Q: Does Medicaid ever approve benefits to people who have no other assets other than land property?
My sister is disabled due to a stroke in 2019 - after which she was in a California skilled nursing facility up until the end of September 2024 when she relocated to Florida. She was covered through Medi-Cal while residing in California. She's not eligible for SSDI - didn't earn enough. She applied for Medicaid and was denied because of land property she owns. She was approved for food assistance. The property does not earn income, there is nothing on it, it's just land. There are no other assets other than a home she owns with another sister and now resides in (in Florida). She will receive SS in April which will not be enough for her to live on. Her Medi-Cal ends January 31st for it's only good in Florida for life threatening emergencies. She will need health insurance. Medical benefits through Healthcare.gov doesn't qualify her for subsidies even though her income will be less than $6,000 a year (not counting $3,500 SNAP) . Is it worth the stress to request a hearing with Medicaid?
A:
Yes, it may be worth requesting a hearing with Medicaid, as exceptions and strategies exist that could help your sister qualify despite owning land. While Medicaid considers land property as a countable asset, certain options may help, such as:
Exempting the land: If the land is essential for livelihood (e.g., farmland) or if its value is very low compared to Medicaid’s asset limits, it might qualify for an exemption. A hearing allows you to make this case.
Spending down assets: Medicaid eligibility can sometimes be achieved by reducing countable assets through appropriate, allowable expenses, such as medical bills or other necessary costs.
Transferring the land: Medicaid rules often allow specific transfers, such as to siblings or under certain exemptions, without disqualification. Proper planning is key.
Since Medicaid eligibility and exemptions can be complex, working with an elder law attorney or Medicaid planning professional in Florida is highly recommended. They can guide you through the appeals process or suggest alternatives, like a Miller Trust (Qualified Income Trust) to help her qualify.
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