top banner150

Income Trust

Qualified Income Trusts.  

A Qualified Income Trust (or "QIT") is a mechanism to qualify for benefits when one's income exceeds the income limit (currently $2,199.00 per month in FL). This instrument is designed for those over the income limit, but who do not receive enough monthly income to pay for their nursing care facility costs.

For example, Mary receives $2,400 per month in social security and pension income. Her nursing home costs $5,000.00 per month. She will not qualify for because she has too much income. But, at the same time she cannot pay the $5,000.00 nursing home bill because she has too little income. She is in what is commonly known as the "gap." Too much and too little. Mary is perfect candidate for a QIT.

The QIT is often established and administered improperly.  This often means that eligibility may be lost - even retroactively. There are numerous Fair Hearing Rulings that have denied Medicaid benefits because of faulty trust language and/or Trust Administration. Oftentimes, these rulings have denied benefits retroactively. In other words, somebody had to reimburse the State.

The Medicaid Agency often audits the QIT every 3 or 6 months. Therefore, proper maintenance is crucial to establishing and preserving the Qualified Income Trust.

Many Medicaid Offices attempt to hand out a generic Qualified Income Trust form when a family wants to file a Medicaid Application.  Beware:  At the very least, that office or person is engaged in the unlawful practice of law (a trust is a legal document).  At its worse (which usually happens more often than not), the trust is deficient in its language, does not provide information as to how it should be maintained or how the trust bank accounts should be established and maintained, and runs the greater risk that at some point in the future, the Medicaid Agency will investigate and review the trust accounts and deny benefits retroactively

Special Note: The creation and implementation of the Qualified Income Trust document needs to be in place the month that Nursing Home Medicaid eligibility is being applied for!

SEE Qualified Income Trust deemed ineffective: retroactive benefits denied