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Medicaid Planning

What is Medicaid?

By Medicaid Planning

Medicaid is a joint federal and state program that provides health coverage to millions of low-income individuals and their families across the nation. Medicaid  is the single largest source of health coverage in the United States and, although Medicare is the primary medical coverage provider for the elderly, the Medicare and Medicaid programs work together to provide medical coverage to senior citizens. Florida Medicaid provides a broad level of health insurance that covers services including, but not limited to: doctor’s visits, hospital visits, home health care, hospice, nursing home services, dental services, vision services and prescription drugs. Both the state and the federal government share the cost of the Medicaid program. In Florida, Medicaid services are administered by the Agency for Health Care Administration. If you think that you may qualify for Medicaid, you can apply at: http://www.myflorida.com/accessflorida/ .

The skilled attorneys at Bach & Jacobs specialize in Medicaid Planning, so if you need assistance or have any questions, please contact our office at (941) -906-1231.

August 25, 2017
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Medicare vs. Medicaid: What are you eligible for?

By Medicaid Planning, Medicare

Medicare is a federally funded program for which most U.S. citizens and permanent legal residents over the age of 65 who have lived in the country for over five years are eligible for. Medicaid, among other things, supports individuals and families by covering costs associated with both medical and long-term custodial care for those who qualify. Eligibility for Medicaid is means-based, and the program has strict asset and income eligibility requirements that vary from state to state. For more information on current qualification requirements, individuals should visit Medicaid.gov. Additionally, Babette Bach is a Board Certified Elder Lawyer and can assist you with your questions about public benefits and qualifications for Medicaid.

August 4, 2017
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What is a Pooled Trust?

By Asset Protection Planning, Government Benefits, Medicaid Planning

A first-party supplemental needs trust is created to allow disabled persons to receive the benefit of their funds in a trust while still qualifying for and receiving government benefits. An alternative to this trust is a pooled trust. A pooled trust is created by a non-profit organization, and individual beneficiaries can create accounts within the trust.

By pooling the assets of disabled persons, the organization can manage one master trust and maximize the benefits for the beneficiaries. The non-profit can make more stable investments and provide more services than a normal supplemental needs trust.

Most people with special needs join a pooled trust when they do not have anyone to create a first-party supplemental needs trust for them. And just like a first-party supplemental needs trust, a pooled trust is used for people to qualify for and remain eligible to receive government benefits, such as Medicaid and SSI.

A couple advantages of a pooled trust are the low costs and the fact that the funds will be used to help others with disabilities.

If you have further questions on this topic, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.

April 14, 2017
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Aid and Attendance Pension vs. Medicaid Compensation

By Government Benefits, Medicaid Planning, Veterans Affairs

It is imperative that veterans  take time to choose which government program best suits their needs. According to Paying for Senior Care, these are the 2016 costs for both programs.

Program Medicaid VA Aid and Attendance
Other names Medi-Cal, Mass Health Homebound, Basic Improved Pension
Regulation State Level Federal Level
2016 Income Limits $2,199/month (for individual) $1,788/month (for individual)
Application Approval Time 2-3 month 6-12 months
Best Suited For Nursing Home Care Home Care or Assisted Living

 

March 17, 2017
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Big Improvements Coming To Florida’s Medicaid Long-Term Care Program

By Long-Term Care, Medicaid Planning

I’m thrilled to report a landmark settlement which will improve the quality and quantity of home care services for Medicaid enrollees receiving home and community based services. Congratulations to attorney Nancy Wright of Gainesville, Florida (lead Counsel), Disability Rights Florida and Southern Legal Counsel.

Under the Settlement Agreement, health plans that administer Medicaid long-term care services will be “required to provide an array of home and community-based services that enable enrollees to live in the community and to avoid institutionalization”.

The Settlement Agreement also states, among other things, that AHCA will:

  • Adopt rules that set out requirements for coverage of long-term care services
  • Require a new assessment procedure that takes into account the availability, willingness and ability of voluntary caregivers.
  • Amend their contract with health plans to ensure compliance with these rules
  • Require changes to health plan member handbooks to clarify enrollee rights and how to file consumer complaints
  • Train (or re-train) health plans, hearing officers, AHCA staff and others on the new requirements
  • Monitor case managers on how assessments are being done
  • Use enrollee surveys that ask about sufficiency of services

The agreement impacts all six health plans now operating in Florida to provide Medicaid services through the Long-Term Care Program: Coventry/Aetna, Humana, Sunshine Health, Molina, United Healthcare and Amerigroup.

