What to do if you receive a discontinue notice from Medicaid, even after you have established a Miller Trust.

by | Jun 2, 2014 | Medicaid, Miller-Trust | 0 comments

Starting June 1, 2014 all Medicaid recipients who have income over $2,163 must establish a Miller Trust to maintain or establish Medicaid eligibility.  This new law has created confusion and frustration among Medicaid recipients and practitioners alike.  We anticipate that even if a recipient established a Miller Trust and sent the required documentation to the Family and Social Services Administration (FSSA) the recipient may  receive a discontinue notice from Medicaid due to the backlog at FSSA in reviewing the trust documents. 

If you receive a discontinue notice from Medicaid because your income is higher than $2,163 and you have already sent your Miller Trust documents to FSSA, you must appeal the decision. Note:

  • Your benefits will continue during the appeal.
  • You have a right to a hearing.
  • The notice you receive from Medicaid will give you the address to send your appeal.
  • The letter should contain your signature and state that you want a hearing.
  • You have 10 days from the date of the notice (or 13 days if the notice was mailed) to appeal.
  • During the appeal you should be able to establish the existence of the Miller Trust and there should be no lapse in your benefits.

If you failed to establish the Miller Trust and submit the documentation to the FSSA before June 1, 2014 you can still appeal and work on establishing the trust during the appeal. The FSSA has information about Miller Trusts here. 

Ken and Sara are happy to answer any questions you may have about your Medicaid eligibility. 

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