filing # 9230902 electronically filed 01/16/2014 11:35:31 ......income test the second step is the...

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Florida

Medicaid

Filing, Inc.

EXHIBIT J

Filing # 9230902 Electronically Filed 01/16/2014 11:35:31 AM

RECEIVED, 1/16/2014 11:40:13, John A. Tomasino, Clerk, Supreme Court

11

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Florida Medicaid- Your qualification specialist for nursing home and ... http:/ /floridamedicaidfiling.com/myweb/?type=article&menuiD=O

• HomePage

• Services Included

• Qualifying Process

• Overview

• Contact us

Welcome to Florida Medicaid Filing Service

Florida's Premier Nursing Home & Assisted Living Medicaid Specialists.

We are Medicaid Specialists dedicated in assisting you, a loved one in a nursing home, or preparing to go into a nursing home, to qualify for Florida Medicaid ICP Benefits. We work in unison with licensed professionals to give you complete information, satisfaction and piece of mind.

We utilize various techniques to help preserve assets and help you quality for the Florida Medicaid ICP Program. Medicaid Crisis planning is our specialty.

As Medicaid Specialists, we provide the senior client and/or family with Medicaid Options... We're your resource for the most up-to-date medicaid eligibility information regarding seniors and care givers.

You Do Have a Choice! You can wait until disaster strikes and illness forces you to deplete your assets, while battling health issues and financial assaults, hoping-praying something, if anything, will be left for you and/or your spouse to live on. Or... You can plan NOW, to protect your assets with the assistance of an Medicaid Specialist; guarding them so that they will be safe and protected against the ravages of unforeseen illness and the infirmities of age.

Protect you & your loved ones.

What is Medicaid? The Social Security Act., Title XXXIX, created an entitlement program called Medicaid. Its' purpose was and is to provide long term care benefits to seniors. Benefits must be applied for and advanced planning is crucial in order to obtain the greatest benefits possible. Medicaid Assistance

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Florida Medicaid- Your qualification specialist for nursing home and ... http://floridamedicaidfiling.com/myweb/?type=article&menuiD=O

Medicaid Benefits may be available for the following:

• Skilled Nursing Home Care • Assisted Living Facilities Care • Home Health Care

Florida Medicaid Eligibility- Statewide Assistance

Serving all of Florida since 2002 Filing for Medicaid Florida

Medicaid Filing Service

We look forward to working together with you. (727) 786-0019

*** Top Rated Nursing Homes Pinellas County, fl:__

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Florida Medicaid Filing Services, Inc.

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Florida Medicaid- Your qualification specialist for nursing home and ... http://floridamedicaidfiling.com/myweb/?type=article&menuiD=O

31125 U.S. Highway 19 North Palm Harbor, FL 34684

727-786-0019 ®

Florida Medicaid Filing Services, Inc. Is not a law firm and does not render legal advice. If the services of a lawyer are required, we will refer JIOU to an attorney to draft the

legal documents that may be necessary In order to qualify JIOU for lJOUr be nefrts.

Webmaster Contact Click Here [email protected]

Florida Medicaid- Your qualification specialist for Nursing home and assisted living Medicaid benefits, guidelines, rules, and procedures.

Welcome to Florida Medicaid Filing dot com. Our mission is to assist individuals and their loved ones in learning about Florida Medicaid fundamentals. We are experienced in the nuances of Florida Medicaid

Planning, assisted living Medicaid benefits, guidelines, rules, and procedures.

3 of3 1130/2013 11:11 AM

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Florida Medicaid- Yotn" qualification specialist for ntn"sing home and ... http://floridamedicaidfiling.com/myweb/?type=article&menuiD=31

Overview

• HomePage



• Overview

• Contact us

You CAN Qualify for Medicaid ICP Benefits Without Spending Down!

ervices Include:

• Detailed analysis of all fmancial statements • Detailed analysis of all income sources • Implementation ofthe proper planning strategies • Preparation ofthe status update letters to the client • Preparation ofthe status update letters to the facilities • Correction of the past or present transfer of assets or gifting • Preparation and submission of the Medicaid application • Communication with the CARES unit • Communication with the DCF • Relating Medicaid benefits approvals to all parties involved • Providing detailed instructions on Medicaid benefits maintenance • FREE consultation in our office, nursing home or individual's home

*Become eligible for your Medicaid benefits sooner

*Keep most of your assets

*Rest assured knowing your money won't run out

*Not be a burden to your family

*Leave a nest-egg for your children

To receive a complimentary consultation with an Elder

Planning Medicaid Specialist Please Call: 727-786-0019

S

Copyright 2011© Florida Medicaid Filing Services, Inc. ®

1 of2 1/30/2013 11:12 AM

http://floridamedicaidfiling.com/myweb/?type=article&menuiD=31

Florida Medicaid- Your qualification specialist for nursing home and ... http:/ /floridamedicaidfiling.com/myweb/?type=article&menuiD=31

Florida Medicaid Filing Services, Inc. 31125 U.S. Highway 19 North

Palm Harbor, FL 34684 727-786-0019 ®

Florida Medicaid Filing Services, Inc. is not a law firm and does not render legal advice. If the services of a lawyer are required, we will refer you to an attorney to draft the

legal documents that may be necessary in order to qualify you for your benefits.





