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Miller Trust Funds: Proper Usage Guide for Florida Medicaid Recipients

Miller Trust Funds: Proper Usage Guide for Florida Medicaid Recipients
Medicaid Planning
Jason Neufeld
May 26, 2025

When your income exceeds Florida's Medicaid cap for long-term care services, a Qualified Income Trust (Miller Trust) becomes essential. Using these funds correctly maintains your eligibility while covering important healthcare needs. This comprehensive guide outlines what you need to know about Miller Trusts in Florida.

What Is a Miller Trust?

A Miller Trust (Qualified Income Trust) serves as a legal pathway to Medicaid eligibility for individuals whose income surpasses Florida's monthly limit for long-term care programs. Instead of disqualifying you, this trust allows you to:

  • Direct excess income into a dedicated account
  • Maintain Medicaid qualification
  • Use those funds appropriately for healthcare needs

In Florida, all income above the threshold must be deposited into this trust each month and spent according to specific guidelines.

Permitted Uses for Miller Trust Funds in Florida

Miller Trust funds must be allocated to health and wellness-related expenses. Here are approved uses under Florida Medicaid regulations:

Healthcare Coverage Enhancements:

  • Health insurance premiums for supplemental plans
  • Medicare Part B, C, and D premiums
  • Long-term care insurance premiums

Dental & Vision Necessities:

  • Dental procedures not covered by Medicaid
  • Premium dental plans
  • Vision care beyond basic coverage

Therapeutic Interventions:

  • Alternative treatments
  • Physical therapy sessions
  • Specialized rehabilitation services

Personal Care Support:

  • Home health aides
  • Geriatric care management
  • Personal care attendants

Medical Supplies:

  • Diabetic testing supplies
  • Incontinence products
  • Ostomy supplies
  • Wound care materials

Quality-of-Life Medical Equipment:

  • Advanced hearing aids
  • Premium mobility devices
  • Specialized mattresses
  • Customized wheelchairs

Prohibited Expenditures

Using Miller Trust funds inappropriately can jeopardize your Medicaid benefits in Florida. Avoid these expenses:

  • Property taxes or homeowners association fees
  • Entertainment or recreational activities
  • Vacations or travel expenses
  • Non-medical household bills
  • Gift purchases
  • General living expenses unrelated to healthcare
  • Luxury items or services

Florida-Specific Miller Trust Requirements

Florida has particular rules governing Miller Trusts:

  • The trust must be irrevocable
  • Florida Medicaid must be named as the remainder beneficiary
  • Monthly income deposits must follow strict timing guidelines
  • Income must be spent in the same month it's deposited
  • Proper documentation of all expenditures is mandatory

Why Proper Management Matters

Following Florida's Miller Trust guidelines is critical because:

  1. Improper usage can trigger Medicaid disqualification
  2. Violations may require repayment of benefits
  3. Inconsistent deposits can disrupt your eligibility
  4. Florida conducts regular trust reviews and audits

Getting Help With Your Miller Trust

Setting up and managing a Miller Trust in Florida requires careful attention to detail. Working with a knowledgeable elder law attorney can help you:

  • Structure the trust correctly according to Florida law
  • Maintain compliance with spending guidelines
  • Handle monthly deposit requirements
  • Plan for future care needs
  • Avoid common pitfalls that compromise eligibility

Take Action to Secure Your Benefits

If you need assistance with Miller Trusts or other Medicaid planning strategies in Florida, professional guidance can make all the difference. With proper planning, you can:

  • Qualify for necessary long-term care
  • Maintain access to healthcare services
  • Utilize your income appropriately
  • Avoid unnecessary spend-down of assets

Contact our Florida elder law practice to discuss how we can help you navigate Miller Trusts and other Medicaid eligibility requirements.

Website: Elder Needs Law
Additional Information: Medicaid Planning Lawyer
Book Resource: "How Medicaid can pay for some of your long-term care expenses"

Have questions about Miller Trusts or other Medicaid planning strategies in Florida? Reach out today for personalized guidance tailored to your situation.

Jason Neufeld

Jason Neufeld is a Board-Certified Elder Law Attorney and the Managing Partner of Elder Needs Law, PLLC, a Florida Medicaid Planning, Estate Planning, Special Needs Planning, Probate and Elder Law Firm.

Jason is an award-winning Elder Law attorney and leader among Medicaid Planning and Estate Planning attorneys (he is on the Board of Directors for the Academy of Florida Elder Law Attorneys and Co-Chairs the Broward County Bar Association Elder Law Section). The firm serves the entire State of Florida remotely or at any of our physical locations. Interested in additional free or low-cost information. Check out Jason's Book or free educational videos

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