Month: May 2024

Medicaid and Assisted Living: COVERAGES


Overview of Assisted Living

Assisted living provides residential care for seniors who aim to live independently but require help with daily tasks such as household chores, medication management, meal preparation, and activities of daily living (ADLs) like bathing, dressing, or transferring. Those needing extensive help or skilled medical care might need nursing home care instead. The Genworth Cost of Care Survey found that the national median cost for a private one-bedroom unit in an assisted living community was about $5,350 per month in 2023, while Seniorliving.org estimated the median cost of assisted living in the U.S. to be $5,511 per month, as of 2024, making it financially challenging for many seniors and their families.

Medicaid Coverage in Assisted Living

Medicaid offers some financial assistance for assisted living, but coverage varies by state. Generally, Medicaid does not cover room and board costs in assisted living facilities as it does in nursing homes. Instead, Medicaid helps with specific personal care services. The fundamental services that Medicaid programs typically cover in an assisted living facility include:

  • Personal Care Services: Helping with ADLs such as bathing, dressing, and mobility.
  • Homemaker Services: Help with meal preparation, laundry, and light housekeeping.
  • Case Management: Coordination of care and services.
  • Transportation: Rides to medical appointments and other necessary travel.
  • Personal Emergency Response Systems: Devices and systems to alert emergency services.

If a state’s Medicaid program does not offer financial assistance with residential assisted living, seniors might find comparable personal care options through Medicaid waiver programs, which support in-home care and adult day care to help seniors avoid nursing home placement. However, these programs often have enrollment caps and waiting lists.

Medicaid and Dementia Care

Medicaid can assist seniors with dementia in paying for assisted living, but eligibility is not automatic. State functional assessments, which determine Medicaid eligibility, might not fully account for cognitive impairments from dementia. These assessments often emphasize physical impairments, potentially overlooking the need for verbal cues and monitoring.

Eligibility and Application Process for Medicaid-Covered Assisted Living

To qualify for Medicaid-covered assisted living, seniors must meet strict financial and functional criteria, which vary by state. Key factors include the type of care required, medical diagnosis, residence, and marital status. A doctor must certify that assisted living is “medically necessary” for the senior.

Seniors typically need to spend down their countable assets and income to meet eligibility requirements, often paying out of pocket until they qualify. Funding sources for assisted living costs include savings, Social Security benefits, pension payments, and retirement funds. Medicaid’s “look-back period” reviews financial history to prevent asset transfers intended to qualify for benefits, with penalties for such actions within five years of applying.

Given the complexity of Medicaid planning, working with an elder law or Medicaid planning attorney is advisable to avoid costly mistakes and ensure a successful application.

Finding Assisted Living That Accepts Medicaid

Finding Medicaid-certified assisted living facilities can be challenging due to low reimbursement rates and limited availability. Just under half of all assisted living communities are Medicaid-certified. Contacting the nearest Area Agency on Aging can be a helpful first step. Understanding different terms for assisted living in your state (e.g., adult foster care, board and care homes, memory care facilities) can also ease the search.

A Senior Living Advisor from services like A Place for Mom can provide additional guidance on available options.

Paying for Room and Board in Assisted Living

Since Medicaid only covers seniors with limited financial resources, paying for room and board in assisted living can be difficult. Some states limit how much assisted living facilities can charge Medicaid beneficiaries, often aligning costs with federal Supplemental Security Income (SSI) benefits. In 2024, the maximum monthly SSI payment is $943 for an individual. SSI provides monthly payments to people with disabilities and older adults who have little or no income or resources. In the alternative, the estimated average monthly Social Security retirement benefit for January 2024 is $1,907.

To further assist, some states offer optional supplements to federal SSI payments, which vary based on living arrangements. Veterans and surviving spouses might also qualify for VA pensions to help cover long-term care costs.

Comparing Medicaid and Medicare in Assisted Living

Medicare does not cover assisted living or other long-term care costs, making Medicaid the primary public funding source for these services. However, Medicare remains crucial for medical services within an assisted living community. Seniors with both Medicare and Medicaid (dually eligible) have Medicare paying first for covered services, with Medicaid covering remaining eligible costs.

Understanding these distinctions and the specific benefits and limitations of Medicaid can help seniors and their families navigate the complexities of financing assisted living care.

The foregoing is a brief and general overview of the topic.

If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Florida Homestead Law and Creditor Protection-A Brief Overview

The Florida homestead law provides robust protection to a resident’s primary home from judgment creditors. According to Article X, Section 4 of the Florida Constitution, a judgment creditor cannot force the sale of a homestead to satisfy a creditor’s monetary judgment, nor does a recorded judgment attach to or become a lien on the homestead property.

