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April Wrap-up: Medicaid, O.J.’s will and AI-generated songs

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It’s the end of April and this month’s hot topics were Medicare, celebrity deaths, and the AI-generated songs by deceased artists.

Medicaid/ Medicare Coverage

It’s been a busy month for Medicaid and Medicare. Here’s what you missed:

The Ensuring Access to Medicaid Services (Access rule) final rule is scheduled to be published May 10, 2024. The rule addresses dimensions of access across both Medicaid FFS and managed care delivery systems, including HCBS. For a breakdown of the final rule, check out the Centers for Medicare & Medicaid Services article.

A Yale study warns that proposed Medicaid changes including increasing the eligibility age for Medicare from 65 to 67 and adding a work requirement for Medicaid coverage, could lead to thousands of deaths.

Earlier this month Centers for Medicare & Medicaid Services (CMS) released another Medicare Program final rule. This new rule limits third-party marketers’ ability to share and sell data and Medicare leads to insurance carriers, brokers and other TPMO’s.

Celebrity Wills

O.J. Simpson died of of prostate cancer at the age of 76 on April 10, 2024. After his death, there were multiple calls for Simpson’s brain to be donated for research on CTE, a degenerative brain disease linked to football players. But, O.J.’s executor and long time attorney told news outlets that the plan is to cremate his entire body. The executor of the estate also said that he will fight to prevent the payout of a $33.5 million judgment awarded to the families of his ex-wife Nicole Brown Simpson and her friend Ron Goldman.

With the rise of AI, a new trend is emerging in celebrity wills- restrictions on the use of their voice. The idea isn’t completely new. Celebrities, like Robin Williams, have included stipulations in their estate plans that prevent the use of their likeness for certain periods of time. Meghan Trainor recently told a reporter that her will now includes provisions against the use of her voice. This follows an internet trend of using AI technology to create “deep fake” content. More recently, the trend has been used to create songs using AI-generated celebrity voices of artists both alive and deceased. Earlier this month, the Estate of Tupac Shakur threatened to sue Drake over the use of an AI generated version of the late rapper’s voice. The song, a diss track against Kendrick Lamar, is called “Taylor Made” and includes fake, AI generated verses from both 2pac and Snoop Dogg. The estate claims this is a violation of the estate’s legal rights over the likeness and image of Tupac. Drake later took down the song.

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Robert B. Fleming

Attorney

Robert Fleming is a Fellow of both the American College of Trust and Estate Counsel and the National Academy of Elder Law Attorneys. He has been certified as a Specialist in Estate and Trust Law by the State Bar of Arizona‘s Board of Legal Specialization, and he is also a Certified Elder Law Attorney by the National Elder Law Foundation. Robert has a long history of involvement in local, state and national organizations. He is most proud of his instrumental involvement in the Special Needs Alliance, the premier national organization for lawyers dealing with special needs trusts and planning.

Robert has two adult children, two young grandchildren and a wife of over fifty years. He is devoted to all of them. He is also very fond of Rosalind Franklin (his office companion corgi), and his homebound cat Muninn. He just likes people, their pets and their stories.

Elizabeth N.R. Friman

Attorney

Elizabeth Noble Rollings Friman is a principal and licensed fiduciary at Fleming & Curti, PLC. Elizabeth enjoys estate planning and helping families navigate trust and probate administrations. She is passionate about the fiduciary work that she performs as a trustee, personal representative, guardian, and conservator. Elizabeth works with CPAs, financial professionals, case managers, and medical providers to tailor solutions to complex family challenges. Elizabeth is often called upon to serve as a neutral party so that families can avoid protracted legal conflict. Elizabeth relies on the expertise of her team at Fleming & Curti, and as the Firm approaches its third decade, she is proud of the culture of care and consideration that the Firm embodies. Finding workable solutions to sensitive and complex family challenges is something that Elizabeth and the Fleming & Curti team do well.

Amy F. Matheson

Attorney

Amy Farrell Matheson has worked as an attorney at Fleming & Curti since 2006. A member of the Southern Arizona Estate Planning Council, she is primarily responsible for estate planning and probate matters.

Amy graduated from Wellesley College with a double major in political science and English. She is an honors graduate of Suffolk University Law School and has been admitted to practice in Arizona, Massachusetts, New York, and the District of Columbia.

Prior to joining Fleming & Curti, Amy worked for American Public Television in Boston, and with the international trade group at White & Case, LLP, in Washington, D.C.

Amy’s husband, Tom, is an astronomer at NOIRLab and the Head of Time Domain Services, whose main project is ANTARES. Sadly, this does not involve actual time travel. Amy’s twin daughters are high school students; Finn, her Irish Red and White Setter, remains a puppy at heart.

Famous people's wills

Matthew M. Mansour

Attorney

Matthew is a law clerk who recently earned his law degree from the University of Arizona James E. Rogers College of Law. His undergraduate degree is in psychology from the University of California, Santa Barbara. Matthew has had a passion for advocacy in the Tucson community since his time as a law student representative in the Workers’ Rights Clinic. He also has worked in both the Pima County Attorney’s Office and the Pima County Public Defender’s Office. He enjoys playing basketball, caring for his cat, and listening to audiobooks narrated by the authors.