2 of2 1130/2013 11:12 AM

mailto:[email protected]

Florida Medicaid- Your qualification specialist for nursing home and ... http://floridamedicaidfiling.com/myweb/?type=article&menuiD=29

Medicaid Florida Eligibility Criteria

Overview 2013

• HomePage



• Overview

• Contact us

Qualifying Process

Your Medicaid Specialist will assist you in obtaining the required State information needed in order to qualify for Medicaid Benefits and prepare a "Needs Analysis" unique to you. This enables your Medicaid Specialist to discover what pre- planning actions are necessary or if a crisis qualification is needed.

Asset Test The first step is the Asset Test. To qualify for Medicaid, you and your spouse must not exceed the countable asset limit. These are, $2,000 for an individual and $115,920. for a spouse. Assets greater than these must be placed in special non-countable accounts. All Independent Specialist will prepare these accounts, so that they do not constitute a transfer of assets. This in turn speeds up your eligibility process and will preserve your assets.

Income Test The second step is the Income Test. The confined spouses gross income must fall within the allowable target of $2,130. per month. If the income exceeds this amount, a Qualified Income Trust must be set-up to receive all of the confined spouses income. This account is prepared by an Independent Elder Law Attorney. Your Medicaid Specialist will work with the attorney to provide him with the required information.

Applying The third step in obtaining your Medicaid eligibility is the preparation of the application and other required documents for submission and review. Your Medicaid Specialist is the key to filling out your application correctly and efficiently, ensuring that your documents have been properly prepared and delivered to The Department of Children and Families Services processing center in a timely fashion.

Interviewing (If requested by DCF) The fourth step in achieving your eligibility is the interview. This interview

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Florida Medicaid- Your qualification specialist for nursing home and ... http:/ /floridamedicaidfiling.com/myweb/?type=article&menuiD=29

takes place at the Florida Dept. of Children and Families Services nearest Office. Your Elder Planner will attend this interview on your behalf. Your attendance is not necessary.

In Summary Your Medicaid Specialist is here to assist you through-out this often complex and arduous process of applying and qualifying for your Medicaid Benefits. The ultimate goal is to limit your "SHARE" of the monthly nursing home expense and to preserve the assets for the spouse and heirs.

We look forward to working together with you. (727)786-0019

Copyright1011© Florida Medicaid Filing SeJVices, Inc.®

Florida Medicaid Filing Services, Inc. 31125 U.S. Highway 19 North

Palm Harbor, FL 34684 727-786-0019 ®

Florida Medicaid Filing Services, Inc. is not a law firm and does not render legal advice. If the services of a lawyer are required, we will refer you to an attorney to draft the

legal documents that may be necessary in order to qualify you for your benefits.





2 of3 1/30/2013 11:14 AM


Florida Medicaid - Your qualification specialist for nursing home and ... http://floridamedicaidfiling.com/myweb/?type=article&menuiD=29

1/30/2013 11:14 AM3 of3


Medicaid

Information

Resource

EXHIBIT K

http:/ /medicaidresource.com/ Florida Medicaid Eligibility- Statewide assistance

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·vou've worked hard for what )'OU have. \Ne work hard to help you keep it."

Ck~t Started Righr; ·Med.kaid Eligibility. Makitig it Happ~n. •

In determining Medicaid eligibility in Medicaid was originally designed to Become eligible for Medicaid sooner

• Keep most of your assets Florida, Medicaid first considers the pr

A.boutus http:/ /medicaidresource.corn!about _us.html

C&aef:fs~

?HR made the~ psh11e:u. an-d f!'Btl}" far -l.U:. Thef were fbi:..."V £=VE

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CCopyright 2009 PJedicaid Information Resource. 3440 East Lake Rd, SuHe I 08, Palm Harbor, Fl34685 tJIR offers financial planning services designed to help elderly clients preserw their assets In safe investments so they may qua&fy for government financial assistance programs. MR. charges fees to assist elderly clients in submitting Medicaid applications, and we may receive commissions for annuities strudured in the plannfng process. In 11 years fi1ing aledicaid applications, we have newr had an applcation denied. We are !!Q! attorneys and do not offer legal adW:e or draft any k!gal documents. The decision to hire MR. Is in no way equivalent to or a substitution for an attorney.

1 of 1 1/30/2013 3:10PM

mailto:[email protected]:[email protected]:[email protected]

http://medicaidresource.com/asset_preservation_strategies.htrnlAsset Protection

Case r.~·sttxiE>S"MJR marle thE proc-evz. p;lni!!n andf.?acykffutt. They~i'fre.m &!f-e!'Y tf.ep cfthe W"SY-~READ

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~Medicaid Information Resource

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Fi "vSlGA [:J! !R(:'Cf1r~ ""'-:~ldE t~fpV,-,.?JD

"You've worked hard for what you have. We work hard to help )'OU keep it...

A«.~ Preservatim1 Planni~g -Strategies fur Florida Medieaid

MIR is a Florida based financial planning company speciaflzing

in asset preservation prior to applying for Medicaid. We help

Florida fami&es to preserve their assets instead of spending

down their assets on nursing home ""''enses. MIR's asset

protection ser.ices are geared towards educating Rorida

families on ,.;able, asset protection strategies such as Medicaid

Friendly Annuities. We also can itt the burden from famiies of

applying for Medicaid tlv'ough our "Fast Track Medicaid

Appfication Fiing Ser.ice".

Since the Medicaid eligibility requirements constantly change, we do our best to stay in contact v.ith the Florida Depar1ment of Children and Families (DCF) vAle keep us abreast of changes in the

Medicaid Standards. We often refer our clients to knov.iedgeable attorneys vAle can help interpret

the Medicaid laws for their situation.

