Law Firm Logo of Blind Lady Justice standing above a globe of the eastern hemisphere as she holds up the scales of justice with her left hand and a down turned sword with her right hand.

Recent Articles

Rignanese Law Blog

GRANDMA IS ONLY A FEW DOLLARS OVER MEDICAID'S INCOME LIMIT?

I was approached by a friend of a friend. Her Grandmother had to go to a nursing home for an extended period of rehabilitation following a fall. The family was investigating Medicaid eligibility. The concern was that Grandma had two sources of income; the total monthly income was not sufficient to pay for the nursing home; but it was about $100 more each month than the allowed income. There are no other assets. The nursing home sent them to a medicaid planner. They advised that the only way to make Grandma eligible for Medicaid is to set up a trust, which will cost several thousand dollars. Since the income exceeds the eligibility requirement by only $100, I was asked if there is any other way to achieve eligibility?

In this case, I agree with the advice. Grandma lives here in Florida. Florida is one of 23 “Income Cap” states. States such as Florida have strict income limits on eligibility for Medicaid. The excess income over $2,250 (in 2018), even if it is only $100 each month, can be handled in a so-called “Miller” or “QIT - Qualified Income Trust.” This appears to be what was recommended and it is the usual way to deal with excess income. Medicaid planning is complex. Always consult with an experienced attorney.

Rignanese & Associates is available to work with clients on their medicaid planning and eligibility. Please reach out to us at our new headquarters at 203 Avenue A, NW, Suite, 101, Winter Haven, Florida 33881 at 863.294.1114.

© 2018 Cynthia Crofoot Rignanese, Florida Esquire