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Home >> Florida Medicaid Recovery

Florida Medicaid Recovery

March 16, 2011 by Robert Kulas. Leave a Comment

The Medicaid program is a need-based program that is jointly administered by the federal and state governments, and many senior citizens use it as a means for paying for nursing home care. Because the program is jointly administered, Medicaid rules and guidelines can vary from state to state. In Florida, certain costs of care provided by Medicaid during a recipient’s lifetime are subject to a recovery program. How does it work?

When a Medicaid recipient passes away, the Medicaid program becomes a creditor of his or her estate. The amount of Medicaid’s claim is equal to the amount paid on behalf of the recipient for services rendered after that person reached age 55. 

Not all recipients are subject to recovery, though. If you are a Florida Medicaid recipient and you pass away leaving behind a spouse, a minor child, or a child who is blind or totally and permanently disabled – or if you pass away before reaching age 55 – then the Medicaid program will not file a claim against your estate.  Also, if you own a home that passes to close relatives and is determined to be a homestead protected from your creditors, then the house would not need to be sold to pay back your Medicaid claim.

As with most government programs, there are many more rules that apply to Medicaid recovery in Florida. To find out how Medicaid recovery rules might affect you and your family, you should speak to a qualified estate planning attorney.

Filed Under: Estate Planning, Long Term Care Tagged With: Medicaid

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Janice M
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Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

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Krissy L.
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I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

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Leo C.
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Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

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Mildred W.
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August 25, 2020
    

I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

default image
Joan C.
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August 25, 2020
    

We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

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