It is clear that the gowmment intends to Dmit the use of asset preservation strategies and encourage !amities to spend down their assets privately paying for their lo\ed one's care. Ewntualy, we anticipate that e""'Y creatiw solution for preser.ing assets will be eflminated, but fortunately this is not the case today. lhere are still ways to preserw assets prior to applying for

Medicaid.

Ml R is optimistic that we will still continue to assist our clients in presening their assets for years to come. Please feel free to contact us today for a free telephone consultation to e>plore asset

preservation possibilities for your family member!

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• Frequentlv Asked Questions

• Request more information

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Call 86&-755-0620 for a Free Phone Consultation!

CCopyright 2009 Medicaid Information Resource, 3440 East Lake Rd, Sufte 108, Palm Harbor, FL 34685 MR offers financial planning services designed toh• elderly cnents preserve their assets in safe invesbnents so they may qualify for goyemment financial assistance programs. MR charges fees to assist elderly clients 11 submitting Medicaid applications, and we may recetve commissions for annuiUes structured in the planning process. In 11 years filing Madicaid applications, we have never had an application denied. We are !!Ql attorneys and do not offer legal advice or draft any legal documents. The decision to hire MR. is in no way equlwlent to or a substitution for an attorney.

1/30/2013 3:10PM1 of 1

http://medicaidresource.com/asset_preservation_strategies.htrnl

FAQ http://medicaidresource.com/faq.html

Caaehfsf.t7iez. ~m-arie th-e- pmoe;u. Pi'inie-M and eney f.;.r ut:. Thej ~~e-ro eve:y £f.e:p c!tt~ way." .READ

T\ fedkaid InformationVJ!YI R~source

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f ~One A ~JU-i:AJ :, tiC riL FtL12AP

"You've worked hardfor'Nhatyou have. We work hard to help you keep iL''

Freqttencly Asked Questimi.'>

Q: Can Medicaid require assets be spent down before a

person becomes eHgible?

A lhe Medicaid rules are designed to make indil.iduals spend

dlliM1the follov.ing assets to certsln imits before they can qualify: cash, bonds, sal.ings, stocks, Ufe insurance cash values

and real property. With proper planning and competent adl.ice,

al of these assets can be preserwd.

Q: We've been privately paying for nursing home care for

my mother for the last two years. Are there stiU planning strategies available to preserve

assets and qualify sooner for Medicaid?

A: Yes. The fact that you\.e been privalely paying does not preclude you from taking advantage of

asset preservation slralagies.

Q: My mother gave us $10,000 last year. Does this make her ineligible for Medicaid?

A: It can make her ineligible. All gifts in the last five-year period are considered, and the amount of the gift determines the number of months of inetigibility, Howewr, we can suggest ways to allel.iate such penally periods. Please note that some of the slrategies used to eiminate penally periods

require an attorney to be in\IOII.ed to draft the necessary legal documents to eliminate the penally

period. Only members of the Florida Bar are permitted to draft these legal instruments. We are

constsntly referring our cHents to attorneys for the purpose of assisting our clients v.ith solutions to

owcome penally period"

Q: If Medicaid has a five-year look back, how can you preserve assets?

A Despite the fact penalties are incurred for recent gifts, sometimes ifs stil possible to transfer the

applicanrs assets while awiding a penally period. Some slrategies permit assets to be transferred

v.ilhout being considered gifts, thus no penally period is assessed by Medicaid for these asset

transfers.

Q: What Is an annuity and can • be used to preserve assets?

k An annuity is an insurance product which has been used for ow 10 years to prese"" assets

prior to applying for Medicaid. Thus, life insurance agents haw been integrally inwlved in

Medicaid Planning for wen """ 20 years. Some fife agents haw chosen to speciafize in this arena. MIR is one such agency which focuses solely on Medicaid Planning. The Deficit Reduction Act of

2005 placed some imitations on the use of annuities. Howew, annuities are still in use today for

Medicaid Cases here in Florida. Typically, """""" assets above allowable imlts are placed into the

annuity and then it gets annuitized thereby creating an income slream for a fixed period of time.

Olce annuitized, the asset is gone and the individual receives a guaranteed income stream each month for a set number of years. Thus, the annuity is a way to "make the asset go away" v.ilhoul losing the financial benefit of the asset

Q: Who should structure the annuity to make sure that it Is done correctly?

A: Only licensed tile insurance agents are permitted to seU annuities here in Florida. But not aft life insurance agents are created equally. lfs usually best to find an agent that spends all or the

majority of his time preser\Ang his cfienrs assets prior to assisting them v.ith the Medicaid

appfication. The best agents are those that can perform I'M> ser\Aces: 1) asset preservation

assistsnce using financial products and 2) application fiting assistsnce. Medicaid Information

Resource prol.ides both of these ser\Aces to our clients. Sometimes clients use life insurance

agents or financial planners \lho haw tittle or no ~ence v.ith applying for Medicaid. Oftentimes

this ine>eperlence in this arena.

Q: Since the Medicaid annuity generates Income, doesn't this Income get paid to the

nursing home?

A: If the appicant OIM1S the annuity, then yes, this income gets paid to the nursing home along v.ith

their other income as whars called "Patient ResponsibiHty". HC>weWr, when there is a spouse sliD residing in the community, the annuity can be structured in their name and the community spouse

gets to keep 100% of the annuity income.

Q: Why Is this planning so Important?

