When it comes to Medicaid in Florida, misinformation is everywhere. Seniors, caregivers, and even some professionals are often confused about what’s true and what isn’t. Thankfully, elder law attorney Jason Neufeld, Esq., sets the record straight in his book, How to Get Medicaid to Pay for Some or All of Your Long-Term Care Expenses…. This practical guide explains how Florida’s Medicaid system really works and clears up common misunderstandings that could cost families their life savings.
Here, we’ll walk through some of the most common myths about Medicaid in Florida and explain the truth behind them. If you or someone you love is exploring long-term care options, this information could make all the difference.
Myth #1: “You Have to Go Broke Before You Can Get Medicaid”
Let’s start with one of the most damaging myths.
Many people think that they have to spend down all their assets before Medicaid will help. That’s simply not true.
As elder law attorney Jason Neufeld explains in his book: “Most people don’t realize that Medicaid can be made available to pay for long-term-care expenses before going broke… The goal is to qualify someone for Medicaid long-term-care benefits without having to sell their house, wait five years, or spend everything they own.”
The truth is, Florida Medicaid allows for asset protection strategies — legal ways to turn countable assets into non-countable ones, meaning you can qualify without draining everything you’ve saved.
Myth #2: “If I Give My Assets to My Kids, I’ll Be Safe”
This is a very common myth and one that often leads to serious trouble.
Some people think they can just transfer their money or house to their children and immediately qualify for Medicaid. But doing this without proper planning can trigger penalties under the 5-year look-back rule.
From the book: “Giving assets away within five years of applying to Medicaid… is the long-term care Medicaid program’s cardinal sin. Unless you have five years until you are applying for Medicaid, the answer is generally: NO!”
Transferring assets without a legal plan can cause Medicaid to deny your application or delay your benefits for months or even years.
Instead of risking a costly mistake, it’s best to work with a Medicaid planning attorney who can help you protect your assets the right way.
Myth #3: “I Have Too Much Income to Qualify”
This myth keeps many Floridians from applying for Medicaid at all.
Yes, Medicaid has an income cap — $2,901.00 per month in 2025. But even if your income is higher, you may still qualify using a legal tool called a Qualified Income Trust (also known as a Miller Trust).
As the book explains: “Federal law will allow the Medicaid applicant to satisfy the income test by placing the excess income in a Qualified Income Trust each month… This allows someone with too much income to still qualify for Medicaid.”
If you’ve been told your income is too high for Medicaid, talk to an experienced elder law attorney. You might just need the right strategy.
Myth #4: “Medicaid Will Take My House”
One of the biggest fears people have is losing their home if they apply for Medicaid. While Medicaid Estate Recovery can be a factor after the recipient passes away, your home is often exempt while you’re alive, especially if you’re married or plan to return home.
From Jason Neufeld’s book: “If the Medicaid applicant either lives in the home or expresses an ‘intent to return home,’ the house is exempt… If married, when the healthy spouse continues to reside in the house, it is exempt, regardless of value.”
There are also legal tools, like Lady Bird Deeds, that can help protect your home even after death, avoiding Medicaid recovery altogether.
Myth #5: “I Have to Wait 5 Years to Apply”
This myth is related to the 5-year look-back rule, but it’s widely misunderstood.
Many people believe that if they’ve made any financial move or plan, they’re automatically disqualified for Medicaid for five years. That’s not true.
“The 5-year rule does not mean that one cannot engage in Medicaid planning because, ‘I need long-term care now and cannot wait five years.’ Most importantly: the Medicaid planning strategies we deploy when Medicaid is needed near term or now… do not trigger the five-year lookback penalty.”
So even if Medicaid is needed urgently, right now, there are still legal options available.
Myth #6: “Medicaid Is Only for Poor People”
Medicaid is a safety net, yes, but it’s not just for people with no money at all.
Most of the clients Jason Neufeld works with are middle-class families who have saved for retirement but can’t afford $10,000+ per month for long-term care. Medicaid planning exists to help families like these avoid financial ruin while still getting the care they need.
As the book states: “Generally, my clients who need Medicaid planning are middle class folks who have savings… Elder care lawyers who focus on Medicaid planning are simply taking existing state and federal laws and applying them to benefit their clients — to shelter assets legally and ethically.”
Myth #7: “Medicaid Planning Is Cheating the System”
Some people feel uneasy about Medicaid planning, worrying that it’s unethical. But the truth is, Medicaid planning is legal, ethical, and approved by federal and state law, as long as it’s done properly.
“Not only is Medicaid planning, when done right, completely ethical and legal, rest assured that nothing is hidden from the government… I am exceedingly proud of what Elder Law Attorneys can accomplish for our clients.”
Think of it like tax planning. You’re using the law to your advantage, not breaking the rules. And when done correctly, it helps seniors keep their dignity, independence, and financial security.
Myth #8: “Once I’m Approved, I’m All Set Forever”
Medicaid eligibility isn’t a “set it and forget it” situation. Your income, assets, or living situation may change and you’ll need to report those changes. Improper reporting, or misunderstanding how trusts or income rules work, could put your eligibility at risk.
From the book: “The Miller Trust needs to be properly funded every month the Medicaid recipient wants to continue receiving long-term care benefits. Remember that Medicaid is renewed every year so if there are mistakes in the prior year, it can potentially jeopardize eligibility.”
This is why having ongoing support from an elder law attorney is so valuable.
Don’t Let These Myths Stand in Your Way
If you or someone you love is facing long-term care in Florida, don’t make decisions based on outdated or incorrect information. Medicaid planning is complex, but it doesn’t have to be confusing.
Attorney Jason Neufeld’s book, How to Get Medicaid to Pay for Some or All of Your Long-Term Care Expenses, is a powerful and easy-to-understand guide that busts myths and offers real solutions. It’s especially helpful for seniors, caregivers, and professionals trying to make sense of the Florida Medicaid system.
You can learn more and get free educational content by visiting www.ElderNeedsLaw.com or watch helpful videos at YouTube.com/@ElderNeedsLaw.
A Smarter Way to Plan
The bottom line? Don’t let myths and misinformation rob you of your peace of mind or your financial future. With the right knowledge and the right team, you can qualify for Medicaid in Florida without losing everything you’ve worked for.
If you’re unsure where to start, contact a Florida Medicaid planning attorney who can walk you through your options and build a plan that fits your family’s needs.
You’ve worked hard your whole life, now it’s time to protect it.
