November 27, 2006.

“Medicare Set Aside Arrangements”, presenter on “CMS' Revised Policy Memorandum Regarding Future Prescription Medication Expenses in Medicare Set Aside Arrangements”; “Multiple Public Benefit Issues in Workers' Compensation Settlements”; “How to Administer a Medicare Set-Aside Arrangement”; and “Proposed New Federal Legislation Addressing Medicare Set-Asides”, Presented by the University of Florida and Medi-Pro Seminars, LLC, La Jolla, CA, September 9-10, 2006.

“Planning for Long Term Care: The Impact of New Medicaid Rules in Colorado.” Co-presenter on “Overview of Medicaid Changes in Deficit Reduction Act of 2005,” “Undue Hardship Administrative Appeals,” “Estate Planning and Use of Inter Vivos and Testamentary Trusts,” and “Hypothetical Case Planning.” Sponsored by Educational Services, Four Points Sheraton Hotel, Denver, CO, August 24, 2006.

“Senior Law Day.” Presenter on “Wills, Trusts and Probate in Colorado.” Sponsored by the University of Denver Sturm College of Law and the Colorado Bar Association Elder Law Section, University of Denver Sturm College of Law, June 3, 2006.

“Proposed New Federal Legislation Addressing Medicare Set-Asides.” Co-presenter, addressing the problems and concerns with HR 5309. Internet “webinar” presentation was sponsored by the National Alliance of Medicare Set-Aside Professionals (NAMSAP), May 31, 2006.

“Medicaid Update,” presenter on “Medicaid Planning with the New Regulations: Residential Planning and Annuities.” Sponsored by CLE in Colorado, Inc., Colorado Bar Association CLE, May 19, 2006.

“Medicare Set Aside Arrangements”, presenter on “CMS' New Policy Memorandum Regarding Future Prescription Medication Expenses in Medicare Set Aside Arrangements” and on “Multiple Public Benefit Issues in Workers' Compensation Settlements”, Presented by the University of Florida and Medi-Pro Seminars, LLC, Oakbrook, IL, May 4-5, 2006.

“Medicaid Update and Recent Changes in the Law.” Sponsored by the Colorado Bar Association, Elder Law Section, Denver, CO, March 16, 2006.

“Medicare Set Aside Arrangements”, presenter on “CMS' New Policy Memorandum Regarding Future Prescription Medication Expenses in Medicare Set Aside Arrangements” and on “Multiple Public Benefit Issues in Workers' Compensation Settlements”, Presented by the University of Florida and Medi-Pro Seminars, LLC, Atlanta, GA, January 21-22, 2006.

“What’s New? Workers’ Compensation Medicare Set-Aside Arrangements.” National Alliance of Medicare Set-Aside Professionals (NAMSAP) Annual Meeting and Educational Conference, Orlando, FL, November 11, 2005.

“Medicare Overview”, presented the first of a serious of 10 “webinar” sessions in a complete course on Medicare Set Aside practice. The entire course has been certified through the Commission on Health Care Certification for the 30 hours of advanced training necessary in order to sit for the Medicare Set-Aside Consultant Certified (MSCC) credential. The Internet presentation was sponsored by the National Alliance of Medicare Set-Aside Professionals (NAMSAP), July 1, 2005.

“Elder Care in Colorado: Legal and Financial Issues”, presenter on “Estate Planning When a Spouse is Confronting Health Issues”, “Asset Protection for Seniors”, “Qualifying for Medicaid Long-Term Care Programs” and “Preserving Family Assets When Qualifying for Medicaid”, presented by National Business Institute, Double Tree Hotel, Denver, Colorado, December 13, 2004.

“Everything You Wanted to Know About Elder Law Without Going to Law School”, host and presenter on “Guardianships and Conservatorships”, Presented by Delta-Montrose Home Health Services, Delta County Memorial Hospital and Haines & Campbell, P.C., May 7, 2004.

“Everything You Wanted to Know About Elder Law Without Going to Law School”, presenter on “Guardianships and Conservatorships”, Presented by University of Denver College of Law Institute for Advanced Legal Studies and Haines & Campbell, P.C., March 29, 2004.

“Multifarious Days of Learning Training in Denver, CO”, presenter on “Guardianships and Conservatorships” and “Special Needs Trusts”, Presented by the University of Missouri, April 27, 2004.

“Medicare Set Asides”, presenter on “Medicare Set Aside Trusts, a Historical Perspective” and on “Submission of Medicare Set Asides from a Lawyer’s Perspective”, Presented by the University of Florida and Medi-Pro Seminars, LLC, New Orleans, LA, June 20-22, 2003.

“Settlement Trusts Workshop – Everything You Need To Know About Settlement Trusts”, presenter on “Medicare Set Aside Trusts” and “Special Needs Trusts”, Presented by First Capital Surety, Milwaukee, WI, June 12, 2003.

“Everything You Wanted to Know About Elder Law Without Going to Law School”, presenter on “Estate Planning Basics”, Presented by University of Denver College of Law Institute for Advanced Legal Studies and Haines & Campbell, P.C., April 25, 2003.

“Issues Involving Public Benefit Eligibility in the Context of Personal Injury and Workers’ Compensation Settlements”, presenter on “Preserving SSI And Medicaid Eligibility” and “Reasonably Considering Medicare’s Interest In Workers’ Compensation Settlements – The Medicare Set Aside Trust”, Presented by Wilkins, Stephens & Tipton, P.A., Jackson, MS, on May 15, 2002.

“Reasonably Considering Medicare’s Interest In Workers’ Compensation Settlements – in the Context of Physical Injury Settlements”, New Orleans, LA, May 16, 2002.

“The Medicare Set Aside Trust”, Presented by the Mississippi Workers’ Compensation Commission, Jackson, MS, on January 25, 2002.

“Medicare's Interest in Workers' Compensation Settlements”, presenter on “Medicare Secondary Payer (MSP) - Why Medicare Remains Secondary Even After Your Workers' Compensation Case Settles”, Presented by Colorado Bar Association, June 29, 2001.

“Colorado Elder Law: Getting Your Client’s Affairs In Order”, presenter on “Medicare HMO Appeals”, Presented by PESI, November, 1997.

Mr. Campbell has also appeared on the Tom Martino Troubleshooter Weekend radio broadcast on KHOW radio (630 AM) in Denver, Colorado; and has also been a regular presenter at the Interdisciplinary Institute at the University of Denver College of Law.

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