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Medicaid Planning

Who Can Help Me with Medicaid Planning?

By Elder Law, Medicaid Planning

A January 15, 2015 ruling by the Florida Supreme Court makes it illegal for a non-lawyer to provide services assisting in Medicaid planning. The decision classifies the following actions as the unlicensed practice of law:

  • Giving legal advice regarding the implementation of Florida law to obtain Medicaid benefits.
  • Drafting personal services contracts.
  • Preparing and executing qualified income trusts.

Any of the above offenses are punishable by five years in prison. Additionally, anyone who receives the services listed above from a non-lawyer is considered to be aiding and abetting a crime.

Helping someone fill out their Medicaid application is not considered to be in violation of Florida laws. It is advice given before the application is filed by non-attorneys which has been criminalized.

If you are in need of Medicaid planning services, contact our Florida Board Certified Elder Law Attorney, Babette Bach, Esq. at (941) 906-1231 to discuss whether you or your loved one would benefit from asset protection planning.

June 9, 2015
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Qualified Income Trusts

By Asset Protection Planning, Medicaid Planning

Qualified income trusts (QITs) can be used to help a person qualify for Medicaid whose gross income before any deductions is above the limit to qualify for Medicaid long-term care services.  The current income limit for Medicaid long-term care services (in 2015) is $2,199 per month.  This type of trust agreement must be irrevocable and must be approved by the Department of Children and Families’ legal office.  Deposits must be made into your QIT each month you wish to qualify for Medicaid.  After the account holder’s death, the funds remaining in the QIT will be used to pay back Medicaid up to the amount received and used for long term care.

If you have questions about qualifying for Medicaid to help pay for long term care, contact our Florida Board Certified Elder Law Attorney Babette Bach, Esq. at (941) 906-1231.

 

 

March 25, 2015
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Babette Bach Esq. To Speak On The Unlicensed Practice Of Law And Medicaid

By Elder Law, Firm News, Medicaid Planning

Babette Bach Esq. will be a speaker at the Florida Health Care Assoc. District VI meeting.
Ms. Bach’s presentation will be on the “Unlicensed Practice of Law & Medicaid Planning”

LOCATION: Tidewell Hospice Building, 5955 Rand Boulevard, Sarasota FL. 34240.
DATE: Thursday, January 22nd, 2015.
TIME: 12pm.

For the recent Supreme Court ruling on Medicaid planning by non-lawyers (January 15, 2015),
please click this link: http://www.floridasupremecourt.org/decisions/2015/sc14-211.pdf

January 22, 2015
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Negative Effect of Florida’s Refusal to Expand Medicaid Health Insurance

By Elder Law, Medicaid Planning

Question: Is Florida losing out because the state government won’t expand Medicaid health insurance under the Affordable Care Act?

Answer: Without getting too political on this hot button topic, the statistics speak for themselves. 1,000,000 Florida residents would benefit from Medicaid expansion in the state. And the inability of low income employees to get private health insurance will cost Florida employers between $145.7 million and $218.6 million in penalties. These penalties on employers would be avoided if these employees were eligible for Medicaid, which they would have been if Florida had expanded Medicaid. This is according to the Orlando Business Journal: http://www.bizjournals.com/orlando/print-edition/2013/05/17/how-to-expand-medicaid-save-florida.html?page=all

November 11, 2014
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AHCA Issuing New Increased Penalty Divisor for Medicaid

By Government Benefits, Medicaid Planning

The State of Florida Agency for Health Care Administration (AHCA) confirmed an expected increase in the 2014 average private pay daily rate for nursing home care.  The new number is $262.14, an increase from $250.42 last year.  This means the estimate of the new penalty divisor for Medicaid is expected to be about $7,995.00. It will take DCF several months to process the rule change implementing the new penalty divisor.  You can read a draft copy of the AHCA study here: http://origin.library.constantcontact.com/download/get/file/1110588872530-130/2014+Private+Pay+Rate+as+determined+by+AHCA.pdf

 

July 8, 2014
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Florida Increases Medicaid Personal Needs Allowance

By Government Benefits, Medicaid Planning

The State of Florida has enacted a new law that will increase the Personal Needs Allowance for Medicaid recipients from $35.00 to $105.00, the first increase in the history of the Medicaid Institutional Care Program in the state.  The increase will become effective on July 1, 2014. The increase is in line item #239 in the General Appropriations Act (HB 5001), which was not among the line items vetoed by the Governor.  $14,189,102 from the General Revenue Fund and $21,246,910 from the Medical Care Trust Fund are provided to increase the PNA for residents in institutional settings.

July 1, 2014
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Do You Automatically Receive Medicare Part D If Approved for Medicaid in Florida?

By Medicaid Planning, Medicare

Q:  Do I automatically receive Medicare Part D if I am approved for Medicaid in Florida?

A:  Medicare Part D now pays for prescription drug coverage for all Medicaid recipients.  However, it is not immediate or automatic even if you are notified of Medicaid approval.  Upon approval of Medicaid, you must apply for a Medicare D plan, which will be paid for by Medicaid.  If you are moving into a facility, such as assisted living or nursing home, you should contact the facility to find out which Medicare D prescription drug plan they recommend.  For additional information and assistance, you can contact the Department of Elder Affairs SHINE program, which provides free unbiased insurance counseling to Florida seniors, caregivers, and family members regarding Medicare, Medicaid, and other health care issues.  The Elder Helpline is 1-800-96-ELDER (1-800-963-5337).

April 17, 2014
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Do I Need a Lawyer to Help Me with my Medicaid Application?

By Elder Law, Medicaid Planning

Q: When do I need an attorney or lawyer to help me with a Medicaid application?

A:  You should seek the help of a licensed attorney who is experienced in Medicaid planning to learn about your qualification for Medicaid under Florida law.  An advisory opinion has been submitted to the Florida Supreme Court that finds it constitutes the unlicensed practice of law for a nonlawyer to render legal advice regarding the implementation of Florida law to obtain Medicaid benefits.  While federal law authorizes nonlawyer assistance in the application process, it is not advisable for you to pay a nonlawyer give you legal advice about your qualification for Medicaid, to draft a personal service contract and to determine the need for, prepare, and execute a qualified income trust including gathering the information necessary to complete the trust.  Contact Babette Bach, a Florida Board Certified Elder Law Attorney, to set up an appointment to review whether you may qualify Medicaid. To learn more about the full opinion submitted by the Standing Committee on Unlicensed Practice to the Florida Supreme Court, click on this link to the Florida Bar website.

April 11, 2014
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2014 Florida ICP Medicaid Figures for Skilled Nursing Care

By Long-Term Care, Medicaid Planning

Question: What are the new 2014 Florida ICP Medicaid Figures for Skilled Nursing Care?

Answer: Some ICP Medicaid eligibility figures for seniors in need of long term care are tied to inflation. The Centers for Medicare and Medicaid Services just released the 2014 figures:

Single Applicant Resource Allowance: $2,000

Institutional Spouse Resource Allowance: $2,000

Maximum Community Spouse Resource Allowance: $117,240
(Note a Florida primary residence and one vehicle are exempt assets)

Minimum Monthly Maintenance Needs Allowance: $1,938.75

Maximum Monthly Maintenance Needs Allowance (this is the maximum spousal diversion allowed): $2,931

If you need legal advice for Medicare or Medicaid planning, estate planning, probate and trust administration or VA benefits, please contact our office for an initial consultation at (941) 906-1231.

April 8, 2014
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