FL S1356

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

Personal services contracts with relatives are presumed to be transfers without fair compensation unless they meet six specific criteria, including non-duplication of available services, fair market value hourly rates, and compensation based on Social Security Administration life expectancy tables.

When a community spouse refuses to make resources available to an institutional spouse, the Department of Children and Family Services must require proof of 36 months of separate living, treat excess asset transfers as unfair value subject to penalties, and may find the institutional spouse ineligible if they refuse to cooperate in pursuing medical support or Medicaid expense recovery.

Authorizes the Agency for Health Care Administration to seek recovery of all Medicaid-covered expenses and pursue court-ordered medical support from a community spouse who refuses to make assets available to the institutional spouse.

Authorizes the Department of Children and Family Services to adopt rules to administer these provisions.