MEDICAID UPDATE I. INDIVIDUALS WITH HOMES IN ANOTHER STATE ESS 1640.0543.02 (MSSI) “Individuals who meet Florida’s residency requirements solely because they are institutionalized in a Title XIX Medicaid facility in Florida, but who have a home in another state, may have that home excluded as an asset...
“What should I do with my mother’s home when she is in an assisted living facility or a nursing home and is no longer living at home?” This is one of the questions that I am frequently asked at initial consultations. Since all of mother’s...
Many years ago, planning for the future meant retirement and estate planning. In recent years, planning for the future has taken on new meaning. It now includes planning for long term care. This change in society is a result of an aging population Living beyond...
When a person applies for Medicaid, the inclusion of all or a portion of the value of vehicles, as well as the determination of value, differs according to the Medicaid program. Specifically, a person applying for Nursing Home Medicaid, who may or may not have...
The Medicaid application process can be a difficult undertaking. Even nursing homes, who regularly file Medicaid applications, can encounter problems when applying or re-certifying a case for Medicaid. Here are a few basic tips to assist when applying for Medicaid. Since the Medicaid application is done...
When families meet with our Elder Law Attorneys, they sometimes ask if The Department of Children & Families (DCF) will regard some of the funds in a joint bank account as belonging to the family member and not the Medicaid applicant. On the surface it...
"Savings Clauses" are of No Help Under the POMS. In drafting a special needs trust, many practitioners include a "null and void" or "savings" clause in the document. These clauses operate to cure defects in a trust and preserve the remaining trust provisions. They prevent...
Qualifying for Medicaid assistance to pay for skilled nursing home care or a waiver program, is unfortunately not the end of the process. The Department of Children and Families (DCF) has additional requirements which, if not met, will result in future disqualifications of the Medicaid...
