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This page is dedicated to
providing a brief outline of eligibility criteria and some of the programs
available in Florida. See also Medicaid
Planning
page on this website for more information.
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Medicaid
Florida
Eligibility Criteria
Overview 2009 |
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Gross Monthly Income Limit of $ 2,022.00 in 2009
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Personal Needs Allowance of $35 per month
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Asset Limit $2,000 for Applicant
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Community Spouse Resource Allowance (if married) $109,560
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Community Spouse Monthly Minimum Maintenance Allowance $1,822.00 per
month (July 1, 2009 to June 30, 2010)
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Community Spouse Maximum Monthly Maintenance Needs Allowance $2,739.00
per month
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Excess Shelter Cost $547 maximum (July 1, 2009 to June 30, 2010)
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Utility Allowance for calculated Community Spouse Income Allowance
$198 per month.
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Long
Term Care Nursing Home Diversion Personal Needs Allowance $184.00 in
2009
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FLORIDA MEDICAID NURSING
HOME
INSTITUTIONAL CARE PROGRAM (ICP)
REQUIREMENTS
Effective January 1, 2009
GENERAL ELIGIBILITY
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At least 65 years of age or
disabled
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Citizen of United States or an
alien who has been admitted as a permanent resident
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Resident of Florida. Anyone
residing in a nursing home which is certified for Medicaid is considered to be
a resident of Florida
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Medicaid “medical need” for
nursing home care has been established by the CARES team of the Department of
Elderly and Veterans Services.
MEDICAL NEED
REQUIREMENT
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Determined by the Department of
Elderly and Veterans Services CARES unit and is based on Activities of Daily
Living (Feeding oneself, transferring, bathing, Continence, Toileting,
Cognitive abilities).
ASSETS REQUIREMENTS –
MEDICAID “COUNTABLE ASSETS”
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Individual applying for ICP
Medicaid - Countable assets of less than $2,000 in at least one day of each
month of Medicaid eligibility. If the individual’s gross income is less than
$674.00 per month (2009), the individual is allowed to have up to $2,000 in assets.
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Married and one spouse applying
for ICP Medicaid – Applicant cannot have over $2,000 in assets. Community
spouse can have up to $109,560 (2009) in countable assets in his/her name.
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Both spouses applying for ICP
Medicaid - Countable assets cannot exceed $3,000
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Transfers of assets for less
than fair market value (a gift) ,creates a possibility for ineligibility. The
look-back period beginning for all transfers/gifts for a Florida
Medicaid applicant made after November 1,
2007, will now be 60 months (phased in over next 60 months). All transfers
prior to November 1, 2007 will be subject to the old 36 month look-back and
the old rules. Pre-November 2007 Medicaid rules will apply for treatment of those transfers
(Trusts have specific look-back periods – 60 months, depending on the type
of trust.)
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NOTE: Under the new law the penalty period will begin as of the
date of application, where the applicant is otherwise eligible but for the
transferred assets. The penalty will now be applied going forward from that
date.
INCOME LIMIT REQUIREMENTS OF APPLICANT
– MEDICAID
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Monthly GROSS available income
of applicant cannot exceed the State Income standard of $2,022.00 (2009 Cap).
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The Florida Department of
Children and Families – Economic Self Sufficiency adult services unit
administers and verifies this information. There are guidelines they follow
for determining what is and is not considered an applicants “Income”
EXEMPT ASSETS
(Medicaid does not count)
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Homestead – so long as the
applicant “intends” to return home. Also a homestead lived in by a spouse,
disabled child, or sibling who has resided there over 2 years and providing
care to applicant. Under the new Deficit Reeducation Act of
2005 (DRA 2005) as applied in Florida, the
applicant can have up to $500,000 in equity in the homestead. Any
amount of equity in excess of this is considered a countable resource. This
cap does not apply if a spouse or other qualified dependent lives in the home.
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Certain additional real
property if rented or listed for sale at fair market value.
