Blog: Medicaid

Are you or a loved one in need of long-term care but unsure whether you qualify for Medicaid? The first thing you need to know is the importance of hiring an experienced attorney. Medicaid is a government program offering individuals health insurance and long-term care support. However, being cautious of non-attorneys claiming they can provide…

Do you have an aging relative who needs long-term medical care for a  chronic illness? Is your loved one living at home, in an assisted living facility or a skilled nursing home? Are you concerned about how to pay for their medical expenses? If you answered ‘yes’ to any of these questions you need to…

It is not unheard of for children or grandchildren to move into an elder’s home because they are not financially stable or they are going through a divorce. However, if those relatives become a caregiver to the elder that owns the home they must put the elder’s needs above their own personal interests (i.e. fear of losing…

On July 5, 2018 (how appropo one day after Independence Day) the Florida Supreme Court ruled that under federal law AHCA may only reach the past medical expenses portion of a Medicaid recipient’s tort recovery to satisfy its Medicaid third party liability lien. See Giraldo v. ACHA (No. SC17-297). This ruling now resolves the conflict between the Second…

Clients frequently ask “Doesn’t my revocable trust protect my assets if I get sick and require long term care services?”  Clients are surprised when the answer is that their revocable trust assets, which they control, are countable if the client has a chronic illness and wants to apply for Medicaid. Clients want to stay in control of their…

Starting January 1, 2018 donations of $15,000.00 for the calendar year can be made to an ABLE account. This is an increase from $14,000.00. Additional good news is that Florida’s ABLE United fund is waiving its fee to open a new account. An ABLE account helps a person with a disability save their earnings or,…

The Fourth D.C.A. has held in Goheagan v. Perkinsthat the State can recover its Medicaid third-party liability lien in a wrongful death action because the federal anti-lien statute only applies to settlements of living Medicaid recipients. The Medicaid agency paid for approximately $95,000.00 of medical services provided to the decedent. A multi-million dollar verdict was entered against the driver…

Seeking reduction of the Medicaid liability lien through the administrative process mandated under Florida Statutes. If your client’s personal injury case involves a Medicaid lien as well as an ERISA lien and AHCA argues its lien should be paid in full request that the Administrative Law Judge not consider the ERISA lien as evidence of allocation of medical expenses.  While…

Congress has authorized a second extension to delay implementation of Section 211 of the Bipartisan Budget Act of 2013 through October, 2017 (HR 4302). This amends 42 U.S.C. 1396a. The act was scheduled to go into effect October, 2014. The federal act sought to repeal the successful results afforded to Plaintiffs as a result of…

Improper Transfers Can Cause Your Loved One to Be Denied Medicaid Are you a caregiver to an aging parent or grandparent? Have you quit your job in order to help care for a relative? Are you being paid for caring for an elder? If you answered ‘yes’ to any of these questions you need to…