Florida Medicaid Eligibility Agency for Health Care Administration of Florida
P.O. Box 13000
Tallahassee, FL 32317-3000
Local: 1-850-488-3560
Toll free: In-State Calls Only 1-866-762-2237
Fax: 1-850-488-2520
Hours: 8:00 am - 5:00 pm ET
Florida Medicaid Eligibility Law Changes Enacted On February 1, 2006 the House of Representatives passed the 776 page Deficit Reduction Act of 2005 which includes those Florida Medicaid eligibility changes we wrote about last time. President Bush signed the legislation on February 8, 2006 thus making these changes the law of the land. As with any major legislative initiative, the full ramifications of these changes won’t be known for several months. As the ramifications become clear, we will advise you as planning for the changes is now critically important. We will dissect them one by one and point out the major changes and Medicaid planning opportunities under the new law.
In the meantime, certain aspects of the bill are clear at this time. The first is that the Medicaid gifting or asset transfer rules have been changed so that the “lookback” period for all asset transfers is now 5 years. This includes any transfers made on or transfers which did not involve a trust resulted in asset transfer penalties of no more than 3 years. Now, under the new legislation, all asset transfers will have a look back period of 5 years. In addition, the start of the Florida Medicaid penalty period won’t begin until the Medicaid applicant is already spent down. For instance, under the old rules…a gift of $30,000 would create a penalty period of approximately 7 months from the date of the gift. Under the new law, that period of Medicaid ineligibility will not begin until the gift has been made and the spend down has been completed. Only then will the Medicaid penalty period begin, meaning that the gifted funds may have to be given back to pay for care. You can imagine the nightmares this may cause for unsuspecting nursing home residents and their families! In addition, the new Florida Medicaid law make any individual with home equity of more than $500,000 (or if the states elect, they can raise this to $750,000) ineligible for Florida Medicaid. In other words, under the old Florida Medicaid law the home was an exempt asset. Under the new Florida Medicaid law the home may be exempt asset, but only so long as the home equity is not greater than $500,000.
The new Florida Medicaid law also changes the annuity rules. Annuities will be treated differently under the new law. In addition, the Medicaid law will require the State to be named as the remainder beneficiary on annuities. The bottom line, as we will explain in coming months, is that the new Florida Medicaid laws will greatly complicate the Medicaid application process. Individuals may find that inadvertent transfers may prevent them from qualifying for Florida Medicaid. The advice of an experienced elder law attorney will now become more important than ever under these new rules. It is more critical than ever to begin planning early. Don’t wait! *Both the federal government and most state governments have made many changes to the Medicaid eligibility requirements and restrictions over the years. This has most recently occurred with the passage of the Deficit Reduction Act (DRA) of 2005 (Pub.L. No. 109-171) which significantly changed rules governing the treatment of asset transfers and homes of nursing home residents. The implementation of these changes will proceed state-by-state over the next few years. To be certain of your rights under the Act you should consult an expert, as the rules are complex. The DRA now requires that anyone seeking Medicaid eligibility must produce documents to prove that they are a United States citizen or resident alien. MedicaidSecrets.Info Copyright 2008
This is information from the US.Gov site: | Medicaid is health insurance that helps many people who can't afford medical care pay for some or all of their medical bills. Good health is important to everyone. If you can't afford to pay for medical care right now, Medicaid can make it possible for you to get the care that you need so that you can get healthy and stay healthy. Medicaid is available only to people with limited income. You must meet certain requirements in order to be eligible for Medicaid. Medicaid does not pay money to you; instead, it sends payments directly to your health care providers. Depending on your state's rules, you may also be asked to pay a small part of the cost (co payment) for some medical services. (For more information, download "Medicaid At-A-Glance 2005" from the bottom of the page.) To learn about the Medicaid program in your state see Related Links Inside CMS at the bottom of the page. Many groups of people are covered by Medicaid. Even within these groups, though, certain requirements must be met. These may include your age, whether you are pregnant, disabled, blind, or aged; your income and resources (like bank accounts, real property, or other items that can be sold for cash); and whether you are a U.S. citizen or a lawfully admitted immigrant. The rules for counting your income and resources vary from state to state and from group to group. There are special rules for those who live in nursing homes and for disabled children living at home. Your child may be eligible for coverage if he or she is a U.S. citizen or a lawfully admitted immigrant, even if you are not (however, there is a 5-year limit that applies to lawful permanent residents). Eligibility for children is based on the child's status, not the parent's. Also, if someone else's child lives with you, the child may be eligible even if you are not because your income and resources will not count for the child. In general, you should apply for Medicaid if your income is limited and you match one of the descriptions of the Eligibility Groups. (Even if you are not sure whether you qualify, if you or someone in your family needs health care, you should apply for Medicaid and have a qualified caseworker in your state evaluate your situation.) For specific information about enrolling in Medicaid, eligibility, coverage and services for your State, please contact your local Medicaid office. You can view your State's Medicaid Office contact information by visiting the Benefits.gov website (see the link under "Related Links Outside CMS" at the bottom of this page) or checking the contact information for State Medicaid offices (see the link under "Related Links inside CMS" at the bottom of this page.) Screening Tools To help you see if you may be eligible for a variety of governmental programs, you may access the GovBenefits and BenefitsCheckUp websites. (See related links inside CMS at the bottom of this page.) When Eligibility Starts Coverage may start retroactive to any or all of the three months prior to application, if the individual would have been eligible during the retroactive period. Coverage generally stops at the end of the month in which a person's circumstances change. Most states have additional "state-only" programs to provide medical assistance for specified people with limited incomes and resources who do not qualify for the Medicaid program. No Federal funds are provided for state-only programs. What is Not Covered Medicaid does not provide medical assistance for all people with limited incomes and resources. Even under the broadest provisions of the Federal statute (except for emergency services for certain persons), the Medicaid program does not provide health care services for everyone. You must qualify for Medicaid. Low-income is only one test for Medicaid eligibility; assets and resources are also tested against established thresholds. As noted earlier, categorically needy persons who are eligible for Medicaid may or may not also receive cash assistance from the Temporary Assistance for Needy Families (TANF) program or from the Supplemental Security Income (SSI) program. Medically needy persons who would be categorically eligible except for income or assets may become eligible for Medicaid solely because of excessive medical expenses.
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