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Certain property used in trade
or business.
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Certain Income producing
property.
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One Vehicle – regardless of age
or value used to transport applicant for medical reasons
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Additional vehicle(s) – Used
for transportation
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Term Life insurance
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Life insurance – with cash
value – if the total face - value of all life insurance policies is less than
$2,500;
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Irrevocable burial/funeral
contracts (unlimited value). Note, under Florida probate code, $6,000 is
considered a reasonable amount for funeral costs.
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Burial set aside funds up to
$2,500 designated for burial expenses – Includes revocable burial contracts,
bank accounts designated for burial by notation in the title, or life
insurance policies with designation to pay burial costs.
State of Florida
Medicaid Programs Available
2009
Nursing Home Institutional Care Program (ICP)
Plus
11 other Medicaid State Funded Waiver
Programs
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ICP Program (Nursing Home)
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MEDS-Aged and Disabled
Waiver Programs
1.
ALF Waiver for the Elderly Program
2.
Home Community Based Waiver Program
3.
Long-Term Care Nursing Home Diversion Waiver Program
4.
Channeling Program (Over
65) – 2 Hours/day custodial care, Day Care voucher, contract caregivers.
(Miami-Dade and Broward County Florida only)
5.
Developmental
Disabilities Waiver (Adult/Disabled Children)
6.
Aged and Disabled Adult
Waiver (Component of DSW)
7.
Brain Injury/Spinal Cord
Injury Waiver
8.
Model Waiver (Katie
Beckett/Spino-Cerebral Disease - Children)
9.
Project AIDS Care Waiver
10.
Adult Cystic Fibrosis
Waiver
11.
Supported Living Waiver
Other Programs
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Medically Needy (Available when one cannot
qualify for Medicaid, but has high medical bills. Medical bills are
submitted to Medicaid and paid through this program)
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Hospice
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MEDS-AD - Over 65 totally permanently
disabled income less than 88% of Federal poverty Level. (Being
phased out as of 2009)
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Alzheimer’s Disease Initiative (Run out of
SE/SW Focal Point - Broward)
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Optional State Assistance (Indigent/No
assets)
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Community Care for the Elderly (No Income
/asset test. Wait list is very very long and program is full)
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Medicaid Programs related to paying for
Medicare (Qualified Medicare Beneficiary) Income cannot exceed 100% of
Federal Poverty Level and must be receiving getting Medicare Part A
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SLMB- (Special Low Income Medicare
Beneficiary) Income exceeding 100% but less than 120% of Federal Poverty
Level and one must be entitled to Medicare Part A to qualify
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QI1 (Qualifying Individuals I – (Part B
Medicare Only). Income exceeds 100% but less than 135% of Federal Poverty
Level.
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LOCAL WEB LINKS
BROWARD COUNTY LINKS:
Broward County Probate Court,
Coconut Creek,
Cooper City,
Coral Springs,
Dania Beach,
Davie,
Deerfield Beach,
Fort Lauderdale, (Ft.
Lauderdale),
Hallandale Beach,
Hillsboro Beach, Hollywood,
Lauderhill,
Lauderdale Lakes,
Lauderdale-By-The-Sea,
Lighthouse Point,
Margate,
Miramar,
North Lauderdale,
Oakland Park,
Parkland,
Pembroke Park,
Pembroke Pines,
Plantation,
Pompano Beach,
Southwest Ranches,
Sunrise,
Tamarac,
Weston.
PALM
BEACH LINKS:
Boca Raton,
Boynton Beach Boynton Beach, Delray Beach, Highland Beach,
Hypoluxo, Juno Beach, Jupiter, Lantana, North Palm
Beach, Ocean Ridge,
Palm Beach, Palm Beach Gardens, Wellington, West
Palm Beach
For inquiries about retaining the services
of this firm, send an email to Glenn@Bocaelderlaw.com
Copyright © 2008
Gregory G. Glenn, P.A. Last modified:
10/01/09
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