Does Medicaid Take all of my Social Security Income?

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Attorney Jason Neufeld discusses what happens to your Social Security Income for Medicaid Recipients — Learn more about Social Security Income👇

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Transcript:
I occasionally get the question: Does Medicaid take all of my social security income? Or do I have to pay my Social Security income over to Medicaid in order to qualify for Florida Medicaid long term care benefits; such as the ICP program for nursing home or Medicaid waiver, which is also known as home and community based services Medicaid that pays for home health care or pays for a portion of assisted living facility bill? And the answer is no.

But it's important to understand how your income is treated in different long term care settings. So real quickly, the short answer is, you will never pay a dime of any of your income to Medicaid directly. Medicaid doesn't accept your money. Medicaid provides you with certain benefits depending on what you qualify and are eligible for. But let me reverse engineer this.

If you are in fact, in a skilled nursing facility or a nursing home that deals with Medicaid, if you otherwise qualify for Medicaid, if your income is below a certain amount or your assets are below a certain amount, or if they're not, you've come to someone like me who had is able to engineer your eligibility in a legal and ethical manner.

Then the deal with Medicaid is, you owe the nursing home nearly 100% of your income. The way it works is they take your income, and there are very few allowable deductions, they let you keep what's called a personal needs allowance. That is currently in Florida in the year 2020, the personal needs allowance happens to be $130. Then they let you pay for certain pre approved expenses, like if you have a Medicare supplement that you really like and you don't want to get rid of, Medicaid won't force you to get rid of it. You can continue paying those bills out of your income. But essentially, you're giving 100% of your income, you're lessing out the $130 personal needs allowance, and then Medicaid is paying the entirety of the skilled nursing facility bill for a semi private room. That's the deal.

So when the question is: do I give all of my income or does Medicaid take my social security? The technical answer is no, because you're not paying it to Medicaid. But if you're in a nursing home or if you need to be in a skilled nursing facility, all of your income or nearly all of your income does in fact go into the facility to pay what's called your patient responsibility or share of costs and then Medicaid, the ICP program, is paying the difference.

Now, let's talk about Medicaid long term care in a different setting. If you are in fact in need of assisted living facility care or if you're in need of Medicaid to help pay for home health aides to come to your house to help you with your activities of daily living; In that situation, no one gets your income, you keep 100% of your income and then Medicaid will supplement with certain services. So for example, in a home health care setting, depending on what level of care you are approved for, Medicaid will pay an agency for whatever number of hours you require or are deemed necessary in your particular case.

In an assisted living facility setting, the assisted living facility has their bill and if the facility accepts Medicaid, not all of them do so you want to be careful. I mean, many, many good assisted facilities will accept Medicaid, but they're not required to the same way that nursing homes are. But if you find the assisted living facility that you like and they accept the Medicaid, Medicaid would typically contribute a little over $1,300 dollars toward the assisted living facility bill. But assisted living facilities cost more than $1,300 dollars typically. So you have your income, you have what Medicaid will contribute toward an assisted living facility, and then someone else has to come up with the balance...
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What about your debts and what happens to your bills if you are on medicaid in a long term nursing facility?

vijzgjy
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Hey, quick question: if a home care agency accepts medicaid, does medicaid provide us with their clients with the return of our caregivers services or do we still need to go out there to find clients for medicaid program? your videos are really helpful to me! Thank you

mazukfilho
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My father is currently in a nursing home in Florida he's been there for 6 weeks for Rehab.Medicare is covering 80% and his co-insurance is $200 a day. Medicare is about to end and we applied for Medicaid ICPto cover his coinsurace but we're still waiting for it to be approved. in the meantime his VA been benefits have been approved and he would start getting his Aid attendance next month at which time I would like to put him into an assisted living .Can he receive the VAaid and attendance to pay for his assisted living and Mediaid ICP to cover his coinsurance for the nursing hone?.

ladysunshine
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Is it legal for medi-cal to count veteran benefits and social security retirement as income?

MacNcheese
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Their atill getting your money. Whats the difference.

markdismang