Trust Recovery FAQ
I was not informed that the balance of the Trust must be used to reimburse Medicaid. What is the authority for this requirement?
Pursuant to Section 1917 of the Social Security Act, the Agency is entitled to these funds. In the Irrevocable Trust agreement, which is signed at the time the beneficiary (grantor) applied for Medicaid benefits for their nursing home stay, the termination of trust section of the agreement generally states that the trustee shall reimburse the Agency the balance of the trust up to the amount certified as appropriate for the medical assistance provided to the beneficiary. The trustee has the responsibility of maintaining the trust during the life of the beneficiary and handling the final arrangements of disbursing the funds of the trust upon the beneficiary’s death or permanent discharge from the nursing home.
How do I determine how much money is owed to the Agency?
For a Qualified Income Trust (QIT) the remaining funds in the trust as of the date of Death, plus any refund owed from the facility for the remaining pro-rated days in the month is owed back to Medicaid up to the amount paid out by the Agency on the decedent’s behalf. If you think the amount paid by Medicaid may be less than the amount available in the trust, please contact us.
What type of payment is accepted?
Payment can be made in the form of a personal check, money order, or cashier’s or certified check. The payment must be made payable to: Agency for Health Care Administration. The payment must be mailed to: Florida TPL Recovery Program, P.O. Box 12188, Tallahassee FL 32317-2188.
Should any additional documentation be submitted with the payment?
A copy of the month of death bank statement for the Qualified Income Trust (QIT) account showing the balance on the date of death along with all statements that show any activity from the date of death to the close of the account. We also require a copy of the final invoice from the facility and/or a refund check for any remaining pro-rated days in the month of death.
The bank will not allow me to access the funds. What do I do?
We will provide you a letter by mail, email, or fax to give to the bank that explains the Agency’s entitlement to be reimbursed for Medicaid benefits from the Trust balance. Additionally, you can have the bank contact us if they have additional questions regarding the QIT reimbursement. It is also helpful to have a copy of the Irrevocable Trust agreement, which is a legal document, to give details of how the Trust should be disbursed.