Medicaid for Elders Who Are or Will Be Nurisng Home Patients

Most Asked Questions About Medicaid

Q: What is Medicaid?

A: Medicaid is a federally funded state administered plan for the payment of medical expenses. There are several programs available through Medicaid but the plan that we will be discussing here is the Institutional Care Program (ICP).


Q: What is the Institutional Care Program in Florida?

A: The ICP in Florida is part of the Supplemental Security Income (SSI) program. It pays Nursing Homes for care of the aged and disabled persons who are in need of institutionalized care. The eligibility for ICP is a little different than for SSI as more income is allowed for ICP than for SSI.


Q: How does one become eligible for ICP?

A: Eligibility is determined based on three factors -
i. Medical Needs - basically the applicant needs professional nursing services among other things
ii. Aged or Disabled - Age 65 or disabled as defined by the regulations issued by Florida Department of Children and Families (DECAF)
iii. Financial - income and resources


Q: What are the financial limits for qualifying for ICP?

A: The income of the applicant, and the resources (assets) of the applicant and the applicant's spouse must not be in excess of certain limits. The amount of income and resources change on a yearly basis. Effective January 1, 2009, the maximum income amount for an applicant is $2,022.00 a month. The applicant can have only $2,000.00 of non exempt resources. The applicant's spouse can only have $109,560.00 in non exempt assets.


Q: What are exempt assets and nonexempt assets?

A: Exempt assets are defined by the Department of Children and Families’ Integrated Public Assistance Manual. Exempt assets do not count towards the asset or resource limit for eligibility for Medicaid. All other assets are nonexempt.



Q: Does the income of the applicant's spouse, who stays at home when the applicant is residing in a Nursing Home, count towards the maximum allowable income?

A: No


Q: If the applicant's income exceeds $2,022.00 can he still become eligible for Medicaid?

A: Yes. If he creates an Irrevocable Trust known as a Qualified Income Trust, he can be eligible for Medicaid. Sometimes it is called a Miller Trust but that is a misnomer.


Q: How do I create a Qualified Income Trust?
A: Call the law offices of MARK R. LEWIS, P.A., 6830 Central Ave., Suite D, St. Petersburg, Florida 33707; Tel: 727/381-1946; fax 727-384-4633; e-mail: mark6073@yahoo'.com


Q: What is a Lady Bird deed?

A: A deed for real property to avoid probate, but should be used with caution. I don’t like them unless the deed is transferring property that is not homestead or if homestead then to an unrelated transferee.