Law Offices Of Paul H. Threatt, PLLC.


CMS – The Centers for Medicare and Medicaid Services, formerly known as the Health Care Financing Administration. This agency oversees the federal Medicaid program. They provide policy to the states which is one level removed from you the consumer or applicant.

Community Spouse (CS) – The spouse who will not receive Medicaid benefits. If both spouses require Medicaid benefits, then there is no Community Spouse.

Community Spouse Resource Allowance – The minimum and maximum amount a community spouse is allowed to keep when the other spouse applies for Medicaid. These change almost every year in Florida. Contact our office for more information on the current limits: (904) 650-4262.

Compensated Transfer – A transfer of assets by a Medicaid applicant for which the transferor/applicant received fair market value.

Estate Recovery – The Florida government’s power to file a lien against a Medicaid recipient’s estate following the death of the recipient to recover monies paid out by the state for the recipient’s care. In simple terms, if you receive Medicaid benefits, Florida can take assets from your estate to compensate itself if those assets are not properly protected. Contact me today to create an asset protection plan: (904) 650-4262.

Fair Hearing – If Florida denies your application for Medicaid benefits, you have 90 days from the date of denial to request a hearing to appeal the decision. The hearings are conducted by the same state that denied you and are therefore very difficult to win. For help with a fair hearing call me at (904) 650-4262 today.

Income Cap State – Florida imposes a limit on a Medicaid applicant’s income. The amount changes almost every year. Contact our office for more information on the current limits: (904) 650-4262.

Institutionalized Spouse (IS) – The spouse for whom Medicaid benefits are sought. 

Lookback Period – The period of time Medicaid will examine an applicant’s finances to determine whether any uncompensated transfers were made. Currently, the Look-back Period for Medicaid is 5 years and as of July 1, 2019 the Lookback Period for the VA is 3 years. As you can see, advanced planning is critical to preserving your savings. Before you or your spouse becomes ill or injured, call me and let’s create an asset protection plan: (904) 650-4262.

Miller Trust – An irrevocable, income only trust which holds the excess income of a Medicaid applicant (income over the allowable income cap). The excess income must be spent on the applicant’s care. Any funds left in the trust account at the applicant/recipient’s death get paid back to the State. If you have income over the income cap, but well under the under the approximately $9,000 per month for average monthly cost of care, I can help you create one of these trusts so that you might qualify for Medicaid benefits. Gather all your documents related to income, assets, and medical care and call me: (904) 650-4262.

Minimum Monthly Maintenance Needs Allowance (MMMNA) – The minimum amount of income to which a community spouse is entitled.

Personal Needs Allowance – The amount of income that a Medicaid recipient is allowed to keep each month to be used for the recipient’s personal needs.

Pooled Trust – A trust run by a non-profit organization, often used to help obtain Medicaid eligibility. If you are concerned about who will manage your Trust and the cost of managing your Trust, this might be a solution for you.

Special Needs Trust (SNT) – These trusts are created to protect the eligibility for government assistance of those with special needs. Also referred to as a Supplemental Needs Trust.

Supplemental Security Income (SSI) – Financial assistance to disabled persons (as determined by Florida) with very low income and assets. Persons who receive SSI usually receive Medicaid.

Social Security Disability Insurance (SSDI) – Income awarded to persons determined to be disabled according to the Social Security Administration, but the award is not income or asset-based.

Snapshot Date – The date used by Medicaid to take a snapshot of a couple’s finances to determine Medicaid eligibility. This can be confusing. Under federal law, the snapshot date is the first day the Medicaid applicant is admitted to a health care facility for at least 30 continuous days and then applies for Medicaid. (Hospitalization can be added to nursing home/rehab). BUT Florida uses the date of application as the snapshot date. Call me for more clarity on this issue: (904) 650-4262.

Transfer Disclosure Period – Essentially, the same as the Look-back Period, but this term makes it clear that the burden is on you to disclosure the transfers which Medicaid will find while reviewing your application.

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