A: The money sa\.ed from years of hard work can be depleted quickly \~hen a family member

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FAQ http://medicaidresource.com/faq.html

requires long tenn care. The loss of lifetime saiAngs can haw a devastating financial and emotional

impact on the entire family. With sound adiAce and planning, it is possible to preserw an your fife

sa\Angs, your family home and inwstments and stiD qualify immediately for Medicaid.

Q: Are any MIR employees attorneys? A: No, we are not attorneys. We are financial planners. We do not practice law. Thus, we do NOT perform any of the following activities: drafting of legal documents, re\Aew legal documents or

interpret Medicaid regulations. In fact, we depend on relationships we haw with attorneys who we refer our clients to, to perfonn these matters on behaW of our clients. We are financial professionals with ~rtise in preser\Ang assets and assisting our clients in submitting their

Medicaid applications on their behaW.

1/30/2013 3:11PM2 of2

http://medicaidresource.com/faq.html

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'1,#R $.ai:h #?e; ~il painJ.e::.s. and eaey far ut. Tfwy ~ i'h~"!e a~t-er.t>zr:epctm ;b'ifY... ~

Our Service http:/ /medicaidresource.corn! our_ service.html

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iviedicaid Iriformation~ Resource

~ - -~~- - ~ ~-- --- - ~~ r .... :r-hsv' !L ~:::!' 1:~ H"''"'iE MEF t"VD

Medicakt nformation Resource

"You've worked hard for what you have. We work hard to help you keep it"

Preserve a..perience IMth

the Medicaid Application Process and our 100% track record of success, many families hire us to

file their application. Given the time, effort and compie>;ty iml\ed, many clients feel that our fee

for organizing, completing and submitting the application is reasonable and cornpetitiw.

2. Oftentimes, financial products may be implemented as a part of the planning process. We can

eam commissions from financial institutions for placing the elderly person's assets into financial

products. Sometimes additional fees may be assessed depending on the comple>ity of the

indilidual family plan.

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Call 866-755-0620 for a Free Phone Consultation!

CICopyright 2009 Medicaid Information Resource, 3440 East Lake Rd, Suie108, Palm Halbor, FL 34685 MR offers financial planning services designed to help elderly clients presen;e their assets In safe investments so they may qualify for government financial assistance programs. MR. charges fees to assist ekterty cHents in submitting Medicaid appUcations, and we may receive commissions for annulies or insurance policies structured in the planning process. In 7 years filing Medicaid applications , we have never had an application denied. We are not attorneys and do not offer tegal advice or draft any legal documerrtS:'The decision to hire MR is in no way equivalent to or a substitution for an attorney.

I of I 1130/2013 3: li PM

http:/ /medicaidresource.com/testimonials.htmlClient Testimonials

Case hfstorie:z.'?.11R made- the ~31 pain!f!"Mand eacy-f~ us:. Ttw;; we-ro f.h=ero e~.: tfep d the wtO-Jf." B.§.M2

K1edicaid Information ~ Resource

~~--~---------- --~ ~--~~-~

FL:>fUDA i{v':'\2 {" Hy>ij£ t,1[0:1 1C'itD

"You've worked hard for what you have. We work hard to help you keep it."'

Testimonials from our clients:

"Ewryone was so helpful and caring althe way through.

Thank-you!" -Fonna-FtMyers, FL

"The information you con~.eyed to us helped us wor1< through an

the processes that were mind bogging to us. What you completed in a week's time would he~.e taken us months to

gather together. We would highly recommend your senAces to anyone that finds themsel\les as confused as we were when we

attempted to apply for Medicaid." -Jerri- MacClenny, FL

"I am very pleased with Medicaid Information Resource and their staff. I am grateful for their assistance." -Eizabelh- Camp HiR, PA

"My sister and I were ~.ery pleased v.;th 0\erything. You all were wonderful to work v.;th!" -HerryTarpon S¢ngs, FL

"It was nice working with someone so helpful." -Clyde- Jacksonville, FL

"You all do a super job. El.el')'one l'~.e spoken v.;th was ~.ery pleasant and helpful."

-Dorothy- Ft Myers, FL

"Everyone was ~.ery professional and helpful. Thanks." -Sinclar- Lutz, FL

"Your staff was polite, pleasant and professional at aD times. Whet I appreciated most was their

patience and indulgence of my need for further explanations of terminology new to me." -G~ ManlowParl- Pensacola, FL

"Thank you all so much for your wonderful patience and all you did to get Medicaid for my aunt.• -Cheryl- Cape Coral, FL

"I was more than pleased .,;th your senAces." -Norma- Wmter Haven, FL

"I was very pleased .,;th your senAce. lfs hard to impro~.e perfection." -Kim~ Greenville, TN

"EI.el')'one was ~.ery professional and sliD ~.ery personable. I appreciated the frequent updates."

-Norris Ann- Lake Alfred, FL

"Medicaid Information Resource ga~.e me eJCCeBent senice. We .,;1 always appreciate your good

work." -Bemie- Bradenton, FL

"Pleasure working with you al! " -AI- Evanston, IL

"OJr family would fike to thank you and your staff for the ""Y professional way that you handled my mother's case. II is indeed rare these days when you find a company that works as well for

their cfients as your company and staff. We are ""Y pleased and would not hesitate to recommend

your company. Thank you ~.ery much." -Gary-Hayesville, NC

"I do not befie~.e I could ha\e accomplished this successfully v.;thout your assistance. Thanks and I

.,;u gladly recommend your senAces!" -Robel!- Starke, FL

"You did a fine job for us! Thank you.· -Dave- Horsham, PA

"I ha~.e recommended you to at least 6 people!" -Edv.Brd- Dunedin, FL

"I am very pleased v.;th the quality of assistance that we receiwd. I could not ha~.e done it v.;lhout

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Cal/8&6-755-0620 for a Free Phone Consultation!

