The Florida Medicaid program may not file a claim for Medicaid recovery of funds in an ABLE United account. Upon the death of a designated Beneficiary, funds in the account can be used to pay for outstanding Qualified Disability Expenses, including funeral and burial.
The Beneficiary may list a successor designated beneficiary before their death. However, before any transfer to the successor designated beneficiary, the account is subject to the federal estate tax imposed by chapter 11 of the U.S. Code upon the estate of the deceased Beneficiary, as well as payment of any outstanding Qualified Disability Expenses, and any state claim under section 529A(f).
Federal law requires that each state recover Medicaid expenditures from a Medicaid recipient’s estate, however there are exceptions. For example, the Medicaid recipient must have been age 55 or older. If the beneficiary received Medicaid in another state, please check the law of that state, as federal law also allows a state to file a claim for Medicaid expenditures from an ABLE account.
For more information on Medicaid estate recovery, visit Florida’s Medicaid Estate Recovery Program here. If a Beneficiary has passed away, the executor of his or her estate should complete a Death of Beneficiary Form.