CAN THE NURSING HOME GET IN TROUBLE IF THE NURSING HOME EMPLOYEES KNOW THAT THE NONLAWYER MEDICAID PLANNER IS ENGAGING IN UPL?

Yes, it is possible. According to Florida Statute 777.011, (and as stated in Chapter 3): Both referral sources and seniors who retain a nonlawyer for Medicaid planning purposes should be aware of the possible illegality of their actions, however unwitting or intentional their actions may be. “Whoever commits any criminal offense ... or aids, abets, [...]

By | November 28th, 2018|Elder Law, Medicaid, Nursing Home|0 Comments

DOES A NURSING HOME HAVE A FIDUCIARY RESPONSIBILITY TO ITS RESIDENTS?

One might think at least in principle that fiduciary responsibilities exist for the nursing home. But under Florida law that is not the case. The answer is based on case law - and Florida has not recognized a fiduciary relationship between a nursing home and its residents. There are no opinions in the jurisprudence of [...]

By | November 26th, 2018|Elder Law, Nursing Home|0 Comments

AHCA, ELDER ABUSE, ELDER EXPLOITATION, AS IT RELATES TO UPL

The Florida Agency for Health Care Administration (AHCA) is very involved with Florida nursing home and long term care facilities, and Florida Medicaid proceedings and administration. This includes all Medicaid planning activities. Florida AHCA is responsible for: administrating the Florida Medicaid program, licensure and regulation of Florida’s health facilities and providing information to Floridians about [...]

By | November 21st, 2018|Elder Law, Healthcare|0 Comments

WHAT WILL HAPPEN IF A NONLAWYER MEDICAID PLANNER TAKES MONEY FROM THE NURSING HOME RESIDENT?

Serious liabilities may lurk for long-term care facilities and employees affiliated with nonlawyer Medicaid planners. When a non-lawyer Medicaid planner’s actions result in the nursing home resident’s personal financial harm and/or denial of Medicaid eligibility, this can become a matter of financial exploitation of the resident. Depending on the case, the facility in which the [...]

By | November 13th, 2018|Elder Law, Healthcare, Medicaid|0 Comments

DOES A NONLAWYER MEDICAID PLANNER HAVE LEGAL MALPRACTICE INSURANCE?

No. By definition, only an attorney licensed to practice law would be entitled to have legal malpractice insurance. If an annuity salesperson only holds a license with the Florida Department of Insurance (or no license at all), that person would not be able to purchase legal malpractice insurance. The financial stakes are very high in [...]

By | November 7th, 2018|Elder Law, Medicaid|0 Comments

WHO REGULATES NONLAWYER MEDICAID PLANNING IN FLORIDA?

Nonlawyer Medicaid planning is a completely unregulated business. As the Florida Supreme Court reaffirms in the 2015 Advisory Opinion, there is no state or federal agency to license and regulate Medicaid planners. Likewise there are no educational, testing or advertising requirements. While someone might hold a professional license to sell annuities or practice financial planning, [...]

By | October 9th, 2018|Elder Law|0 Comments

NURSING HOME REFERRAL LIABILITY

It is very common for seniors who need help qualifying for Medicaid to accept referrals from trusted sources—such as family, friends, social workers, nursing home administrators and hospital discharge planners. The trouble is, these referrals are frequently to nonlawyer Medicaid planners. In some cases, referrals are made without the knowledge or awareness of the nursing [...]

By | October 1st, 2018|Elder Law, Medicaid, Nursing Home|0 Comments

FLORIDA SUPREME COURT RULES THAT MEDICAID PLANNING BY NONLAWYERS IS THE UNLICENSED PRACTICE OF LAW

In January 2015, the Florida Supreme Court issued an Advisory Opinion explaining exactly what activities are considered to be the unlicensed practice of law as it pertains to Medicaid planning. Except for licensed attorneys, anyone who advises a Florida Medicaid applicant on how to structure their income and assets in order to become eligible for [...]

By | September 26th, 2018|Elder Law, Medicaid|0 Comments

DO I NEED TO DIVORCE MY SPOUSE IF HE GOES INTO A NURSING HOME?

Many clients who are married are faced with nursing home placement for their spouses. If the spouse in the community has assets in excess of the Community Spouse Resource Allowance (CSRA), presently set at $123,600.00 for 2018, the Department of Children & Families (DCF), will reject the case. While there are many planning opportunities available [...]

By | January 4th, 2017|Elder Law|0 Comments

Planning for Married Couples: PART 5 – flexibility in plan

Building Flexibility into the Estate Plan Formula Clauses: Coming Full Circle Power of Appointment Credit Shelter Trust - “A Final Bite at the Apple” or “Maybe not Ready for Prime Time.” With the increase of the applicable exclusion amount to $5.43 million in 2015, and the enactment of portability, on the surface it appears reasonable [...]

By | April 11th, 2016|Elder Law|0 Comments