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January 15, 2013
UPL public hearing on Medicaid set

The Standing Committee on the Unlicensed Practice of Law will hold a public hearing on February 22 at the Sheraton Tampa East, 10221 Princess Palm Ave., Tampa 33610, at 9:30 a.m., to receive testimony on whether it constitutes the unlicensed practice of law for a nonlawyer to engage in the following Medicaid planning activities leading up the Medicaid application: 1) preparation of personal service contracts; 2) preparation and execution of qualified income trusts; or 3) rendering legal advice regarding the implementation of Florida law to obtain Medicaid benefits. The preparation of the application for Medicaid benefits is not being considered.

A full copy of the opinion request is on the Bar’s website, www.floridabar.org. You may also send a request for a copy to The Florida Bar, UPL Dept., 651 E. Jefferson St., Tallahassee 32399-2300, or jpicker@flabar.org. Written testimony may be sent to the same mailing or e-mail address before the hearing.

The hearing is the first step in the UPL formal advisory opinion process. After the hearing the committee will decide whether to issue a proposed opinion. The committee has not debated or reached a decision on any of the questions. The committee does not have to issue a proposed opinion after the hearing. Any proposed opinion by the committee is advisory only.

[Revised: 12-21-2014]