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
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
Our own Babette Bach was quoted in a recent story by Sarasota Herald Tribune reporter Barbara Peters Smith about the privatization of Medicaid.
Read it here: http://www.heraldtribune.com/article/20140627/ARTICLE/306279989/2055/NEWS?template=printpicart
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
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.
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.
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.
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.
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.
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.
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