Jul 8, 2014

Florida Medicaid rules for long-term care benefits change - again

Florida's eligibility rules for long-term care Medicaid benefits are extraordinarily complicated. The rules change frequently, adding more confusion to the legal labyrinth. Florida has just issued its latest set of changes, effective July 1, 2014. Here is a brief explanation of the new guidelines:

Spouse's Minimum Monthly Maintenance Needs Allowance:
Florida permits a portion of the Medicaid applicant's income to be diverted to the community (i.e., well) spouse if the community spouse's income falls below the Minimum Monthly Maintenance Needs Allowance. Effective July 1, 2014, the Minimum Monthly Maintenance Needs Allowance is $1,966.00 (it was $1,938.75). There are certain circumstances when the diversion may bring the spouse's income even higher. 

Income the applicant may retain:
An applicant who does not qualify for Medicaid because his/her income exceeds $2,163.00 (the current lawful maximum) may establish a Qualified Income Trust, also known as a Miller Trust. The applicant's excess income is placed in the trust. Effective July 1, 2014, an applicant may retain $105 of the income from the trust, up from $35.

For a comprehensive explanation of Medicaid eligibility requirements, see the Medicaid eligibility guidelines at my website.

If you wish to preserve your family's assets and obtain long-term care Medicaid benefits, talk to our Florida Bar Certified Elder Law Attorneys. Do not go it alone. We have in-depth knowledge of the maze of Medicaid rules, and years of experience. We can help you and your family avoid costly missteps.

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