Florida court says Guardian duties not ‘medically necessary’

Court says Guardian duties not ‘medically necessary’

The News Service of Florida

Though expressing concern about the situation, an appeals court Wednesday sided with the Florida Department of Children and Families in a Medicaid dispute about whether a guardian can receive payments for tending to the affairs of an incapacitated man in a nursing home.

The 2nd District Court of Appeal rejected arguments from Lutheran Services Florida Inc., which sought a $200 monthly fee from the income of its ward, Larry Peron, who receives nursing-home care through the Medicaid program.

Under the program, a portion of Peron's Social Security income goes to the nursing home, with Medicaid paying the balance of the costs for his care.

Lutheran Services Florida has served as a guardian for Peron since 2003, with duties such as reviewing his medical information and consulting with medical providers, according to Wednesday's ruling.

But the Department of Children and Families turned down a request from Lutheran Services Florida to deduct the monthly fee from Peron's income, finding that such a fee is not considered a "medically necessary" expense under Medicaid laws.

A three-judge panel of the appeals court agreed with the department's interpretation, though it also said the situation "leaves a gap" in which guardians cannot be paid for services.  (Continue Reading)

Full Article & Source: 
Florida court says Guardian duties not ‘medically necessary’