WHAT TYPE OF FEES DO NONLAWYER MEDICAID PLANNERS CHARGE FOR THEIR SERVICES?

Commissioned-Based Medicaid Planning Fees Some nonlawyer Medicaid planners are compensated when they sell annuities. These individuals target seniors who exceed Medicaid eligibility limits. A senior purchases an annuity from the planner in order to fall within Medicaid asset limits, and the Medicaid planner takes a commission.   The commissions associated with a Medicaid-qualifying annuity can [...]

By | December 13th, 2018|Medicaid|0 Comments

IS IT AGAINST THE LAW FOR A NURSING HOME EMPLOYEE TO BE PAID A FEE TO REFER MEDICAID CASES TO A NONLAWYER MEDICAID PLANNER?

When facilities or employees receive rewards for referring to nonlawyers, things take a turn for the worse. Under Florida law, “bribes, kickbacks, and certain solicitations are prohibited.” The nursing home that engages in such activity may be subject to civil liability or even criminal penalties.   But imagine how easy it is for an overwhelmed [...]

By | December 4th, 2018|Medicaid, Nursing Home|0 Comments

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

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

EXAMPLES OF PROBLEMS CAUSED BY NONLAWYER MEDICAID PLANNERS

What is the potential for harm to the public? Nonlawyer Medicaid planners expose Florida nursing home residents to various dangers, including the denial of Medicaid eligibility ineligibility penalties, costing tens or hundreds of thousands of dollars, because of wrongful transfers or purchasing unfit financial products exploitation of vulnerable, unsuspecting Florida citizens leaving seniors and their [...]

By | October 29th, 2018|Medicaid|0 Comments

WHO ARE NONLAWYER MEDICAID PLANNERS?

Individuals and companies with no license to practice law, yet stake their claim as Florida “Medicaid planners” run the gamut. Individuals as Medicaid planners Public record shows that the following types of individuals have been Medicaid planners in Florida: annuity salesmen insurance salesmen geriatric care managers Florida licensed nurses former nursing home employees former DCF [...]

By | October 24th, 2018|Medicaid|0 Comments

WHAT SORT OF TRAINING, EDUCATION AND LICENSING DO NONLAWYER MEDICAID PLANNERS HAVE?

What is the background, education and knowledge base of nonlawyer Medicaid planners? Annuity and insurance sales agents Annuity and insurance sales agents sell annuities, life insurance and related financial products and earn commission from the sale. There is no requirement for a college degree, but a sales agent must pass a state insurance commission exam [...]

By | October 18th, 2018|Medicaid|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