Florida’s Supreme Court has ruled that non-lawyers who engage in various Medicaid planning activities are engaging in the unlicensed practice of law. Because of this, a Writ of Certiorari was filed on July 9, 2015 by William Burns, who holds insurance and securities licenses in Florida and is also a current CMP™ candidate.
Burns is challenging the Florida court’s opinion on the basis that it violates the supremacy clause of the U.S. Constitution and conflicts with federal Medicaid laws that allows Medicaid applicants to receive assistance from anyone they choose, including non-lawyers.
Additionally, it is asserted that the overly broad Florida ruling goes so far as to criminalize the advice given by Health Care Navigators empowered under the Affordable Care Act. The Florida only exempts the activities of non-lawyer staff of the Florida Department of Children and Families in relation to their duty to assist the public in the Medicaid application process, but makes no other accommodations for the advice that long-term care insurance salespersons have to provide in order to advise in the sale of a Long-Term Care Partnership Plan Policy under Florida law or common financial advice provided by funeral home directors and insurance agents in the purchase of pre-paid funerals and Medicaid compliant annuities.
The CMP™ Governing Board has provided support for the Burns’ challenge and is currently contemplating an Amicus Brief in support of the Writ.