What to Expect: Our 7 Step Medicaid Process

Every Medicaid case is different, but the process generally follows a similar path. Below is a step-by-step overview of how we guide Florida families through the Medicaid process, from the initial phone call to the final decision.
Step One:

Initial Contact

Your first step is an introductory call with a member of our intake staff. In this brief call, we'll learn about your situation, go over some of your initial questions, and match you with the right attorney for your consultation.

Next, we’ll schedule your free 30-minute (phone or in-person) consultation and send an intake questionnaire form for you to complete. This form will help us gather additional information so we can understand and determine how we may help you.

Submitting the completed form prior to your consultation ensures a smooth process and helps our attorneys use your time efficiently to discuss your matter and address your questions and concerns.

With more than 25 years of combined experience, we have found that most people have options. Medicaid asset protection is a highly technical area of law with many strict, inflexible rules and procedures.

Every situation is unique; the more we understand your situation, the better we can evaluate your options and provide clear, accurate guidance tailored to your needs.

Schedule your free introductory call
Step 1
Step Two:

Consultation

This is a time when we meet to discuss the Medicaid process. Timing of benefits is a critical question. Do you need benefits immediately or within a few months? Or are you wanting to plan ahead for some time down the road? The answer to this question will determine how we proceed. From here we will determine whether there are asset protection options available for you. The first half hour is free of charge.

Step 2
Step Three:

Develop a Plan

Once we understand your timeline and circumstances, we’ll work with you to develop a Medicaid planning strategy tailored to your specific circumstances. Every family’s situation is unique, which is why we don’t believe in one-size-fits-all solutions. In some cases, the available options are limited; there may only be one option. We help to find the plan that best fits. In others, there may be several effective strategies.

When multiple options are available, we will explain each one in plain language, along with its benefits and potential drawbacks, so you can make an informed decision with confidence.

Step 3
Step Four:

Execute the Plan

Once your plan is in place, we’ll guide you through each step of the implementation process. Depending on your circumstances, this phase may be completed quickly or may require additional time and coordination.

We will provide clear step-by-step instructions for any actions you or your agent needs to take. Throughout the process, our team will be available to answer questions, provide guidance, and assist with carrying out your plan to help ensure everything is completed accurately and efficiently.

Step 4
Step Five:

Collect Supporting Documents

Gathering the necessary documentation is an important part of the Medicaid planning process and continues throughout your case. We begin by providing you with a general “Documents Needed Checklist.” As we learn more about your situation, we will likely request additional documents specific to your circumstances.

We understand that the amount of paperwork may sometimes seem overwhelming. However, each document serves a purpose. Our goal is to obtain Medicaid approval. We accomplish this with thorough preparation and accuracy. We only request information we believe is needed to maximize the likelihood of Medicaid approval.

Step 5
Step Six:

File Application

Once we are satisfied you or your loved one meets the Medicaid eligibility criteria, we will prepare and submit the Medicaid application. Because we’ve worked together with you throughout the planning process and understand the legal strategies implemented to protect your assets, we’re uniquely positioned to present your case accurately and effectively. In addition to filing your application, we carefully organize and submit all supporting documentation in a clear, comprehensive manner. Our goal is to provide the Medicaid caseworker with everything needed to make a fair and well-informed decision.

Step 6
Step Seven:

Medicaid Decision

In Florida, as attorneys, we ethically cannot guarantee the outcome of a case. Of course, our goal is a positive outcome. If the outcome is not positive, we will work with you and Medicaid to determine the reason and what action must be taken to obtain approval.

Once a Medicaid application is approved, our work for this process should be complete. However, maintaining Medicaid eligibility is an ongoing process with required annual reviews and, at times, responding to requests for additional information.

To provide continued peace of mind, we offer our Continuing Care Program, an annual fee-based service designed to help our clients maintain Medicaid eligibility, navigate unexpected issues, and respond to Medicaid requests throughout the year.

Step 7

Medicaid Planning and Application Fees

One of the first questions we’re asked is, “What does Medicaid planning cost?”  The answer depends on the complexity of your situation and the level of planning required. 
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Throughout the Medicaid planning process, we work closely with you or your designated representative to develop and implement a strategy designed to protect your assets while helping you qualify for Medicaid. Every case is unique, and the time involved depends largely on your individual circumstances, the complexity of your planning needs, and how quickly you are able to provide the necessary information and documentation.  
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Because Medicaid planning involves strict rules and detailed documentation, we may need to request a significant amount of information. We understand this can seem overwhelming, but we want to assure you that we will only ask for what we believe is necessary to prepare, defend, and support your Medicaid application.
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Before any work begins we will discuss our fees with you, explain exactly what services are included and address any questions or concerns you may have. Our goal is to provide exceptional legal guidance with transparency and compassion.
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One of the best ways to keep your legal fees as low as possible is to respond promptly and provide all requested information and documentation as completely as you can. 
 
In most Medicaid Asset Protection cases, we can offer a flat fee rather than billing by the hour. After we determine our best course of action, we will provide you with a clear written fee agreement.
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In rare cases involving unusual legal issues, additional work may be required beyond the scope of a standard Medicaid plan.  If so, we will discuss the need with you in advance and may recommend a combination of a flat fee and hourly billing for the additional services to avoid any surprises. 

Qualified Income Trust Fees

There are times when a client is already eligible for Medicaid and needs only a Qualified Income Trust or Application. This fee does not include filing the Medicaid application and is lower than the typical Medicaid Asset Protection fee.

‍Note: Be cautious of non-attorney planners who claim attorneys charge excessive fees. Their recommendations often involve financial products with significant commissions and hidden costs that can ultimately be far more expensive. We believe you deserve transparent legal advice that serves your best interests, with fees explained from the beginning.

Want to learn more about Florida Medicaid?

November 18, 2026
Jonathan Kinsella

Attorney Jonathan Kinsella walks through common Medicaid questions, including eligibility, planning, and how to prepare for the application process.

Register Here

Considering HKH for your Medicaid Needs?

We want you to feel supported and informed every step of the way. Below are a few resourcess to help you along the way.
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Considering HKH for your Medicaid Needs?

We want you to feel supported and informed every step of the way. Below are a few resourcess to help you along the way.

Are you concerned about the cost of long-term care in Florida?

Nov 2026 Medicaid Webinar
Jonathan Kinsella

Attorney Jonathan Kinsella walks through common Medicaid questions, including eligibility, planning, and how to prepare for the application process.

Register Here

Schedule a Consultation

Contact us today at (727) 343-8959 or fill out our online form to schedule a consultation. We look forward to meeting you.

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HKH Elder Law is a Florida-based elder law firm serving families across the state from our office in St. Petersburg.