Pre-existing medical expenses and Medicaid.

NAELA signed on to an amicus brief for rehearing/rehearing en banc prepared by NAELA Director Ron Landsman to be filed by AFELA and the Florida Bar Elder Law Section in the matter of Goodwin v. Florida Dept. of Children and Families. This case concerns Florida’s limitation on counting pre-existing medical expenses as a deduction in computing the patient share of cost for nursing home Medicaid; it is inconsistent with the position of CMS which was affirmed by the federal 4th Circuit, with a trial court decision in Maryland and a decision from the Montana Supreme Court (NAELA filed an amicus in the Montana matter), and it takes a very troubling position that the court will defer to the state’s interpretation of a federal law over the interpretation given by CMS.