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Howard Krooks
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NAELA Delegation to China_Dec 2013
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Although not exactly a Nursing Home Professional, As Elder Law Attorneys, we make it our business to keep current on the ever-changing policies that the Department of Children and Families (DCF) uses to govern Florida’s Medicaid program.
A recent transmittal came to our attention that will allow you to be paid for facility charges incurred in the 3 months prior to application where the applicant was denied for being over the income cap or over-resourced. Now, your unpaid charges are an unreimbursed medical expense and your unpaid bill may now be deducted from the patient responsibility after Medicaid qualification until you are paid in full.

It is now state policy that the resident’s monthly income may be used to pay the “pre-eligibility medical expenses” from patient responsibility income. Your unpaid bill is now included in the definition of medical expenses when it was specifically excluded before. The procedure is that the patient responsibility will be lowered and all or a portion of it may be used to pay your debt.

Examples of how this will work include the following:
• A resident had excess income and did not create and fund a qualified income trust in time.
• A resident’s assets were above the $2,000.00 limit.
• A resident failed to qualify for Medicaid upon admission, and now owes a balance to your facility having finally qualified for Medicaid.

If you have residents with these issues, we suggest you contact Medicaid to arrange for payment. We hope you find this information helpful. We encourage you to call our office if you have questions.
Kind Regards,
Ellen S. Morris, Esq. and Howard S. Krooks, Esq., CELA, CAP

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A wonderful program that I work with and my kids are volunteers.  It deserves national attention!  

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