The cost of long-term nursing care will take the average middle class family broke in short order. Medicare does not cover long-term care. The most recent Genworth Cost of Care study finds the average annual cost for a private room in a Florida nursing home is an astonishing $138,700.
Medicaid may cover the expense. If your countable assets are too high to qualify for benefits, you can pay the nursing home and spend down your nest egg until you become eligible. However, with assistance from our attorneys, you may be able to secure Medicaid benefits without spending down, thus preserving a good chunk of your assets. Preserving assets may be possible even if your loved one already resides in a nursing facility, or if admission is imminent.
Asset-preserving steps to obtain Medicaid benefits should be undertaken only with the guidance of an experienced Florida elder law attorney who is thoroughly familiar with Florida’s Medicaid system. Applying for Medicaid nursing home benefits is fraught with potential pitfalls, and mistakes can cost your family thousands of dollars unnecessarily.
Nursing home staff – well-intentioned as they are – have neither the time or training to keep track of all the financial and legal complexities of Medicaid planning. Our elder law attorneys stay updated on this complex area of law. For 2026, here are the changes in Medicaid eligibility criteria:
Community Spouse Resource Allowance
The maximum amount of assets the well spouse (also known as the community spouse) may retain is now $162,660 (was $157,920). However, the spouse is also entitled to retain exempt assets, non-available and income-producing assets.
Home Equity Limit
The amount of equity the applicant may own in his/her home is $752,000 (was $731,000).
Penalty Divisor To Determine Penalty Period
If you have given away or sold for less than fair market value any asset during the five year period prior to Medicaid application, Medicaid will not pay benefits for a certain number of months, despite your meeting all other criteria.The number of non-eligible months is determined by dividing the dollar value of divested assets by a penalty divisor. The new penalty divisor in 2026 is $10,645 (was $10,438).
Applicant’s Income
The applicant’s gross monthly income may not exceed $2,982 (was $2,901).
However, income that exceeds that amount is not necessarily a deal-breaker: our attorneys can create a qualified income trust that will hold income in excess of $2,982.
You can see more details on Medicaid eligibility as well as techniques for securing Medicaid benefits on the Medicaid section of our website. Click here.
If you have a loved one and your hard-earned savings are now threatened by long term care costs, schedule an appointment to meet with our attorneys. We will advise you on what steps you can take that may be able to save a sizable portion of assets for the applicant’s spouse and family. Call us at 561-625-1100.
