Effective February 1, 2019, a major change was implemented that eliminated retroactive Medicaid coverage.   Prior to the new law, when a Medicaid application was submitted, the applicant was entitled to Medicaid coverage three months prior to the application date, assuming they were eligible during that time.  For example, if an application was submitted in December 2018, the applicant could receive coverage in September, October, and November assuming they met the eligibility criteria in those months.  The new law requires that an application must be submitted by 5pm on the last day of the month if eligibility is needed for that particular month.  For example, if Medicaid is needed in March 2019, an application must be submitted by 5pm on March 31st.

The impact of this stringent requirement is significant as many Medicaid applicants do not have the ability to gather the required documentation in order to properly process an application.  As such, they rely on their children, family, or those individuals they have designated in their Durable Power of Attorney to assist them.  The limited time frame to gather the necessary documents and submit an application to the Department of Children and Families will likely cause a Medicaid applicant to lose months of coverage they would have otherwise received.  The consequences of the new law will not only affect the facilities that are providing the care but put our state’s most vulnerable citizens at risk.

At Sawyer & Sawyer, P.A. our experienced Medicaid attorneys are here to guide you through the complex Medicaid process and ensure you or your loved one receives the care needed. For more information or to schedule an appointment, please call (407) 909-1900.