ClCopyright 2009 Medicaid 11fonnation Resource 3

:::lient Testimonials http:/ /medicaidresource.com/testimonials.html

you alii" -Linda- Tampa, FL

"I was very pleased with the comfort Ieveii was able to enjoy knowing that my dad's case was

being handled by such a professional and helpful group of people. lhank you very much for your

assistance.· -Laura- Jacksonville, FL

"You have a very knowledgeable & professional staff. Thank you very much for your assistance.· -Stanley- Wlndsot; CT

"I'm sure you know v.tlat a maze this journey feels ike at lhe oulset You made it al manageable for

my brolher and me." -VIvian- St. Petersburg, FL

"I'm so very thankful to Margo. She is the person v.tlo took so much time with me. Her patience is amazing! You prcl\Ade an excenent sen.ice & worth every penny! I have recommended you several

times, but most people refuse to believe this is real!" .Judy-Oilrlen, FL

"You guys did a Great Job! Keep it up!" -Anthony- Seminole, FL

"I very much appreciate your sen.ice and ad.;ce. I will be glad to recommend your S8Nce to

anyone v.tlo asks." -From Andrea

"I am very pleased with Medicaid Information Resource and their staff. I am very grateful for all of

their assistance.· -From Mary

"Many thanks for your ~ertise consultations. We were pleased that we were able to get the assistance we needed to apply for Medicaid, ewn i\oing many miles away.· -From AI & G11811

"Trying to do this remotely from out of state would haw been nearly impossible v.ithout the

professional help of MIR E>ceRentjob!" -From Bob

"When we asked for more feedback, we got it Doing this everyday can make one forget how upsetting the situation can be to others. This is rather ike haloing a first baby. Others have done it before, but this is lhe first time for the person concerned. You perform an important function." -FromEHeen

·AD office members were most helpful, patient & ob6ging especially as I needed guidance." -FromCha1olte

"You went beyond the 'cal of duty' on this very comp6cated case. I am eJdremely appreciatiw on

behalf of my sister."-From Carol

"Special thanks to an, especially Margo. Her help and understanding were e>«:eptional. I don't

beHeve I could haw done it all without her. • -From Madeline

"Thank you for your help & professional assistance.• -From Ron

"You people are great!" -From Carolyn

"OJr thanks to everyone. You got this appro\led faster than I thought" -From Jack

"They did ewrything they promised and did it wen. This was a major tile decision and I researcihed

many companies and lawyers and chose MIR because of their (Bil Ruffing) straightforward, honest

approach and their fee was the most reasonable for lhe wor1< illl

Best Advice

Medicaid

EXHIBIT L

Our Story - Best Advice Medicaid http://bestadvicemedicaid.com/our-story/

lhttp://bestadvicemedicaid.coml Making Medicaid Simple For You

0 Facebook (https:l/www.facebook.com/pages/Best-Advice-Medicaid-and-Retirement-Pianning-Fiorida-Medicaid/177600875653390)

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Home Our Story Our Process Our Answers Our Blog Contact Us

(I) (/our-story/) (/our-process/) (/our -answers/) (/our-blog/) (/contact-us/)

Our Story

A Beginning

My mother had her first stroke at age 55; her second stroke followed a year later. She was left

incapacitated and we were left devastated.

We hated the thought of placing her in a long-term care facil~ but we had no choice. 1-bw were we going to pay for her care and stHI

preserve the assets she wanted to leave to her children and

grandchildren? Luckily, I had experience in Medicaid Planning from my

years of working wnh the State of Florida. I want to bring this

experience to you and make npossible for your family to preserve their hard-earned savings when being faced with a medical crisis.

Catherine Price

Catherine Price has been in the

Medicaid field since 1996. Her career in ca1herine's Mom

Medicaid began wnh the Aorida

Department of Children and Families.

Her first posnion was as a caseworker processing Medicaid

applications. Followed shortly by a promotion to Supervisor of the

N.Jrsing 1-bme & Medicaid Waiver Processing Unit. The last position

she held wnh the State of Florida was in the SunCoast Region Program OffiCe where she served as both a Trainer and Program Specialist for

the Medicaid program. She left the State in 2005 to start her own

business in Medicaid Plaming ConsuHing.

Catherine had processed and reviewed thousands of Medicaid applications while working for the

State of Florida. She brought this experience to her business and has achieved a remarkable 100%

success rate in obtaining Medicaid coverage for her hundreds of clients.

Prior to working for the state, she spent the begiming of her career in the banking and credit union

industry. Her education has included earning an A.A. degree in Paralegal Studies and earning an MBA. She serves as a guest trainer on Medicaid Poficy for St. Petersburg College's Guardianship Program.

Marc Price

Marc, like his mother Catherine, also worked for the Florida Department of Ch~dren and Families. He has received his training in Medicaid Planning over the past several

years from Catherine, a true expert in the field, wnh the kind of experience and know-how that has

helped Marc to become a key member of the Best Advice Management Team.

What Marc also brings to the team that is of great importance is his knowledge and experience as a

financial plamer. As an independent insurance agent, Marc has the abH~ to offer clients guidance in

navigating through the world of insurance products, be nworking wnh their existing financial

/catherine image.ipgl Ca1herlne Price

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professionals or helping to explain specific products and features in

order to educate clients on their options. A graduate of the Univers~y

of South Florida, Marc has continued his education in the insurance world to erhance his expertise through PIMSCO, a leading local

independent insurance distribution network.

