Medicaid in Florida: Can you qualify for Medicaid if your income is too high?

Medicaid in Florida

In order to qualify for nursing home care Medicaid in Florida, an applicant’s assets must be below $2,000 and their income cannot exceed $2,163 (in 2014). If the applicant’s income is too high, the applicant will not qualify for Medicaid without doing a Qualified Income Trust (also referred to as a “Miller Trust”).

By placing the excess income over $2,163 per month in a Qualified Income Trust the Medicaid Applicant reduces his or her income to below the income cap.  Under the Qualified Income Trust, the excess income is essentially paid to the nursing home (unless there is a community spouse, then he/she may be entitled to an income allowance from what is held in the trust).

This type of trust is only needed at the time that the applicant wishes to obtain Medicaid benefits and only in the event that the applicant’s income exceeds $2,163.  The trust should be established during the month the applicant wishes to qualify for Medicaid, and not before.

The nursing home cannot help you create such a trust as that would be construed as practicing law without a license.  I recommend that you seek out the help of an elder law expert which is an attorney who is board certified in the area of Elder law.

Laurie Ohall is a board certified elder law attorney practicing in Brandon, Florida.  Contact Ms. Ohall today if you are in need of elder law, probate or guardianship assistance.

By | 2014-05-17T10:55:20+00:00 May 17th, 2014|Categories: Elder Law, Medicaid|0 Comments