FAQs: MEDICAID PLANNING

WHAT IS MEDICAID PLANNING?

 

Medicaid Planning is a way to qualify for public health insurance (Medicaid), even if a single individual or married couple has assets or income over the Medicaid limit. This type of planning uses many different approaches depending on the situation.

 

 

IS MEDICAID PLANNING LEGAL?

 

Yes. The Medicaid laws were written with several provisions which are favorable to those individuals who are presently applying for Medicaid as well as those who are planning for the future. These provisions protect certain assets and/or income depending on the facts of each case.

 

 

IS MEDICAID PLANNING THE SAME IN EVERY STATE?

 

No. Even though Medicaid is a Federal program, it is separately administered by each state. Although there are Federal laws which can not be violated by the States, each State has certain options which allow the state to apply the law differently.

 

 

IF A PERSON QUALIFIES FOR MEDICAID IN FLORIDA, WILL ANOTHER STATE ENROLL THAT PERSON INTO THEIR MEDICAID PROGRAM?

 

No. Again, each State may enact certain rules which are different from Florida, and therefore, if a person on Medicaid in Florida moves to another state, he or she may not qualify for Medicaid in that State based on the planning done in Florida. If a person applying for Medicaid in Florida is contemplating moving to another state, the laws in that state should be reviewed before any planning is done in Florida.

 

 

IS IT EVER TOO LATE TO DO MEDICAID PLANNING?

 

No. Whether a person is applying for Medicaid currently or is concerned about the future, Medicaid Planning should be considered. The strategies used in crises and pre-crises planning may differ, but there is usually a plan that is better than doing nothing.

 

 

HOW DO I FIND SOMEONE WHO HAS EXPERIENCE IN MEDICAID PLANNING, KNOWS THE LAW, ADHERES TO ETHICS RULES, AND IS LICENSED AND INSURED?

 

A law firm that has a Florida Board Certified Elder Law Attorney specializing in Medicaid Planning is typically the best way to be sure that you are hiring the right person for Medicaid Planning. A Florida Board Certified Elder Law Attorney has passed a Bar Exam, as well as a Specialization Exam in Elder Law. If the attorney is also nationally certified in Elder Law (CELA), he or she has passed another difficult exam. Finally, if the attorney has held state, as well as, national leadership positions, he or she has then been recognized by his or her peers as a leader in the field of Elder Law.