Should you have any questions regarding this topic or any other Medicaid related enquiry, please contact our office on 941-906-1231 to schedule an appointment to meet with one of our attorneys.

January 27, 2017
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What are Medicaid’s Asset Transfer Rules?

By Asset Protection Planning, Government Benefits, Medicaid Planning

Transferring one’s assets prior to applying for Medicaid can create several problems. The government does not want individuals transferring all of their assets to children and relatives in order to qualify for Medicaid. Thus, Congress has put in place rules and penalties for transferring assets.

Some transfers that are deemed inappropriate by Medicaid include refusing to take an inheritance that is left to you, adding a person’s name to an asset, selling an asset for less than its fair-market value, and purchasing non-Medicaid compliant annuities.

The penalty period is determined by dividing the amount transferred by the average private cost of a nursing home in your state, so determined by Medicaid.

When applying for Medicaid, individuals must disclose all transactions during a period of time called the “look-back period.” As of 2005, the Deficit Reduction Act increased this period from 3 to 5 years.

Recipients of financial transfers who are exempt from Medicaid penalties include a spouse, a disabled child, a trust for the benefit of a disabled child, and a trust for a disabled individual under 65. And exemptions also apply to the transfer of a home. You may transfer your home without the fear of penalties to your spouse, a child under the age of 21 who is disabled, a sibling who has lived in the home and holds an equity interest, and a “caretaker child.” A caretaker child is a child of the applicant who lived in the house for at least 2 years prior to the applicant’s nursing institutionalization and provided care for the applicant.

Please contact our office to schedule an initial consultation for any of your Medicaid Planning, Estate Planning, or Veterans Benefits needs.

December 30, 2016
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Assisted living residents receive support from Medicaid

By Long-Term Care, Medicaid Planning

Unlike nursing homes, assisted living facilities are housing options for individuals who are able to live independently but need some assistance. Another distinction between the two is that there is no requirement that Medicaid pay for assisted living facilities. But as of May 2016, 46 states and Washington D.C. have provided some sort of assistance to assisted living residents.

According to the website Paying for Senior Care, Florida has eliminated Home and Community-Based Waivers (HCBS Waivers) and now covers assisted living through the Statewide Managed Medicaid Care – Long Term Care.

December 2, 2016
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Is the conveyance of a Lady Bird deed an improper gift if made during the Medicaid “look-back” period?

By Asset Protection Planning, Estate Planning, Medicaid Planning

When applying for Medicaid, the government will review transfers the applicant made during a so-called “look-back” period, which includes the assets you’ve given away during the previous years. Giving away property to relatives and loved ones could compromise your eligibility for receiving benefits. However, by signing a Lady Bird deed, you are not required to disclose these transfers to Medicaid.

October 28, 2016
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What is the Medicaid Estate Recovery Program?

By Estate Planning, Government Benefits, Medicaid Planning

If individuals receive Medicaid benefits during their lifetimes, Medicaid may have a claim against their estates for any amount spent on the recipient. This is called the Medicaid Estate Recovery program. The program, which operates on a state and federal level, is designed to recover the assistance payments from the assets in the estate.

Estate recovery applies to anyone who received government benefits and were age 55 years or older at the time of their death. The law requires that the personal representative or attorney of the estate send a copy of the death certificate to the Agency for Health Care Administration to determine whether Medicaid provided assistance. If so, a claim is then filed with the probate court.

The main targets of this program are nursing home residents who were also Medicaid recipients during their lifetime. If the Medicaid recipient leaves behind a spouse, a child under the age of 18, or a blind/disabled child, the estate recovery does not apply.

Bach & Jacobs, P.A. provides assistance to personal representatives and trustees who are responsible for administering estates and trusts. If you have been named as a personal representative or trustee for someone who has recently died, contact our firm for a consultation with one of our attorneys.

October 11, 2016
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What is an elder law attorney?

By Elder Law, Estate Planning, Guardianship, Medicaid Planning, Medicare, Probate, Tax Law

An elder law attorney, also known as an elder care attorney, is familiar with the state and federal laws that impact seniors and their well-being.

These attorneys are well-versed and specialize in a range of areas:

  • Estate planning
  • Powers of attorney
  • Medicaid
  • Medicare
  • Veterans benefits
  • Probate and trust administration
  • Nursing homes
  • Elder abuse and fraud

Elder law attorneys allow you to plan ahead. By meeting with an elder law attorney and setting up documents, you can protect your assets, properly pass your estate to heirs, and name individuals to make health care and financial decisions for you when you are unable.

If you have further questions or wish to set up documents, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.

September 30, 2016
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