What if you are unhappy with the care that is being provided or the location of the nursing home that your loved one is in?  Can one move from one nursing home to another?  What if your loved one is in a nursing home and it appears that they could live safely in an Assisted Living Facility (ALF)?  Does Medicaid pay for Assisted Living?  What if your loved one could go home if they had home care providers?  Does Medicaid pay for home care?

When a person is in a nursing home and on the Medicaid benefit, that person pays a portion of the monthly nursing home bill and the Medicaid Institutional Care Program (ICP) benefit pays the difference to make up the 100% monthly payment to the nursing home.

The portion that the person in the nursing home pays is based on a calculation and is subject to community spouse rules.  Generally, an unmarried person will pay their monthly income to the nursing home minus $130 per month that they get to keep for their personal needs.  A married person would pay whatever amount was left to them as income after the allowance for the community spouse was made, and minus the $130 per month they keep for personal needs.

The Florida rules allow a Medicaid nursing home resident to move to an alternative nursing home if they wish.  If you are unhappy with the facility that your loved one is in, start looking around at other facilities and making inquiries as to whether they have availability.  It is simple to move your loved one into an alternative nursing home facility within the state of Florida.  The Medicaid ICP benefit goes with them to the new nursing home and the nursing home bills continue to get paid with the persons monthly income and the Medicaid ICP benefit.  Moving them to another state is another matter.  It can be done but it is not nearly as simple.

If it appears that your loved one could leave the nursing home and live safely in an Assisted Living Facility (ALF), start looking around at assisted living facilities and asking about availability and cost.  The Medicaid ALF payment does not work the same way as it does in the nursing home.  The Medicaid benefit will pay the Assisted Living Facility a portion of the monthly bill.  The portion that Medicaid pays is the “medical” portion and is typically $1200 to $1400 per month.  The person living in the ALF makes up the difference to cover the total monthly ALF bill using their income and other resources they may have.

You must be careful when considering moving a loved one who has Medicaid ICP.  The move must be made within the Medicaid guidelines.  Do not jeopardize your loved one’s Medicaid coverage by moving them without being sure of the rules.  The process of making the move can be very complex.  It is best to consult with an attorney who practices in Medicaid Law.

Diana Mangsen focuses her practice as an elder law attorney in Clearwater, Largo, St. Petersburg, Dunedin, Palm Harbor and the Tampa Bay area.

For more information, visit our website at
https://www.mangsenlaw.com/
or call (727) 888-6282.

What if a married person needs long term care but their spouse does not?  What if they own their own home and they have retirement accounts and money in the bank?  Do they have to spend everything down before Medicaid will be available for the spouse needing long term care?

The Florida Medicaid rules are in line with the Federal law that prohibits the impoverishment of a community spouse.  In other words, the cost of long-term care for one spouse is not going to make the other spouse destitute.  There are multiple asset and income rules that provide for the community spouse.  An example of one of the income rules is the Minimum Monthly Maintenance Needs Allowance (MMMNA).  The spouse needing long term care may be the same spouse whose income the couple has relied on to sustain themselves.  The MMMNA prevents that income from going to the nursing home and ensures that it goes to the spouse who will remain residing in the community.  An example of one of the community spouse asset rules is the Community Spouse Resource Allowance (CSRA).  Under the 2019 CSRA, the spouse who will remain in the community keeps liquid assets of $126,420 that are exempt for eligibility purposes.  The process of getting Medicaid can be very complex.  It is best to consult with an attorney who practices in Medicaid Law.

Diana Mangsen focuses her practice as an elder law attorney in Clearwater, Largo, St. Petersburg, Dunedin, Palm Harbor and the Tampa Bay area.

For more information, visit our website at
https://www.mangsenlaw.com/
or call (727) 888-6282.

PARC has been providing opportunities for individuals with intellectual and developmental disabilities for over 65 years. Using a “person-centered” approach, PARC provides programs and services helping those exercise their independence and experience life to the fullest. Today PARC serves over 800 individuals, focusing on gaining new experiences and living the quality of life deserved by all.

Advocacy, housing, education, collaboration and community engagement are just some of the many examples in which PARC makes a positive contribution to community life. PARC helps children and adults focus on what they can do rather than what they are unable to do.

PARC’S MISSION:

To provide opportunities for children & adults with developmental disabilities to exercise their independence and experience life to the fullest.

PARC’S VISION:

A community where all individuals live with dignity and are treated with respect.

Diana Mangsen focuses her practice as an elder law attorney in Clearwater, Largo, St. Petersburg, Dunedin, Palm Harbor and the Tampa Bay area.

For more information, visit our website at
https://www.mangsenlaw.com/
or call (727) 888-6282.