Questions about Florida QITs
Zacharia Frey PLLC. Updated November 2026. Draft for attorney review.
General
- How do I know if my parent needs a QIT?
- Add up their gross monthly income from every source, before the Medicare premium or anything else is withheld, and compare it to Florida's income limit for long-term care Medicaid. If it is over the limit, a QIT is needed. The QIT Check on this site does that comparison, including the required distribution from an IRA.
- Which Medicaid programs require a QIT?
- Nursing home Medicaid (the Institutional Care Program), the Statewide Medicaid Managed Care long-term care waiver for care at home or in assisted living, and PACE all use the same income limit, and all require a QIT when income is over it.
- Can we set up the QIT after Medicaid is approved?
- The trust must be signed and its bank account open, and income must go into it, for each month you want covered. Income cannot be excluded until it is placed in the trust, and a trust cannot be funded retroactively. Start before the application is filed.
- Does the QIT have to be approved by DCF?
- DCF sends every income trust to its legal staff for review. Keep funding the trust every month while that review is pending.
- Does an IRA count as income?
- Regular distributions from an IRA are income. If the person has reached the age when required minimum distributions begin, the QIT Check adds the monthly share of that distribution to their income. How DCF treats the account itself depends on whether it is in regular payment status; ask us about the account.
- Is the QIT Check the same as the QIT Review?
- No. The QIT Check is a free, three-question screen on this site that answers one question: does income appear to be over the limit. The QIT Review is legal work by the firm, built from your documents, that produces a written monthly plan.
- Does using this site make you my lawyer?
- No. Using this site or sending a request does not create an attorney-client relationship. An attorney reviews every request, and any engagement is agreed in writing.
What is a Qualified Income Trust
- Is a Miller Trust the same as a Qualified Income Trust?
- Yes. "Miller Trust" comes from the federal court case that led to the rule. Florida's DCF calls it a Qualified Income Trust or income trust.
- Does a QIT protect savings or a house?
- No. A QIT holds income only. Savings, investments, and real estate are handled separately under Medicaid's asset rules.
- Does gross income mean before the Medicare premium?
- Yes. DCF counts the Social Security benefit before the Medicare Part B premium is withheld, and pensions before any insurance premium or tax is taken out. Using the bank deposit instead is the most common mistake families make.
QIT by care setting
- Is the income limit different for assisted living?
- No. The same income limit applies to nursing home Medicaid, the long-term care waiver at home or in assisted living, and PACE. What differs is the personal needs allowance, the patient responsibility, and how much should go into the QIT.
- What happens if we deposit too much at home?
- The extra stays in the trust or is paid out for allowed expenses. It cannot be returned to the person for living costs, and whatever remains at death goes to the State. The fix is to lower the monthly transfer.
Managing a QIT
- Does the QIT need its own tax ID number?
- In our practice the QIT account uses the applicant's Social Security number, not a separate employer identification number. Ask us if a bank tells you otherwise.
- Can Social Security be deposited straight into the QIT?
- No. Social Security must be paid to the person's own account. Set up an automatic transfer to the QIT in the same month.
- What if we missed a month?
- Call us. A missed month usually cannot be fixed by depositing late, but what to do next depends on the program and the DCF notices, and it should be handled before the next month closes.
Out-of-state powers of attorney
- Will the bank accept my out-of-state power of attorney?
- A bank may ask for an opinion of counsel before accepting a power of attorney from another state. Even when the bank accepts it, the question for a QIT is whether the document gives you authority to create a trust.
- My parent cannot sign anymore. What now?
- Send us the power of attorney. If it does not give trust-creation authority, we will explain the remaining options, including a guardianship limited to what is needed.
Does your family need a QIT?
Three questions, an answer right away, and nothing you type is sent to us. Or write to us with your question and we will set up a time to talk.