Florida courts have extended homestead protection to various types of residences, including condominiums, mobile homes, and manufactured homes.

Florida’s homestead law offers extensive protection, arguably the most comprehensive in the United States. The protection covers the full value of a debtor’s homestead property, limited only by the size of the lot. Individuals from other states sometimes move to Florida and purchase a homestead to shield their assets from creditors.

Since homestead protection is enshrined in the Florida Constitution, it is more enduring than statutory protections, which can be modified or repealed by the legislature. Additionally, homestead protection cannot be overridden by future laws enacted by the Florida legislature.

Homestead property in Florida includes a natural person’s principal residence, up to ½ acre of land within a municipality or up to 160 acres in an unincorporated county. The homestead protection applies to contiguous property used by the homeowner’s family.

Regardless of the location, there is no limit on the square footage or the value of the physical residence. If the property exceeds the size limits, the homestead protection applies pro-rata to the total property value.

The Florida Constitution outlines specific exceptions to homestead protection. The homestead is not protected from:

  • Voluntary liens, such as mortgages or home equity loans.
  • Mechanics liens for improvements made to the property.
  • Liens recorded before homestead acquisition for homeowner association dues and assessments.
  • Property taxes, state taxes, and IRS tax liens.

To qualify for homestead protection, three main rules apply:

  1. Primary Residence: The property must be intended as the permanent, primary residence.
  2. Occupancy: The owner must occupy the property.
  3. Legal Title: The owner must hold legal title or a beneficial interest in the subject property.

Primary Residence: The homestead protection only applies if the property is the owner’s primary residence. This intent can be established immediately upon moving in.

Occupancy: The owner must physically reside in the property, although temporary absences are allowed. The homestead protection must be in place before a judgment is recorded in the county where the property is located.

Legal Title: The property must be titled in the owner’s name or a revocable trust. Properties owned by entities such as LLCs or irrevocable trusts do not qualify.

The Florida homestead exemption is a property tax benefit that reduces the assessed value of a home by $50,000 and limits annual increases in property tax assessments. To qualify, the property must be the owner’s primary residence as of January 1 of the calendar year for which the exemption is sought.

Proceeds from the sale of a homestead are protected if intended for reinvestment in a new homestead. The owner must actively search for a new home and keep the proceeds in a separate account, although they can be used for other expenses during the home search.

Florida homestead law exempts homestead properties from fraudulent conversion claims. A debtor can convert non-exempt assets into a homestead to protect them from creditors, even after a lawsuit has been filed, unless the money used was obtained through fraud or deceit.

To qualify, the debtor must be a permanent resident of Florida and the homestead property must be the primary residence.

Homestead protects your home from forced levy and sale by civil judgment creditors.

To claim the Florida homestead exemption, for asset protection, no action is required. For the tax exemption, filing an application or renewal with the county is necessary.

As to Florida homestead after death, the protection continues, and the homestead is not included in the legal proceeding known as probate.

Waiver of homestead protection is possible when pledging the homestead as security for a mortgage loan. Other waivers are generally unenforceable.

As for potential liens on a house in Florida, creditors with valid monetary judgments can get a lien on property, but the homestead is exempt from forced sale and liens.

The foregoing is a brief and general overview of the topic.

If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Slip & Fall Accidents in Florida – An Overview

If a Florida resident has been injured in a slip and fall accident on someone else’s property, it is crucial to seek prompt legal guidance to understand their rights and options for compensation. A seasoned premises liability and personal injury lawyer can be an invaluable asset to assist injured parties.

In Florida, slip and fall accidents will generally fall under premises liability claims that require a property owner or occupier (i.e., business, commercial location, or otherwise private property) to use ordinary care to reduce or eliminate an unreasonable risk of harm created by a condition on the site or premises.

Because a person slipped and fell on someone else’s property does not automatically entitle the injured party to compensation from the property owner. Instead, an injured party must prove that the property owner’s negligence was the cause of a slip/trip and fall accident to be entitled to recover compensation from the subject property owner. Frequently, fall down cases are attributed to poor conditions on the property, and if it can be proven that the owner of the property was aware or should have known that these conditions existed, and did nothing about it, then the injured may be able to recover damages for their losses, such as medical expenses, lost wages, and more.

Among the provisions in the 2023 law signed by Gov. Ron DeSantis on March 24, 2023: a shortened statute of limitations or deadline was established in personal injury cases, from four (4) to file with the Florida Courts down to two (2) years as well as a less favorable comparative fault standard from a pure comparative (i.e., any amount of fault) standard to one that includes a 51% bar, i.e., the other party must be more at fault than the victim.

