Elder Law Florida, Florida elder law attorneys, assisted living lantana

Nursing Home & Qualify For Medicaid

Elder Law, P.A. assists Nursing Home residents to qualify for Medicaid which offers peace of mind to our client, their family and the Nursing Home where they reside.

ICP Medicaid (Institutional Care Program/Custodial Care Program)

ICP Medicaid covers most costs of Nursing Home care for residents over 65 years old who must live in a nursing home, long term.

This Medicaid program may be available even if the Applicant owns property and has assets, as long as proper Medicaid Planning has taken place BEFORE the Medicaid application is submitted. The program eligibility rules are complex. We help Elders and their Families preserve their assets so the Elder may receive the most appropriate compliment of care and services.

ICP Medicaid will cover the most of the costs of the Nursing Home.

Disclaimer: This information is provided on as an overview and does not represent the entire process of eligibility qualification and application.

Basic Florida ICP Eligibility Requirements:


• Applicant must be over 65 or disabled
• Elder Law, P.A. may help disabled applicants who are under age 65 apply for Social Security Disability benefits.

Medical Need:

• The Applicant must require assistance with Activities of Daily Living and satisfy criteria for Nursing Home Level of Care, as determined by the Department of Elder Affairs.
• Specific medical forms are required to demonstrate the need for Nursing Home Level of Care.


• The Applicant must meet U.S. citizenship requirements and be a resident of Florida.
• Proper citizenship documents and ID’s will be required for application submission.


• The Applicant’s gross income may not exceed $2,199.00 per month. The Applicant whose gross income exceeds $2,199.00 per month may still receive Medicaid benefits as long as they submit a properly funded Qualified Income Trust or Special Needs Trust. Elder Law, P.A assists our clients to protect the income of the spouse or dependent family members to the full extent legally possible.
If the Applicant is married and the spouse will remain at home, there is no income limit for the spouse. If the spouse has a monthly income below $1,966.00, the spouse may be able to keep a portion of the Applicant’s income. Otherwise, the Applicant’s income (minus $105.00) will be paid to the nursing home each month as their Personal Responsibility Amount.


• A single Applicant’s countable assets may not exceed $2,000.00 and married applicants assets may not exceed $119,220.00.

• Elder Law, P.A. may help facilitate asset protection strategies that are necessary to preserve the assets of the Applicant. A complete list of marital assets must be provided. Asset protection opportunities vary from State to State. Applicants should notify Elder Law, P.A. if they intend to move to another state after obtaining Medicaid in Florida.

Responsible Party:

• The Applicant must be physically and mentally capable of managing their medical and financial affairs or a spouse, family member or other approved Responsible Party should be designated to participate in the medicaid process and manage the finances in compliance with the rules of Florida Medicaid.

• Elder Law, P.A. suggests that each Applicant select a trusted individual(s) to become Durable Power of Attorney and Health Care Surrogate so they may legally act as a Responsible Party in the event that the Applicant needs assistance managing their financial affairs and healthcare decisions.

Medicaid Certified Nursing Home:

• The Applicant, Spouse, Family or Responsible Party must choose a Skilled Nursing Facility (Nursing Home) that has been Medicaid Certified. Fortunately, most facilities in Florida hold this certification.

• Elder Law, P.A. may assist with locating a suitable facility or provide an introduction to other organizations that can assist in the facility selection process.