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Medicaid attorney Sarasota

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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Special Needs Trust Fairness Act

By Asset Protection Planning, Government Benefits

Yesterday a historic bill was signed into law by President Obama.  It allocates over $1 billion to fund Alzheimer’s research to find a cause and a cure, and methods of prevention.  Since so many of our elderly we serve and their families are devastated by this terrible disease, we have been given hope that the necessary amount of attention has been given by this bipartisan legislation to address this issue which left unchecked, could overwhelm our institutional care programs and service delivery infrastructure.

In addition it immediately gives a disabled individual, who is legally competent, the right to establish their own self- funded d4A Special Needs Trust.  This is a trust which exempts assets from being considered by Medicaid.  However all self- settled special needs trust are subject to a Medicaid payback on the death of the beneficiary.  This will end the foolish waste of time getting an elderly parent or a court to establish an individual SNT for a person who could do so himself or herself, but for the mistake made in the original OBRA ’93 act that left out the word “individual.”

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

December 14, 2016
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Florida’s Medicaid Penalty Factor to Increase Effective June 1, 2016 by Babette B. Bach, Esquire, Sarasota, Florida

By Elder Law, Estate Planning, Medicaid Planning

As of June 1, 2016 the Department of Children and Families has amended their Medicaid rules to increase the penalty divisor for uncompensated transfers (i.e. gifting) from $8,346 to $8,662. This new penalty divisor reflects the estimated monthly average cost of skilled nursing home care in the state of Florida. Any transfer for less than fair market value made within 60 months (5 years) of applying for Medicaid will be subject to a penalty. For example, if someone gifted $86,620 within the 60 months, it would result in 10 months of ineligibility for Medicaid.
Anyone who anticipates needing to apply for Medicaid for skilled nursing home care costs should avoid gifting and should not gift without consulting with a board certified elder law attorney. It may be possible to avoid this penalty with good planning.
Contact our office to schedule an initial consultation for any of your Medicaid Planning, Estate Planning, or Veterans Benefits needs.

Babette B. Bach, Esquire, Board Certified Elder Law
Bach & Jacobs, P.A.
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
941-906-1231
941-954-1185 facsimile
www.bachjacobs.com

May 24, 2016
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