Liquidating assets before medicaid

The “look-back” rule, which establishes penalties for gifts and other transfers of property made for the purpose of qualifying for Medicaid, prevents that from happening.Traditionally, the look-back period was three years.The Legislature has determined that the operation of a health maintenance organization without a subsisting certificate of authority or the renewal, issuance, or delivery of a health maintenance contract without a subsisting certificate of authority constitutes a danger to the citizens of this state and exposes any subscriber to immediate and irreparable injury, loss, or damage. Any such activities, oral or written, shall include a statement that the entity does not possess a valid certificate of authority and cannot enter into health maintenance contracts until such time as it has been issued a certificate of authority by the office. A health maintenance organization issuing or delivering in this state a health maintenance contract that provides prescription drug coverage shall offer medication synchronization to allow a subscriber to align at least once in a plan year the refill dates for prescription drugs covered by the health maintenance contract. A provider that denies or contests a health maintenance organization’s claim for overpayment or any portion of a claim shall notify the organization, in writing, within 35 days after the provider receives the claim that the claim for overpayment is contested or denied.Report assets acquired prior to June 30, 2001, in accordance with s. A comprehensive feasibility study, performed by a certified actuary in conjunction with a certified public accountant. The health maintenance organization shall implement a process for dispensing prescription drugs to a subscriber for the purpose of aligning the refill dates of such drugs, and such medication synchronization may be available only through a network pharmacy. The notice that the claim for overpayment is denied or contested must identify the contested portion of the claim and the specific reason for contesting or denying the claim and, if contested, must include a request for additional information.The Board reports annually to the Congress on the financial status of the trust funds.In order to qualify for Medicaid, one must generally be over 65 years old.

The Social Security Trust Funds are the Old-Age and Survivors Insurance (OASI) and the Disability Insurance (DI) Trust Funds.On the other hand, if a couple is married, and neither has yet qualified for Medicaid, all of the non-exempt assets of either spouse (regardless of the name on the deed, title, or other asset) are considered available to pay for the cost of care.As outlined below, a portion of these available assets may be saved for the benefit of the well spouse.In other words, a person must have only a very small amount of assets to be eligible.Because someone who enters a nursing home generally has a limited life expectancy, and the circumstances won’t permit that person much of an opportunity to spend money on anything other than nursing home care, the incentive to hold onto assets for future personal use is very limited.

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One must also be sufficiently ill, and need sufficient assistance to qualify for Medicare pursuant to what is referred to as one’s service priority level.

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