Common Causes of Slip and Fall Accidents

  1. Spilled Liquids: Property owners have a duty to promptly clean up spills and adequately mark areas where liquids are present to prevent accidents.
  2. Inclement Weather Hazards: Failure to address hazards caused by weather conditions like ice, rain, hail, or fallen leaves can lead to slip and fall accidents. Property owners should take reasonable precautions to maintain safe conditions during inclement weather.
  3. Tripping Hazards: Unsafe property conditions such as damaged floors, stairs, sidewalks, or poor lighting can create tripping hazards. Property owners are responsible for maintaining their premises in a safe condition to prevent accidents.

The legal team at CASERTA & SPIRITI is dedicated to helping victims of others’ negligence pursue the compensation they deserve for their injuries.

Personal Injury attorneys offer free, no-obligation consultations to discuss the injured party’s case and provide personalized legal advice. One should not hesitate to reach out for legal assistance in navigating their slip and fall injury claim.

The foregoing is a brief and general overview of the topic.

If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Florida Estate Planning Guide-An Overview

Creating an estate plan is crucial, regardless of one’s age or financial status. Without one, assets may be distributed according to Florida Intestacy Laws, which can lead to lengthy and costly probate proceedings. To assist in navigating the Estate Planning process, the following is a brief general guide or overview tailored for Florida residents:

Step One: Answer Questions

  1. Guardianship for Children:

    • Determine who will care for children if the parents become incapacitated or pass away.
    • Avoid potential custody disputes by making these decisions in advance.
  2. Financial Management:

    • Designate a trusted individual to manage one’s finances if one is unable to do so.
    • Ensure they will act in one’s best interest and make prudent decisions.
  3. Healthcare Decisions:

    • Appoint someone to make healthcare decisions on one’s behalf in case of incapacity.
    • Consider their ability to advocate for specific wishes regarding medical treatment.
  4. Advance Healthcare Directives:

    • Specify preferences for medical care, including end-of-life decisions, through Advance Directives.
    • Clarify one’s stance on life support and other critical healthcare matters.
  5. Life Insurance Requirements:

    • Evaluate life insurance needs to cover outstanding debts and provide financial support for the family.
    • Consider shared assets and joint accounts when calculating coverage.
  6. Beneficiaries and Asset Distribution:

    • Determine who will inherit assets and how they will be distributed.
    • Discuss tax implications and strategies with an attorney and tax advisor to optimize asset transfer.
  7. Executor Appointment:

    • Choose Personal Representative (an executor) responsible for carrying out specified wishes and administering the estate.
    • Provide clear instructions and ensure they understand their responsibilities.

Step Two: Gather Information

  1. Real Estate Holdings:

    • Compile a list of all properties one owns, including addresses, values, and relevant documentation.
  2. Financial Accounts:

    • Document bank accounts, investments, and retirement funds, along with account numbers and balances as well as usernames and passwords.
  3. Vehicles and Watercraft:

    • List all vehicles and watercraft owned, including identification numbers and ownership documents.
  4. Personal Items:

    • Identify high-value personal items like artwork, antiques, and jewelry, along with sentimental possessions.
  5. Debts Owed to You:

    • Record any outstanding debts owed to you, including debtor information and loan documentation.

Step Three: Speak with an Estate Planning Attorney

  1. Legal Documents:

    • Collaborate with an experienced Florida estate planning attorney to create essential documents tailored to one’s needs.
    • Consider drafting a Last Will and Testament, Durable Power of Attorney, Advance Healthcare Directive, and Pre-need Guardian Designation as well as any other appropriate documents.
  2. Trusts and Asset Protection:

    • Explore the benefits of Trusts, Lady Bird deeds and Beneficiary Designations for avoiding probate, facilitating asset transfer, and minimizing tax liabilities.
    • Discuss asset protection strategies to safeguard the estate from creditors and legal claims.
  3. Review and Update:

    • Regularly review the subject estate plan to ensure it reflects one’s current wishes and financial situation.
    • Update beneficiaries, trustees, and personal representatives/executors as needed to maintain alignment with evolving goals.

Conclusion

By following the foregoing Florida Estate Planning Guide and consulting with an experienced Estate Planning attorney, a Florida resident can create a comprehensive estate plan that safeguards their assets, protects their loved ones, and ensures their last wishes are honored. It is important to begin planning for the future as early as possible.

The foregoing is a brief and general overview of the topic. If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.