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The surviving spouse is not responsible to pay for the necessities of
the decedent spouse, so his hospital and nursing home bills are debts of
his Estate. They are not the debts of the surviving spouse unless (s)he
agreed to pay them.
PAGE 36: Correction
Real property owned jointly in Florida has no
rights of survivorship unless the deed to the property indicates
that there are rights of survivorship.
CHAPTER 9: MEDICARE UPDATE
The 2006 figures for a stay in a skilled nursing facility (i.e., a
nursing home) under the Original Medicare Plan are as follows:
You pay nothing for the first 20 days of skilled nursing care and
$119 for days 21-100; i.e., you pay up to $9,520 for the next 80
days of a stay in a skilled nursing facility.
You are responsible for all costs thereafter.
The 2007
Medicare value for a stay in a skilled nursing facility for days 21
through 100 is $124 per day.
In 2008, those on the original Medicare plan will pay:
$128 per day for days 21-100 in a skilled nursing facility for each
benefit period. This is $4 higher than the 2007 value.
CHAPTER 10: MEDICAID UPDATE - Effective 1/1/06
The federal and state governments have increased the
Community Spousal Resource Allowance to a maximum of $99,540. They increased the Minimum Monthly
Maintenance Needs Allowance to $2,488.50.
CHANGES MADE BY
CONGRESS IN 2006
Congress passed the following changes to the Medicaid law:
FIVE YEAR LOOK BACK
The Look-back period is extended from three years
to five years.
PENALTY
PERIOD STARTS WHEN YOU APPLY
Under the prior Medicaid law the Penalty Period
started from the day the transfer was made. Under the new law the
Penalty Period begins on the day the Applicant applies for Medicaid,
meaning that the Penalty clock doesn't start ticking till the
Applicant is otherwise eligible and actually applies. For example, if a person makes an
uncompensated transfer during the five year period before he applies
for Medicaid, the Penalty Period will begin as of the day he applies
for Medicaid.
HOMESTEAD WITH EQUITY OF $500,000 OR MORE
If the equity in the Applicant's home (current
market value less mortgages and liens) is equal to $500,000 or more,
he will not be eligible to receive Medicaid benefits. States are
given the option of increasing this value to $750,000 or more.
These changes need to be adopted by the states,
so it may take several months before these laws are put into effect.
Check with an Elder Law attorney to determine the status of the
Medicaid law in Florida.
THE WRONGFUL DEATH; MEDICAL MALPRACTICE
Under Florida statute 768.21 if the decedent died from a wrongful
death; i.e., the death was caused by the wrongful or negligent act of
another, then the decedent's survivors can sue for lost support,
medical and funeral expenses. These awards are relatively small. Large
awards result from losses suffered for lost companionship and pain and
suffering caused by the loss. But under this law, if the wrongful death
was caused by medical malpractice by a doctor, nurse, hospital, nursing
home, etc., no one other than the surviving spouse, or the decedent's
minor children can recover for lost companionship and pain and
suffering. This means that no matter how wrongfully or negligently the
medical community behaved, there can be no award for these losses unless
there is a surviving spouse or minor child. The adult child of a
deceased parent and the parent of an adult child who died because of
medical malpractice cannot be compensated for such losses.
