FLORIDA'S MEDICAID PROGRAM
Under Title XIX of the Social Security Act, the federal government provides grants to states, including Florida, for medical assistance programs, including Florida's "Medicaid program", which is jointly managed by the Federal government and the State of Florida. At the federal level, the Department of Health and Human Services' Centers for Medicare and Medicaid Services (CMS) oversees Florida's Medicaid program. At the state level, the Agency for Health Care Administration ("AHCA"), as the single state agency authorized to make payments for medical assistance
and related services under Title XIX of the Social Security Act, administers Florida's Medicaid program, while the Florida Department of Children and Families is responsible for Medicaid eligibility determinations, Fla. Stat. § 409.902. After an individual is determined eligible for a Florida Medicaid program, the Florida Department of Children and Families determines what is known as the individual's "patient responsibility". "Patient responsibility" is calculated in a process known as "post eligibility treatment of income" by applying certain deductions to an individual's income under 42 CFR § 435.725 and 42 CFR § 435.726 and determining the amount of income thereafter remaining. This calculation is important because it determines the amount by which AHCA must reduce its payments to a medical institution and intermediate care facility or payments for home and community based services provided to an individual towards their cost of care, Fla. Admin. Code Ann. R. 65A-1.7141, and therefore determines the amount which the individual must pay.
An individual's income, however, is not the only financial consideration determining eligibility for Florida's Medicaid program. An individual's "assets" must also be considered.
NOTE: THIS PAGE IS CURRENTLY UNDER REVISION AND CONSTRUCTION.
and related services under Title XIX of the Social Security Act, administers Florida's Medicaid program, while the Florida Department of Children and Families is responsible for Medicaid eligibility determinations, Fla. Stat. § 409.902. After an individual is determined eligible for a Florida Medicaid program, the Florida Department of Children and Families determines what is known as the individual's "patient responsibility". "Patient responsibility" is calculated in a process known as "post eligibility treatment of income" by applying certain deductions to an individual's income under 42 CFR § 435.725 and 42 CFR § 435.726 and determining the amount of income thereafter remaining. This calculation is important because it determines the amount by which AHCA must reduce its payments to a medical institution and intermediate care facility or payments for home and community based services provided to an individual towards their cost of care, Fla. Admin. Code Ann. R. 65A-1.7141, and therefore determines the amount which the individual must pay.
An individual's income, however, is not the only financial consideration determining eligibility for Florida's Medicaid program. An individual's "assets" must also be considered.
NOTE: THIS PAGE IS CURRENTLY UNDER REVISION AND CONSTRUCTION.
WILLS, TRUSTS, AND estate planning
Estate planning can be structured for probate or to avoid probate. It is important to discuss your specific needs with the lawyer so that a plan can be made which best suits your situation. A living, revocable trust is one means of keeping assets out of probate, but proper planning is required to ensure that the objective is accomplished.
Ladybird deeds, also know as Enhanced Life Estate Deeds, are sometimes employed. One must be careful what type of deed is utilized when adding another party to title, because it is possible that creditors of the added party might make a claim against the property or attempt to attach the property.
OTHER RELATED PLANNING TOOLS:
Ladybird deeds, also know as Enhanced Life Estate Deeds, are sometimes employed. One must be careful what type of deed is utilized when adding another party to title, because it is possible that creditors of the added party might make a claim against the property or attempt to attach the property.
OTHER RELATED PLANNING TOOLS:
DURABLE POWERS OF ATTORNEY
DESIGNATION OF HEALTH CARE SURROGATE - The applicable statutes were revised effective in October 2015 to allow designations which are effective immediately.
PRENEED DECLARATIONS OF GUARDIAN
DESIGNATION OF HEALTH CARE SURROGATE - The applicable statutes were revised effective in October 2015 to allow designations which are effective immediately.
PRENEED DECLARATIONS OF GUARDIAN