Connect With Us Contact Us

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Our Process

(lwp-content/uploads/2012/08 /process one.jpg)Our Process

At Best Advice Medicaid and Retirement Planning of Tampa Bay, we

pride ourselves on providing our clients with our exclusive "Guaranteed

Approval Plan." We implement our plan using a personalized hands-on

approach so that we can ensure that you receive the benefits you

deserve. Our number one priority is the complete safety of your hard-earned retirement nest egg, be it from the crippting private-pay rate

of most long-Term Care Facilities (average: $74,000 annually), or

punitive state penaHies due to improper planning. We are able to Guarantee Our ResuHs by following

the stages outlined below:

Planning Stage

A consukation is scheduled at the location of your choice. However, making decisions about your

financial future, in the wake of a heakh crisis is a challenging experience. That's why, whenever

possible, we try to meet with you in the comfort and convenience of your horne- at no additional cost

to you. In addition, there are no additional fees for phone calls, emails, or face to face meetings. We

want to ensure that all your questions are answered and you have peace of mind.

At the consuHation we will gather demographic, financial and insurance information. From this

information, a comprehensive "Guaranteed Approval Pian" wil be developed specifically for you and

your family. We will explain the plan making sure that we meet all the objegiving you our Best Advice on (lwp-content/uploads/2012/08

/process two.jpg)how to move forward to meet the long-term health care needs of yourself or a loved one. After developing the plan, we

move on to the:

ctives you have olilined and

Implementation Stage

We are all about providing personalized service. During the

implementation stage, we escort you to the bank to make any necessary

changes. We understand you may be in a situation where a loved one is in dire need of placement in a

nursing home or assisted living facility; if so, we will communicate with Nursing Homes and Assisted

living Facilities on your behalf. There may be a need for legal documents during this stage, if so, we

would be happy to refer you to an Elder law Attorney in our extensive network. Making things simple

for you is what we are here for. Once the implementation stage has been completed, we can move on

to the final stage:

(lwp-content/uploads/2012/08 /process three.jpglApplication Stage

The app6cation stage is when we apply for the beneffts you deserve.

The appUcation process for Medicaid or Veterans Benefits (Aid &

Attendance) can often be a challenging experience. The rules, policies

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727-515-6702

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and procedures regarding eligiMily for these programs are constantly

changing. The collection of verification and explanation of the plan to the

agencies is of paramount importance. Failure to provide them with the

information they request or properly explain how assets were spent-down will resuH in a denial of the

appfication. That is the why we handle aD of the paperwork and communication wlh the State Agencies. Our 100% success rate in getting people approved speaks for itself.


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Our Answers

Here are some answers to our most Frequently Asked Questions!

Q: Isn't Medicaid a welfare program?

A: No. Medicaid is a Federal Entitlement Program. Medicaid provides coverage for the elderly in a long- term skilled nursing facility. You have paid yotl" taxes into the program and you deserve the

benefls.

Q: Why do I need to go on Medicaid if I have Medicare and a Health Insurance Supplement?

A: Medicare and most HMOs only cover a maximum of 100 days of rehabilitation. Typically, the first

20 days have no out of pocket cost but there is a Medicare co-pay of approximately $150.00 for each

day from day 21 through 100.

Q: Aren't there income and asset limits? I think I have too much money.

A: Indeed, Medicaid has income and asset limits that change amualy. We work to ensure that you fall

below those limits and qualify for the assistance you deserve.

Q: Can we use Medicaid for assisted living and home care?

A: Currently there is a wait list for those needing Medicaid assistance with assisted living and home

care. We can help you avoid the wait list.

Q: Will the state take all my money?

A: No. Our Medicaid plans are designed so that you can keep 100% of your assets, aBowing you to save potentially hundreds of thousands of dollars.

Q: I gave away some money recently; can I still get approved? What about this look back I

keep hearing about?

A: All is not lost! Yes, Medicaid will ask about all transfers made within the last fwe years. All of Oll"

plans are designed to make the most of allowable transfers and do not create ANY inefigibility,

however, even if you have mistakenly transferred assets prior to meeting with us, we may be able to

limit your exposure to penakies, sometimes even eliminating them aHogether.

Q: How much can I save by planning?

A: You can preserve an of your assets by planning, and can save anywhere from $5,000.00 to

$7,000.00 dollars per month in long term care costs.

Contact Us


8038 Spirit Court

Trinity, Fl 34655

727-515-6702

[email protected]

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Our Answers - Best Advice Medicaid http://bestadvicemedicaid.com/our-answers/

Q: My husband might be going into a nursing home, and I don't have enough money to

support myself. Should he just stay home?

A: No. 011" planning process involves anyone at home, as weD. Most of the time you will be able to receive a portion of your spouse's income. provided that you make less than your spouse.

Q: What are the tax implications of doing planning?

A: It is Oil" intention to save AlL of your assets, ilcluding any funds paid in taxes. We work wnh qualified tax professionals, who will work as hard as they can to minimize taxes for you and your

family.

Q: What about after the Medicaid plan has been implemented? What can I do with my assets then?

A: We offer hundreds of great investment products through numerous companies, including fixed anmities, indexed annunies, and CO-replacements. These typicaUy have the security of a bank

investment, but offer much better growth, including up front bonuses.


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robert m. morgan & associates, p.a.

