The state of Florida “looks back” at all transfers made in the five years prior to the application for benefits. A transfer occurs when an individual disposes of income or resources for less than fair market value during the look-back period, and for the express purpose of qualifying for long-term care Medicaid benefits.
To determine whether a penalty period will be imposed, the department reviews the asset transferred, the purpose of the transfer, and the amount of uncompensated value, if any. If it appears that a transfer that is subject to penalty has occurred, the penalty formula will then be applied.
There are certain transfers that are considered exceptions and/or allowable. For example, no penalty period will be imposed for transfers between husbands and wives or transfers of income into a Medicaid Income Qualifying Trust (MIQT).