Charlie Robinson Florida Elder Law Attorney




410 South Lincoln Avenue
Clearwater, Florida 33756-5826
Phone: 727.441.4516 Fax: 727.447.7578
E-mail:
elderlaw@charlie-robinson.com
 
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Medicaid

 

 

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Changes and Opportunities Common Mistakes in Florida Medicaid Asset Protection Planning

Medicare and Medicare HMO's do a pretty good job of covering health care needs for acute illness.  These programs do next to nothing for chronic illness.  Thus heart attacks, cancer, and other acute illness treatments costing hundreds of thousands of dollars leave little for the patient to pay while chronic illness such as Alzheimer's disease, Parkinson's disease, Lou Gehrig's disease (ALS), and stroke have no more than up to 100 days of Medicare coverage.

Medicaid Qualifications during and after Application Process

 

Important Florida Medicaid Facts:

  • Medicaid applicant available asset limit in 2008 is $2,000.

  • Medicaid applicant gross income limit in 2008 is $1,911.

  • Community spouse available asset limit in 2008 is $104,400.

  • Assets below the Medicaid limit one day of the month of application.

 

Medicaid Applicant

 

Asset Limit
Income Limit
During application

Under $2,000

Under $1,911

After approval

Under $2,000

Under $1,911

 
Community Spouse

 

Asset Limit
Income Limit
During application

Under $104,400

No limit

After approval

No limit

No limit


Qualifications for Florida Institutional Care Program (ICP) Medicaid
  • Appropriately placed in a nursing home.

  • Determination by personal physician.

  • Evaluation done by CARES unit of Department of Children and Families.

  • Assets for Medicaid applicant under $2,000 one day of every month of Medicaid benefits.

  • Income for Medicaid applicant under $1,911 or a Qualified Income Trust (QIT) in place and funded.  

  • Gross income includes any deductions such as Medicare Part B premium deduction from Social Security.

  • Qualified Income Trust must be established and gross income deposited in QIT account the first month of qualification.

  • Income must be deposited into QIT account each month.

  • Under no transfer penalty.

  • A transfer of assets for less than market value to somebody other than a spouse causes a period of ineligibility.

  • Application for Medicaid benefits is not made until all of the above criteria have been met.  Applying too soon may cause additional disqualification for benefits.

All contents © 2008 The Law Offices of Charles F. Robinson