Robert M. Morgan. Esq.

February 1, 2013

UPL Department The Florida Bar Attention: Lori Holcomb, Esq. 651 East Jefferson Street Tallahassee, Florida 32399-2300 [email protected]

Re: Written Testimony for UPL Hearting in Tampa Florida 212212013

Dear Ms. Holcomb:

Attached please find a letter dated January 31, 2013 from President of the Elder Law Section, Twyla L. Sketchly, Esq. Although I was intending to write my own letter, I find that the attached clearly, succinctly (not-withstanding it's length) and accurately reflects the feelings that not only I have but also those clients and caregivers of our office who have had to come to me in crisis situations to repair the damage done by non-qualified "Medicaid" planners.

Although I will not be able to travel to the hearing, I would like this letter to stand as my testimony.

Unauthorized practice of law in the long term care and Medicaid planning areas is rampant. It causes irreparable harm, not only in monetary damages but also in the suffering, stress and confusion in an already difficult area.

Please feel free to contact me if you have any questions or comments or wish for me to provide any further information on this subject.

Very truly y:x Ro,Morgan

RMM/tmd wl enclosures cc: Twyla Sketchley, Esq.


HINES NORMAN HINES, P.L. ATfORNEYS AT LAW

JAMES P. HlNES 315 S. Hyde Park Avenue OFFICES IN: RANDY MILLER Tampa, Florida 33606 CHRISTOPHER H. NORMAN (813) 251-8659 HYDE PARK JAMES P. HINES, JR. Fax (813) 254-6153 SUN CITY CENTER ROBERT D. HINES www.hnh-law.com NORTH TAMPA KELLYN.CATOE LOUISE B. FIELDS MICHELE L. CLINE CHRISTOPHER P. ARNOLD

February 5, 2013

VIA EMAIL TO: [email protected]

UPL Department The Florida Bar Attn: Lori Holcomb, Esquire 651 East Jefferson Street Tallahassee, FL 32399-2300

Re: Written Testimony for UPL Hearing in Tampa, FL on February 22, 2013

Dear Ms. Holcomb:

The purpose of this letter is to provide the Florida Bar Standing Committee on Unlicensed Practice of Law with my written testimony for the public hearing scheduled for February 22, 2013 regarding possible UPL activity by non-attorney Medicaid planners in Florida.

I have worked with several senior citizens who have retained my services after recognizing that . they had been victimized by non-attorney Medicaid planners. These individuals were specifically referred to non-attorney Medicaid planners by the nursing home where their elderly spouse was being cared for, and were fearful that seeking advice elsewhere would result in their loved one receiving poorer care at the nursing home.

I have read the testimony of the Elder Law Section UPL Committee (attached hereto as Exhibit "A") the testimony of the Section Chair, Twyla Sketchley (attached hereto as Exhibit "B"), and adopt it as my own. I have witnessed the issues described in both Exhibits here in the Tampa Bay area.

I believe that the issuance of an advisory opinion regarding what constitutes the unlicensed practice of law in the Medicaid planning context is a crucial step that must be taken in order to protect Florida's most vulnerable citizens.

Very truly yours,

'Mflvt fuJJJ> Kelly N. Catoe For the Firm


RECEIVED JAN 3 1 2013

DA BAR THE FLORI

January 28, 2013

ATfN: Florida ~rAssociation

RE: Mr. Jason Waddell

To Whom It May Concem:

This letter is to advise you that I, Patsy Weekley Marquis, give Mr. Jason Wadden authorization to review and discuss my complaint against Tom

Aretz.

Please feel free to contact me should you have any questions concerning

this matter.

Q::~~~~~Patsy Wee'k\ey Marquis \) \ U

(850) 554-7850

~l----~----j~~~~---•

Complaint re: Mr. Tom Aretz

On November 2008, my brother, Tommy R. Weekley, Jr. contacted Mr. Tom Aretz, after my

father saw his ad in the Pensacola News Journal1 to seek advice for my father regarding my

parents assets. He also contract the Better Business Bureau to check on Mr. Tom Aretz and

was not listed with them. We assumed that he was a legitimate elder planning specialist. My

mother, Annie McDonald Weekley was in a nursing home following her open heart surgery. The reason for us seeking Mr. Aretz advice was to try and save our parents assets and trying to

get our mother on Medicaid. Our initial meeting with Mr. Aretz was basically to question him

on his credentials and experience. He told us he had a personal experience with his own

mother and that he had done extensive research regarding matters that pertained to elderly

estate planning and had decided to establish a business to help other people in similar $ituations. We didn1t discuss any financial matters with him at this time and told him we

would be in touch with him later. After deciding amongst ourselves to hire him~ my brother called him to set up another meeting at my brother's home. This second meeting took place

on November 24, 2008. He advised us on what assets she could own in order to be eligible for Medicaid (I will explain in more detail on how we distributed these assets). On Mr. Aretz

advice he was hired by my father, Tommy R. Weeldey, Sr. A contract between the two was

signed and Mr. Aretz was paid $6,500.00 on November 24, 2008 to represent my mother with Medicaid planning. He was given power of attorney to have direct dealings with Medicaid

regarding my mothers care. During this meeting it was decided by my father and brother that

I would be the one handling her affairs along with Mr. Aretz. I asked him if he wanted me to

go with him to the Dept of Children and Family (Medicaid Office) and he said no, that I did not need to be present. Mr. Aretz took the original and on1y copy of said contract and told me he

would mail a copy to me, Patsy Weekley Marquis. Numerous phone calls and attempts were

made to get a copy of this contract to no avail.

