Gregory A. Ebenfeld, P.A.
Serving Clients In Southeastern Florida Talk To Attorney Gregory A. Ebenfeld Today. Call 954-998-1588.

Addressing Your Medicaid Concerns

We can help seniors apply for all the Medicaid benefits available to them. We strive to use all of our knowledge of Medicaid in order to help our seniors, whether they are in a nursing home or living in their own home.

Medicaid ICP

The Institutional Care Program (ICP) may be available even if the applicant owns property and has assets. The program eligibility rules are complex. We help seniors and their loved ones overcome the complexities of Medicaid eligibility while the senior receives the most appropriate medical care. Medicaid ICP will cover the majority of the cost of living in a nursing home.

The basic Medicaid ICP eligibility requirements are:

  • Age: The senior must be over 65 or disabled.
  • Medical need: The senior must need assistance with activities of daily living. There are specific medical forms that are required to show that there is a need for nursing home level of care.
  • Citizenship: The senior must be a U.S. citizen or resident alien and a Florida resident. The senior will be required to have citizenship documentation for submission of the application.
  • Income: The senior's gross income may not exceed $2,199 per month. If the senior is married and the spouse will remain in the home, and the spouse has an income below $1966, the spouse may be able to keep a portion of the senior's income. Otherwise, all or part of the senior's income may be owed to the nursing home each month.
  • Assets: A single senior's countable assets may not exceed $2,000 and total marital assets may not exceed $119,220. Seniors should know that there are some legal methods that may help to preserve their assets. We need a complete list of all marital assets so we can draft any necessary legal documents in order to achieve the objective of preserving assets.
  • Responsible party: Seniors must be mentally capable of managing their medical and financial affairs or have a legally designated spouse or another family member with a proper power of attorney.
  • Medicaid certified facility: The senior, senior's spouse or any responsible party must choose a skilled nursing facility (nursing home) that has been Medicaid certified.

Veterans Benefits

Non-service-connected pensions for wartime veterans and their widows are a well-kept secret. The Pension and Aid and Attendance is designed to financially assist aging, low-asset and low-income homebound veterans or their unmarried widows who require home health care givers on a continuous basis or who reside in assisted living facilities and meet all of the eligibility criteria.

The basic qualifications are:

  • Wartime service with honorable discharge: The applicant must provide proof of at least one day of active duty during VA-designated wartime. The VA form DD214 is required.
  • Assets: Single applicants must have less than $50,000 in assets. Married applicants must have less than $80,000 in assets. This amount does not include homestead. A complete list of marital assets has to be provided.
  • Income: The veteran applicant's monthly income must be less than $1,788 if single and less than $2,120 if married. A widow's income must be less than $1,149.
  • Medical eligibility: The applicant must be homebound and need the assistance of paid caregivers to meet their daily care needs. A doctor must confirm disability by signing a VA-approved medical form.
  • Maximum pension amounts: VA pensions may pay veterans up to $1,788 per month (single) and up to $2,120 per month (married). Veteran's widows are paid up to $1,149 per month. Pensions are paid directly to the veteran or veteran's widow.

Commonly Asked Medicaid Planning Questions:

Once I provide Gregory A. Ebenfeld, P.A., with all the information needed to make the application for Medicaid, how long does it take to be approved?

Once all the required documentation is given to us, we make an application to the Department of Children and Families (DCF). This is the state agency that processes Medicaid applications. It may take more than 60 days to achieve approval. Unfortunately, there is no way to know how long DCF will take to process your application. Regardless of the amount of time it takes to gain approval, in most cases the Medicaid coverage is retroactive to the month of eligibility.

What if I have assets and income over the ICP Medicaid limits?

There may be several options for persons to still qualify for Medicaid even if their income and assets are over the limit. We work hard to give you every possible option.

What is the five-year look-back period?

Under current law, there is a look-back period by which DCF can go over the senior's past 60 months and assign a penalty period (expressed in terms of months of ineligibility) for large gifts made during that time period. If you have made large gifts, we can offer some solutions.

Am I required to have an attorney in order to protect assets or income?

Under the current Florida Supreme Court opinion, a non-attorney cannot assist or even give information about a person's particular Medicaid eligibility status and different ways of asset protection available.

Will Medicaid take the homestead property?

No; in Florida, if the property is homestead, it will be protected in most cases, as long as the Medicaid recipient, their spouse, dependent children or a disabled adult child lives in the home. The state does have the right to take the home upon the death of the Medicaid recipient, but this rarely happens.

What is Medicaid pending?

Many facilities may choose to allow their residents to move into their facilities and pay only their monthly income while they wait for the Medicaid ICP to be approved. Many of these facilities charge the full rate until the Medicaid ICP is approved.

If a person moves out of state, can Medicaid benefits be transferred to another state?

Unfortunately, Medicaid programs are not reciprocal from one state to another. If someone moves from one state to another, a new application to that state is required.

Learn More About Your Medicaid Options

For Medicaid planning in Hollywood, Florida, call Gregory A. Ebenfeld, P.A., at 954-998-1588 to schedule a free initial consultation, or contact us online.

Set Up A Free Initial Consultation Today

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