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Medicaid Planning

Babette Bach Esq. will be a keynote speaker for the Healthsouth Rehabilitation Hospital of Sarasota at the 2014 Stroke Conference “Taking The Lead” in honor of National Stroke Awareness Month

By Firm News, Health, Medicaid Planning, Veterans Affairs

Babette Bach Esq. will be a keynote speaker for the Healthsouth Rehabilitation Hospital of Sarasota at the 2014 Stroke Conference “Taking The Lead” in honor of National Stroke Awareness Month.

Ms. Bach’s presentation on “The New Medicaid and VA Benefits 2014” will take place from 12:45 – 1:45pm.

LOCATION: Healthsouth Rehabilitation Hospital of Sarasota, 6400 Edgelake Drive, Sarasota, FL. 34240.
DATE: Saturday, May 3rd, 2014.
TIME: 7:30am to 4:00pm.

To register for this conference, please call: 941-921-8795 or go online: www.healthsouthsarasota.com. Deadline for registration is April 26th, 2014.

April 4, 2014
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Statewide Medicaid Managed Care Rollout for Manatee County, Florida

By Medicaid Planning

On February 1, 2014, the new Medicaid reform called “Statewide Medicaid Managed Care” is going to roll out for Manatee County.  The Agency for Healthcare Administration will send an instructional packet to all Medicaid recipients to explain how to select a Managed Care Provider.  There will be an enrollment deadline date and a date which the plan will begin.

For those people already receiving services through a Managed Care Provider, you can choose to stay with the same plan or you can elect to change your provider.

You will be able to select a long term care provider from the five providers who have been contracted to serve Manatee County: American Eldercare, Inc., Coventry Health Plan, Molina Healthcare of Florida, Inc., Sunshine State Health Plan or United Healthcare of Florida, Inc.    Please contact the assisted living or nursing home business office to confirm that they have a contract with the plan of your choice.  

After a person is enrolled with a Managed Care Provider plan, he or she will be assigned a care coordinator/ case manager who will meet with them to perform an assessment, develop a plan of care, and assist them in obtaining appropriate care.

March 28, 2014
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When to start planning for Medicaid and Long Term Care

By Estate Planning, Long-Term Care, Medicaid Planning

Question:     I am interested in doing Medicaid planning for potential future long term care costs, but I don’t know for sure that I’ll even need skilled nursing care or long term care.  Should I start the Medicaid planning process ahead of time or wait until I need the nursing home care to make the plans?

Answer:    Because there is a look back period, there are risks to waiting until a crisis hits to plan for Medicaid.  It is more advantageous to make an appointment with an elder law attorney to evaluate your situation, income, and assets at the outset of a gradual condition that may cause you to eventually need long term care.  Babette Bach is a Florida Board Certified Elder Law Attorney and an expert in public benefits and asset protection planning.  Call Bach & Jacobs today at (941) 906-1231 to make an appointment for a consultation with her.

March 21, 2014
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Babette Bach Esq. will be a keynote speaker at “Costs Considerations in Caring for Persons with Dementia throughout the End of Life” for the Pines Education Institute

By Firm News, Health, Medicaid Planning

Babette Bach Esq. will be a keynote speaker for the Pines Education Institute at a workshop entitled:

“Costs Considerations in Caring for Persons with Dementia throughout the End of Life”.

LOCATION: The University of South Florida, Sarasota-Manatee.
DATE: Friday, March 14th, 2014
TIME: 8am to noon.

You can reserve a seat at this free workshop online at www.pinesofsarasota.org/education-institute/programs-edu.html, or by calling JoAnn Westbrook, Director of the Pines Education Institute at 365-0250, Ext. 1114.

March 10, 2014
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How do I benefit from setting up a QIT or Qualified Income Trust for Florida Medicaid – and what is it?

By Estate Planning, Medicaid Planning

Question: How do I benefit from setting up a QIT or Qualified Income Trust for Florida Medicaid – and what is it?

Answer: A Qualified Income Trust is commonly called a QIT or a Miller Trust.  It is necessary under Florida Medicaid law when the Medicaid applicant for skilled nursing home care or Medicaid diversion has gross monthly income of $2,163 or greater. (2014 figures).

When set up properly, this irrevocable trust enables a person to deposit income into a trust account each month.  The money in the QIT account will not be counted as an asset for Medicaid or Long Term Care Benefits eligibility.  However all monies deposited into the QIT can only be used to pay for the applicant’s medical expenses, care costs and spousal or other court ordered support.  The goal of the QIT is to secure all of the income for medical necessities and spousal support and to provide a Medicaid lien on the account upon the passing of the applicant.