Mr. Aretz contacted me regarding having a meeting with my father and myself. On our third

meeting at my brothers home on December 11,2008, Mr. Arett advised me that an additional charge of $800.00 fee for a ('lifetime Contract for Personal Services", this contract was to .

employ me for my mother's lifetime personal services, in the amount of $85,.878.00. He saad he had to pay the attorney that was preparing the "Contract'~. I asked him for the attorney's name so 1 could make out the $800.00 check. He acted very strange and wouldn;t give me his

name and told me to make the check payable to Tom Aretz. When I received the copy of this

lifetime service contract I noticed that no attorneys name or letterhead from any law firm or Mr. Aretz name was on this contract. 1 also noted that the #contract'~ had Amended on it and this was the only contract I had ever received. I am including a copy of all the checks written

http:85,.878.00http:6,500.00

to and signed by Mr. Tom Aretz where he has been paid. Now it has come to my attention

while having my income tax return done by my CPA, that 1will have to pay taxes in the amount

of $26,816.33. Neither my father nor I was advised of this result from the signing of this

contract. I feel we should have been advised.

On December 2008 my mother became eligible for Medicaid. My mother had to surrender her social security, state retirement, and $92.02 a month for an IAA worth $23,488.26. Mr.

Aretz's secretary, Michele called and advised me that $92.02 from her IRA had to be paid directly to the nursing home every month. I would transfer the $92.02 from her IRA account

to her checking account. Her social security and state retirement was directly deposited into

her checking account. I would write one check from checking account to her nursing home

for aU three amounts. First of the month in Jan. 2009 1 sent the same amount again. I received a letter from Medicaid later in Jan. 09 that stated my mother was approved for Dec.

200&, but was ineligible for Nov. 08, Jan. 09, and then approved for Feb. 09 until present. The reasoning for her ineligibility in Jan. 09 was that I had only paid $92.02. The amount had gone

up to $185.00 in January 2009 and was not told by Mr. Aretz. I immediately called Mr. Aretz to

inform him we had a problem. I was informed by his secretary that t should go and deposit an

additional $92.98 plus the $92.02 Feb. 09, to make up the difference so my mother could be

eligible for Feb. 09. I contacted Mr. Aretz again and told him of the problem. He was the only one that was informed directly from Medicaid that this amount had increased and he

neglected to tell me. His response to me was 110h just pay January and don1

t sweat it. I saved

you a lot of money any way."

I must say he let this slip thru the cracks and it cost me $3,356.62 for Jan.09. Jpaid this

amount on Feb. 25, 2010. l went to the Medicaid office myself and spoke with them on this

matter and they said that they could not discuss this matter with me without Mr. Aretz being

present since Mr. Aretz had power of attorney over my mothers Medicaid and that we would

nave to pay the $3~356.62 owed for the month of Jan. 09. They told me that he should have had me present when he met with them. I told them that Mr. Aret:t had advised against me

being there. They then suggested that tget them to send him a release to be signed by him so 1could handle my mothers issues and I don,t know if he has ever sign it or not.

On April 15, 2009, he called me and requested a meeting with me and my father. He said this case Joad had become so heavy and his secretary had to work extra tong hours on it and that

he needed an additional $1,500.00 on the original contract signed by myfather.l issued him

another check in the amount of $1,500.00 that he had requested. 1again asked about our

copy of the original contract that we had still not received from him. He ~~dance.d and stumbled around for words" said he would make sure we would be getting a copy.

http:1,500.00http:1,500.00http:3~356.62http:3,356.62http:23,488.26http:26,816.33

Date

He contacted me in Jan. 2010 to ask if my mother had passed and I explained that she was still living. He asked me to start thinking about an estate planning for my father. I told him I would

get back with him but had no intentions of doing so ever.

I tried to several times to contact Mr. Aretz by phone and e-mail and he finally returned my call on March 17, 2010. I asked him to send me a copy of the original contract that my father

had signed when he was hired, I also asked him to sign and mail me a release for the power of attorney which I had given him to handle my mother's Medicaid affairs. As of March 26, 2010

I have not received anything from him. On April 8, 2010, f went to the Medicaid office to take an #Informed Consent Form," and they appointed me to be her designated representative.

She will be re-evaluated on May 2010 and Jwill be personally handling her affairs with

Medicaid.

Tom Aretz e-mail address is [email protected]. cell phone #SSG-699~6336. I have no

address. He closed his office in Niceville, Fl. He was at the time living in Ft. Walton Beach. His

wife passed away in 2009 and he moved to Defuniak Springs, FL. That's alii know.

I feel that I have been taken advantage and misrepresented by Mr. Aretz and that he is freely practicing law without a license. The result of his actions have damaged my family beyond the

$30,000.00 we have lost in his representation.

I decided to contact the Florida Bar regarding Mr. Aretz unprofessional conduct. They

responded and started an investigation with Department of Children and Families. lt was

during their investigation that they discovered that Mr. Aretz had hired Attorney Brett Moore to help him represent Mrs. Annie Weekley with her Medicaid affairs. Before this time. I had

never heard of Mr. Brett Moore.

Mr. Aretz has lied under oath accusing me of trying to do an estate planning for my father and

put everything in my name. Everything my father owns is already in my name.

http:30,000.00mailto:[email protected]

Written Testimony Pgs. 93-124

filing # 9230902 electronically filed 01/16/2014 11:35:31 ......income test the second step is the...

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