Medicaid approval of nursing home payments
What are the provisions of the law in
Florida if ''looking back'' (5 years) for
the purpose of establishing eligibility
for a nursing home care paid by the
Medicaid it is ascertained that several
gifts were given during this period?
.Since such finding may result in not
being eligible for the nursing home
payments by the Medicaid what
decision will be made concerning the
98 y old individual(a widower) who
has no means of support and whose
condition absolutely requires that he
receives care in a nursing home?
2 Answers from Attorneys
Re: Medicaid approval of nursing home payments
Subject matter much too complicated for on line chat.
Re: Medicaid approval of nursing home payments
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Either the family members who got the gifts will have to return them to pay for the nursing home care or the party will be denied any benefits. The family will then have the option to pay for the nursing home themselves. This situation is exactly what the law provides safeguards against. Family members cannot strip the assets of an elderly relative and then claim poverty for the relative and expect the State to take care of the person.
Scott R. Jay, Esq.
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