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Lane
Lane, JD, CFP, MBA, CRPS
Category: Finance
Satisfied Customers: 12044
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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My mother in law (90 yrs old) is in a nursing home and is on

Customer Question

My mother in law (90 yrs old) is in a nursing home and is on Medicaid in florida. Her income is about $1600/mo. Back in June before the nursing home and Medicaid we applied for VA survivor benefits and she could receive up to $1100/mo. Will she loss her Medicaid benefits? If yes, should we cancel the application for the VA benefits? We cannot afford to loss Medicaid
Submitted: 1 year ago.
Category: Finance
Expert:  Lane replied 1 year ago.

Hi,

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I hold a JD (Juris Doctorate, a doctoral degree in the law), concentration in Tax Law & Corporate law, an MBA (specialization in finance & tax), and BBA from Mercer University's Stetson School of Business and Economics, as well as CFP and CRPS designations.

I can help here

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No ACA (Affordable Care Act) changed much of the Medicaid Eligibility rules.

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See this from Health and Human Services: (I'll underline the pertinent part)

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The MAGI methodology for calculating income differs significantly from previous Medicaid rules.

Some income that Medicaid used to consider part of household income is no longer counted, such as child support received, veterans’ benefits, workers’ compensation, gifts and inheritances, and Temporary Assistance for Needy Families (TANF) and SSI payments.

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In addition, states can no longer impose asset or resource limits, and various income disregards ***** ***** replaced by a standard disregard equal to 5 percent of the poverty line. There are also changes to who is included in a household and, therefore, whose income is counted.

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Customer: replied 1 year ago.
Does this also apply in the state of Florida. I was told at the finance office at the nursing home that the income level was $2,000 and that VA benefits if it was a pension would count. Is this true? She is a surviving spouse.
Expert:  Lane replied 1 year ago.

I'm so sorry, it looks like Florida hasn't expanded Medicaid under ACA.

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the U.S. Supreme Court ruled in 2012 that the withholding of funds for existing Medicaid programs was unconstitutional. Medicaid expansion was left as an option for states, and Florida did not implement it. As of November 2015, Florida is one of 20 states that have not yet expanded Medicaid.

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Then in June, after a heated six hour debate, the Republican-controlled House voted 72-41 against the measure to accept federal funds and expand...It had passed in the state Senate earlier that week.

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There's lots and lots of opposition ... MY bet is thhat it will expand soon.

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But yes, so sorry, for now don't take the VA Aid and attendance... The when Florida DOES expand, if they do, you can then apply.

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