Florida Medicaid Planning Attorney

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In Florida, there are several strategies available to protect your savings and assets before you apply for Medicaid, as well as programs to offset the cost of Home Care, Assisted Living and Nursing Homes.

The Florida Supreme Court has declared that Florida Medicaid planning activities shall only be performed by an attorney licensed by the Florida Bar. As such, it is important you consult with a licensed Florida Medicaid Attorney to ensure you are represented properly when applying for Florida Medicaid.

What is Medicaid?

Medicaid is a federal and state health insurance program that covers the cost of healthcare for eligible low-income families, disabled and blind people, children, and those whose income is insufficient to cover the cost of basic medical services. It is available in all 50 states in the USA.

Who Qualifies For Medicaid in Florida?

Am I qualified for Medicaid in Florida? You first need to be a U.S. citizen or a legally residing resident. Some non-citizens, like the DACA recipients, may be eligible for it if there are funds. However, non-citizens can qualify for labor and delivery services, including emergency treatment, if they can meet the income requirements.

What Healthcare Services are Covered by Medicaid in Florida?

After determining who qualifies for it in Florida, you can then determine the services that are covered.

Major basic services covered by Medicaid include the following:

  • Doctor visits
  • Prescriptions
  • Lab testing
  • All outpatient and inpatient hospital care
  • X-rays
  • Hospice care
  • Home healthcare
  • Dental care up to age 21
  • Medical transportation services
  • Medical supplies and equipment

The benefit packages do vary significantly in each state. Every state has the flexibility to include services like vision and dental care for adults and also determine the duration, amount, and type of services you can receive.

For example, if you are on Medicaid in Florida, chances are unlikely that you will be able to get a liver transplant if you continue to drink alcohol. Plus, you may not have all the preventive services included in the package.

What Can I Do If My Florida Medicaid Application is Rejected?

You always have the option of asking for a fair hearing by the administrative office if you feel that your application was unfairly rejected.

Florida Department of Children and Families (DCF)

The Florida Department of Children and Families is a Florida state agency designed to aid those in need of government assistance. DCF assists people of all ages, ranging from infants and children to families and aging adults. DCF offers several programs in the Adult Medicaid category. To apply, DCF requires an application be completed. DCF will ask specific questions regarding your income and assets. Elder Law, P.A. is well-equipped to walk you through the steps to help you qualify for the needed benefits.

Relevant DCF Programs

Institutional Care Program (ICP)

The monthly expenses for a Skilled Nursing Facility can be too high a cost for many families. When individuals are placed in Long Term Care at a Skilled Nursing Facility and are not able to afford the costs, DCF’s ICP program is able to assist. With the proper tools and planning, Elder Law, P.A. can assist you in qualifying and applying for the ICP benefit.

Home and Community-Based Services (HCBS)

In lieu of nursing home placement, many families opt to keep their loved ones at home. Additionally, individuals able to perform their Activities of Daily Living (ADL’s) can remain at an Assisted Living Facility of Independent Living Facility. DCF’s Home and Community-Based Services program can help with living costs and/or care for individuals. These programs are offered to individuals based on a priority waiting list.

Asset Protection

Many people fear they cannot afford to pay out of pocket for many of the services required for their aging or disabled loved ones. Others worry that their hard-earned savings will be depleted quickly. Attorney Ryan Jay Smollar of Elder Law, P.A. can offer strategies that can help qualify an individual while preserving their current assets and crafting a plan tailored to each individual.

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Natalie was amazing handling my dads medicaid application process, easy to communicate and we found the process very straight forward with their guidance. We would highly recommend their services to everyone who is in need of elder law, with our family all working full time and busy lives they gave us a peace of mind knowing they were working on getting things done.

Giovana H.

Ryan really cares about his clients, and it shows in the way that he advises them. He is extremely knowledgeable about elder law, and explains the rules in a clear manner. The issues can be difficult on family members to discuss, and he handles the material in a compassionate manner.

Joseph M.

Elder Law, P.A.

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