Medicaid Program Allows Sick Elderly To Hire Family Members As Caregivers// Elder Needs Law
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- เผยแพร่เมื่อ 25 ส.ค. 2024
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Transcript:
Today's question is Which Medicaid program allows the sick and elderly to hire family members as caregivers. Now, of course, this only pertains to forward up, that's the only state in which I cover but there is a Medicaid program that will help pay a family member to take care of a disabled or elderly loved one that is commonly referred to as the Medicaid waiver program. Sometimes it's also called home and community based services, Medicaid as well in Florida. And the way a family caregiver can get paid is with one of two ways. The first is referred to as a personal service contract. And I'll link to a video that talks more about that. But essentially, what it is, is it's a useful, it's a useful strategy, when someone already has assets, meaning a, someone who wants to apply for Medicaid has assets in their name that they want to get rid of, without having to go broke, they want to they want to protect what they have. And Medicaid, as you may or may not know, does not allow gifting within five years. So this technique is called a personal services contract. And you could utilize it anytime before you apply for Medicaid. And the idea is, you set up this contract with a family caregiver, anyone other than a spouse, it can be a child, it can be a neighbor, it can be a cousin, whoever anybody cannot be the Medicaid applicants spouse. But essentially, we would calculate the lifetime value from the time the contract is signed moving forward of the services that are being provided by the caregiver for the eventual Medicaid applicant, and it can be more than one caregiver. And once we calculate that fair market value, that amount of money, the full value of the contract can be transferred from the Medicaid applicants name to the caregiver in one lump sum. Medicaid does not look at that as a gift if it's structured properly, and if it's fair. Alright, so that's one way of doing it right. It's someone who has assets that they need to get out of their name before they apply for Medicaid, because we know that Medicaid only allows you to have $2,000 for the Medicaid waiver program. And Florida only allows you to have $2,000 to your name. So that is one tool. The The second is more applicable, when you have someone who's already done whatever they need to do to get assets out of their name. After they have been approved for the Medicaid waiver program. There is an option called PDO, which stands for the participant directed option I'll link to an article I wrote that talks more about PDO as well. But essentially, once you're on Medicaid, right, you're you're on Medicaid because your income is below the income cap. And if it's if your income exceeds the income cap, you're utilizing a qualified income trust, and your assets are already below $2,000 without having gifted assets away in the last five years, but once you meet the financial criteria, once you've passed the weightless once you're on the program, you have a choice, you can you can hire a homecare agency that contracts with your Medicaid Care Organization, the managed care organization, or you can choose to hire a loved one. And what's interesting is that with this program, you can hire a spouse, in addition to a child or a friend or a cousin or really anybody else, the only restriction with the PDO program is the person you hide or take care of you are of the Medicaid, our Medicaid recipient has to take care of them must be legally able to work in the United States. And they have to pass a level two background check, they'll be fingerprinted and go through a screening process. At that point in time, they will get they can enroll in the PTO program and they will be paid for the number of hours that the Medicaid care or if the managed care organization has approved right if been approved for 20 hours, the caregiver will be able to submit up to 20 hours per week, and I'm making that number up. Could be 40 hours could be 60 hours....
This was very helpful ty
You are very welcome!
Thank you.
Thank you, Nancy, for being such a wonderful supporter of our channel!
Thanks !!
You're very welcome!
Thank you for helping me navigate thru an already taxing confusing process! I am my husband care giver and received a renewal for SNAP and mistakenly clicked Medicaid waiver additionally. I didn’t know, until I received a Medicaid Renewal letter from Sunshine Healthcare LTC. My husband renewal set for 1/2025. Do I complete this form? If so, under listed income how do I report caregiver income from Medicaid?
If your husband qualifies for LTC Medicaid Waiver, he will need to renew once a year. We are not tax experts, but I dont see why income earned through the PDO program through Sunshine Health would be anything other than ordinary income for tax purposes.
Hola soy madre soltera de un jovencito discapacitado mentalmente,tiene autismo,epilepsia y trastornos de anciedad y depresión,estoy en la lista de espera desde el 2018 ,pero ahora mi hijo ha empeorado,no puedo dejarlo solo,para irme a trabajar,el seguro no da autorización para que reciba cuidados en casa,llevo 3 meses sin poder trabajar y pidiendo ayuda en las iglesias,para pagar renta y otras utilidades,que se puede hacer en estos casos?
Si su hijo es anciano y se encuentra en Florida, podemos ayudarlo. Llame para programar una consulta.
@@elderneedslaw gracias 🙏 por responder,mi hijo tiene 25 años,dígame a cual número de teléfono puedo llamar
What if you get ss and two pensions but cant afford care
This is a very common problem, which we can help overcome with a Qualified Income Trust (Miller Trust).
Learn more here: th-cam.com/video/wN1A9PNH64Y/w-d-xo.htmlsi=U2bHcrBP8BMayIYG
Hi! Great video thank you for all the information you have giving out, I’m trying to do this for my mother who can I contact? I already got her Medicaid should I call Medicaid to discuss that I want me or my wife to be the caregiver for my mother?
It depends on which medicaid program you are referring to. If mom is on Medicaid Waiver (aka Home and Community Based Services, aka SMMC-LTC) then call the assigned caseworker and ask to enroll in the PDO program.
Can you please cite the CFR number or statute number for what allows Medicaid to seek recovery of funds from.a home and community based services waiver participant's estate after their death so long as they don't die in a long term care facility or similar skilled or assisted living environment that was funded by Medicaid?
You can read more about it here: www.elderneedslaw.com/medicaid-estate-recovery
But in short: Section 1917 of the Federal Social Security Act (42 USC § 1396(p)), and 42 CFR 433.36, requires that States recover medical assistance payments made to, or on behalf of, a Medicaid recipient from the assets in the estate of that deceased recipient.
Florida Statutes 409.9101 is known as the “Medicaid Estate Recovery Act.”
Just to let you know. I would love to listen to your videos but you need more volume. Your volume is so low
We appreciate the feedback Joe! We'll have Jason speak closer to the microphone!
@@elderneedslaw maybe a lapel mic
Do you know if the program is in Tennessee? thank you
I do not know. But you can find an elder law attorney there by visiting: naela.org/FindALawyer
I'm it! My mom lives with me I'm a only child! I feed bed wake and bathe my mom now she can't walk and bathroom is not an option or a bath! I need to care for her at 66 she is 89!! I need help in plain language to help us!
The entire process is really complex, and it would be exceedingly difficult for me to provide all the details here, but this is the process in a nutshell:
If you live in Florida, you need to start a waitlist process with your local Area Agency on Aging or Aging and Disability Resource Center (every region in Florida is assigned to one of these agencies. You can find the full list here: elderaffairs.org/. When you call, ask to join the Waiver Waitlist. There will be a screening call (about 45 min - 1 hr) where they will ask you a bunch of questions. Once on the waitlist, the waiting can take many months, depending on how the screening call goes (if you need help reducing time spent on the waitlist, we can assist). But, your mother needs to get off the waitlist BEFORE applying.
Once off the waitlist, you would then submit a Medicaid Waiver application with a separate agency (Department of Children & Families). Assuming mom meets the financial (income/asset) criteria she would be approved.
I hope this helps. To discuss in more detail, please schedule a consultation.
Do you guys have an email adress I have a question and would like to ask in private
Yes. You can reach someone by emailing scheduling@elderneedslaw.com