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sssrud Asked May 2017

What is Florida's penalty divisor?

igloo572 Jun 2017
SSS - I'm guessing there's a transfer penalty looming for you to deal with?
If so, I'd really suggest that mom pays for an NAELA atty to shepherd her Medicaid application & deal with the transfer penalty inquiry. IMO unless it's a smallish fixed amount - like mom gifted her very, very old car to worthless nephew or wrote a 10k wedding present to favorite grandkid- it's not a DIY project. If the gifting was a home, the penalty could be massive and will require all sorts of legal paperwork to deal with. And you do NOT submit the Medicaid application till after meeting with her atty.

If you can't find on state Medicaid website, the Agency on Aging office should have the daily room&board reinbursement rate. A NH who takes medicaid can tell you too.

If this is about real property transfer, it s NOT based on the date of transfer but on the date of medicaid application. All this due to Bush DRA (deficit reduction act) of 2005.

R&B average is $ 180 a day. Some states - esp southern states have it lower. Like for TX when my late mom went onto Medicaid it was $ 145 a day & went to abt $160 when she died. A 200k house gifting would basically mean an average of over 1,000 days of transfer penalty based ineligibility. Your elder although they are now impoverished and qualify for medicaid are ineligible due to transfer penalty. If a TP inquiry letter goes out, it will go to the elder & their DPOA and the NH will get a cc of it. NH can require for someone to sign off to be legally responsible for costs in order for elder to stay in NH while penalty inquiry is dealt with...... If not, they can send a "30 day notice" to elder & family. It then becomes a panic situation. If you know there's a issue looming, please get with an atty first & before ever submitting Medicaid application.

JoAnn29 May 2017
Thanks, learned something new. TG I didn't have to deal with that. Mom never had any money to give away.

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vegaslady May 2017
It would change year to year. It's the daily amount of nursing home care cost. So if you gifted away some money during the 5 year look vack period, that amount would be divided by the daily divisor to figure out how many days a person would be ineligible for Medicaid. State website should have the info somewhere.

JoAnn29 May 2017
Sorry, need more information. Have no idea what a penalty divisor is and are your talking about Medicaid?

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