Only an attorney is licensed to draft an irrevocable QIT.  Once established the trustee needs to be advised as to how to set up and correctly fund the account.  If the QIT account is not correctly funded, the applicant will be either denied or disqualified from receiving Medicaid.  These accounts are monitored by the Florida Department of Children and Families and the trustee must produce all bank statements, proof of gross income and receipts for all disbursements.  Be careful to save all records.

Upon the death of the Medicaid applicant, Medicaid has a lien on all assets remaining in the QIT and the trustee is responsible to satisfy this lien and to provide documentation.  This is another time that professional assistance is recommended.

For this reason, it is often recommended that board certified elder law attorney is consulted. It is also worth noting that this type of trust is irrevocable which means it cannot be cancelled and any funds remaining in the account at the time of your death are paid to the State up to the value of benefits paid out to you.

Please call us at (941) 906-1231 to schedule an appointment for assistance with Medicaid planning.

February 11, 2014
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Prior Planning for Long Term Care Costs

By Asset Protection Planning, Long-Term Care, Medicaid Planning

Question:    I am interested in doing Medicaid planning for potential future long term care costs, but I don’t know for sure that I’ll even need skilled nursing care or long term care.  Should I start the Medicaid planning process ahead of time or wait until I need the nursing home care to make the plans?

Answer:    Generally anyone who feels they have inadequate assets to pay for skilled nursing care should consider planning in advance.  Skilled care costs average approximately $8,000 a month in Sarasota County.  Because there is a 60-month look back period, there are risks to waiting until a crisis hits to plan for Medicaid.  It is more advantageous to make an appointment with an elder law attorney to evaluate your situation, income, and assets at the outset of a gradual condition that may cause you to eventually need long term care.  Babette Bach is a Florida Board Certified Elder Law Attorney and an expert in public benefits and asset protection planning.  Call Bach & Jacobs today to make an appointment for a consultation with her.

January 10, 2014
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Income Tax Refunds and Medicaid Qualification

By Medicaid Planning, Tax Law

Question:  If I receive a federal income tax refund, could the income from the refund disqualify me for Medicaid?

Answer:    No, the income you receive from a federal income tax refund, even if it is a ‘refundable’ income tax credit (liked the Earned Income Tax Credit), is not counted as income for purposes of Medicaid eligibility.  The Medicaid rules, section 1640.0593 Assets Excluded by Federal Law, states: “Federal income tax returns, including refundable tax credits (EITC and Child Tax Credit) and over-withholding (tax refunds) are excluded as income and assets in the month of receipt and will continue to be excluded as an asset for 12 months from the date of receipt”.  Therefore, reporting the receipt of the tax refund to the Department and Children and Families is not necessary.

November 12, 2013
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What if I have PCIP coverage?

By Health, Medicaid Planning, Medicare

Coverage through the federal Pre-Existing Condition Insurance Plan (PCIP) ends December 31, 2013. PCIP will not pay for any medical services after December 31, 2013. You must enroll for new coverage between October 1at and December 15, 2013. If you enroll after December 15, your coverage can start no earlier than February 1, 2014.

When the health care law was signed in 2010, it created PCIP as a temporary program. PCIP made health coverage available to uninsured people with pre-existing conditions until key parts of the law took effect.

Starting in 2014, health insurance companies can no longer deny you coverage or charge you more because of your health condition. On October 1st the new choices for health coverage will be available. You can get coverage in the individual market, through your employer, or from public programs like Medicaid and the Children’s Health Insurance Program (CHIP).

PCIP enrollees have new options.

Every state has a Health Insurance Marketplace, where you can learn whether you qualify for lower costs based on your household size and income. All Marketplace insurance plans offer the same essential health benefits and cover treatment for pre-existing health conditions. For Florida you can enroll by going to www.healthcare.gov.

You have other options for buying new health coverage. You can buy a plan on your own from a licensed health insurance company, or enroll in a job-based plan. But in order to get lower costs based on your income, you must buy your plan through the Marketplace.

You must take action to get new coverage. PCIP coverage does not automatically convert to a Marketplace plan.

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

October 31, 2013
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How to Put a Loved One on the Medicaid Waitlist

By Medicaid Planning

 Effective August 2013, the CARES department within the Department of Elder Affairs is no longer accepting referral calls to place a loved one on the long term care Medicaid programs for those at home or in an assisted living facility.

The procedure now requires you to contact your local Area Agency on Aging (AAA) to place the referral call. For Sarasota County, contact Senior Choices at 239-652-6900 or 800-963-5337. For Manatee County, contact 800-336-2226.

The Area Agency on Aging is taking approximately 3-5 weeks to respond to the referrals and conduct telephone interviews to assess the applicant. We offer our clients advice on this process to facilitate their obtaining a fair rating and scoring for the waitlist.

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

October 13, 2013
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