FL H1289

Establishes new asset transfer limitations for Medicaid eligibility for nursing facility services, institutional hospice services, and home and community-based waiver programs for transfers made after July 1, 2011

Personal services contracts with relatives will be considered improper asset transfers unless they meet strict criteria: services must not duplicate other available coverage, must directly benefit the individual, must specify actual hours and services, and rates must not exceed professional market rates

Requires proof of at least 36 months of continuous estrangement when a community spouse refuses to make resources available to an institutional spouse seeking Medicaid; otherwise all resources of both spouses must be counted

Authorizes the Agency for Health Care Administration to recover Medicaid expenses and pursue court-ordered medical support from community spouses who refuse to make assets available to their institutionalized spouse

Grants the Department of Children and Family Services authority to adopt rules governing administration of these eligibility requirements