Medicaid Program Allows Sick Elderly To Hire Family Members As Caregivers// Elder Needs Law

[@rebeccaknight213]

I have been told many times that there is no program that pays a family member to care for an elderly parent. NONE!

[@elderneedslaw]

That is an incorrect assertion (at least in Florida). In Florida, when someone enrolls in the HCBS Medicaid Waiver program, they are then able to elect the Participant Directed Option (PDO). Here is another video that further describes this option: kzbin.info/www/bejne/qIbPp2Ouet-JjsUsi=FohTXC3P14BNtdhU Or, if you prefer, an article: www.elderneedslaw.com/blog/participant-directed-option

[@ruabadkitty]

Thank you.

[@elderneedslaw]

Thank you, Nancy, for being such a wonderful supporter of our channel!

[@kristenjohnson6695]

Do you have any information on the newly passed Family Home Health Aide for Medically Fragile Children program in Florida?

[@elderneedslaw]

Im sorry to say i dont know much about it. Our firm only works with Florida residents who are disabled adults or senior citizens.

[@gma904]

This was very helpful ty

[@elderneedslaw]

You are very welcome!

[@davetteshelton7384]

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?

[@elderneedslaw]

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.

[@robjohn6943]

Trying help my sister-in-law in Jacksonville who cannot work due to her ex-spouse's disability, caring for him fulltime, all while has her own medical problems. Barely subsisting. Where do I start?????

[@elderneedslaw]

Her ex should be looking into qualifying for the Medicaid Waiver program (HCBS) which involves a waitlist and financial eligibility criteria. The ex-spouse should be speaking with a Medicaid-planning attorney to discuss how to reduce time on the waitlist and protect assets to qualify (we serve Jacksonville, but I'd be happy to recommend a colleague if you prefer to work with someone local). Once on Medicaid Waiver, the ex can choose to enroll in the PDO program which will allow him to hire whoever he chooses (including your sister-in-law, if he so chooses). I hope this helps. To get into more detail, please schedule a consultation.

[@markg2228]

Thanks !!

[@elderneedslaw]

You're very welcome!

[@KevinChiloJr]

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?

[@elderneedslaw]

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.

[@polachelliot91]

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?

[@elderneedslaw]

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.”

[@AnniaRios]

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?

[@elderneedslaw]

Si su hijo es anciano y se encuentra en Florida, podemos ayudarlo. Llame para programar una consulta.

[@AnniaRios]

@@elderneedslaw gracias 🙏 por responder,mi hijo tiene 25 años,dígame a cual número de teléfono puedo llamar

[@myriamgramajo6399]

Do you know if the program is in Tennessee? thank you

[@elderneedslaw]

I do not know. But you can find an elder law attorney there by visiting: naela.org/FindALawyer

[@markjohnson3616]

What if you get ss and two pensions but cant afford care

[@elderneedslaw]

This is a very common problem, which we can help overcome with a Qualified Income Trust (Miller Trust). Learn more here: kzbin.info/www/bejne/rX-UcmyGg61parssi=U2bHcrBP8BMayIYG

[@sherryhuffman6493]

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!

[@elderneedslaw]

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.

[@joea7980]

Just to let you know. I would love to listen to your videos but you need more volume. Your volume is so low

[@elderneedslaw]

We appreciate the feedback Joe! We'll have Jason speak closer to the microphone!

[@joea7980]

@@elderneedslaw maybe a lapel mic

[@Quemevestgusto]

Do you guys have an email adress I have a question and would like to ask in private

[@elderneedslaw]

Yes. You can reach someone by emailing [e-mail]