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The Medicaid law provides special protections for the spouse of a nursing home resident to make sure he or she has the minimum support needed to continue to live in the community. Every January 1, the federal government changes the maximum and minimum amount of savings spouses of nursing residents may keep. As of January 1, 2001, the most in "countable" assets that a state may allow a community spouse to retain without a hearing or a court order is $87,000. The least that a state may allow a community spouse to retain is $17,400. In general the at home, or "community" spouse may keep half of the couple''s combined countable assets within these lower and higher limits. However, states have the option of increasing the lower amount all the way up to $87,000. The figure set by the state usually is referred to as the Community Spouse Resource Allowance (CSRA). By comparison, the nursing home resident him- or herself may retain only $2,000 in "countable" assets. The income of a community spouse is not counted in determining the institutionalized spouse''s Medicaid eligibility. However, in many cases most of a couple''s income is in the name of the institutionalized spouse, and the community spouse''s income is not enough to live on. In such cases, the community spouse is entitled to some or all of the monthly income of the institutionalized spouse. This is where the second set of federal guidelines comes in. How much the community spouse is entitled to depends on what the Medicaid agency determines to be a minimum income level for the community spouse. This figure, known as the minimum monthly maintenance needs allowance (MMMNA), is different depending on the state and on the community spouse''s housing costs. However, states must base their formula for determining the MMMNA on the federal minimum and maximum MMMNA, which change every year. On January 1, the maximum MMMNA increased to $2,175 a month. This means that in states that use this maximum figure, the community spouse is entitled to a monthly income of at least $2,175. If her income is less than this figure, she can increase her income by having assets or income transferred from the institutionalized spouse. The minimum MMMNA does not change until July 1. This figure is currently $1,406.25. For more on spousal protections, see Protections for the Healthy Spouse in the Medicaid section.
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