Frequently Asked Questions about Florida Medicaid Planning

Is Medicaid Planning legal?

Medicaid Planning is legal in all 50 states. However, Florida law requires individuals to work with Medicaid Planning attorneys. Only a licensed Elder Law attorney can practice Elder Law and Medicaid Planning.

How can an Elder Law attorney help me with the Medicaid process in Florida?

Attorneys focused on Medicaid Planning understand the intricate laws and regulations governing Medicaid programs in the state and can guide clients on eligibility criteria, income limits, asset protection and long-term care planning tailored to individual circumstances.

Medicaid attorneys can assist individuals in completing and submitting the Medicaid application accurately and on time to avoid delays or rejections due to errors in the application process. They can provide advice on asset protection strategies that comply with Medicaid rules and structure assets to maximize eligibility for Medicaid benefits while safeguarding them for the future. Having an attorney represent you during the Medicaid application process protects your rights because you have an advocate who understands the legal complexities involved. In cases where a Medicaid application is denied or disputed, an attorney can navigate the appeals process on behalf of the individual, upholding their rights and working toward a favorable resolution.

Medicaid Planning lawyers can integrate Medicaid planning into broader Estate Planning strategies to meet long-term care needs and preserve assets for future generations.

What are considered exempt assets in Florida Medicaid Planning?

Homestead property, which is the main residence of the applicant and is protected under Florida’s Homestead Exemption, is often considered an exempt asset for Medicaid eligibility. Along with specific retirement accounts, this may apply to assets related to a person’s trade or business, funds designated for Irrevocable Burial Contracts and assets set aside for burial expenses up to a certain limit. Seek the guidance of experienced Elder Law attorneys, as required by Florida law.

Does the non-applicant spouse’s income count toward Florida Medicaid income requirements?

When determining Medicaid income requirements in Florida, only the applicant’s income is counted for eligibility purposes. The non-applicant spouse’s income is not considered in the calculation for Medicaid income requirements in Florida, which allows the non-applicant spouse to maintain their income without affecting the applicant spouse’s eligibility for Medicaid benefits.

What are countable assets in Florida Medicaid?

When considering the applicant’s assets, countable assets in Florida Medicaid include cash holdings, stocks and bonds, bank accounts (including credit union and savings accounts), real estate properties (excluding the primary residence under certain limits), vehicles and retirement accounts such as IRAs.

What are spousal impoverishment rules?

Spousal impoverishment rules for Medicaid protect the spouse of a Medicaid applicant to ensure they have sufficient income and resources.

1. Minimum Monthly Maintenance Needs Allowance (MMMNA): Florida Medicaid sets a Minimum Monthly Maintenance Needs Allowance to ensure that the well spouse’s income does not fall below a certain level. This provision helps maintain financial stability for the community spouse.
2. Community Spouse Resource Allowance (CSRA): The federal Centers for Medicare and Medicaid Services require protections against spousal impoverishment, ensuring that a healthy spouse is not left financially vulnerable due to their partner’s Medicaid application.
3. Spousal Refusal: In Florida, Medicaid regulations prevent the inclusion of all assets held by the community spouse when determining the eligibility of the Medicaid applicant. This strategy can help protect the community spouse’s assets and income.
4. Spousal Impoverishment Standards: The Spousal Impoverishment Standards safeguard the financial well-being of seniors by preventing situations where the healthy spouse faces financial hardship due to the Medicaid application process.