One of the most important protections for the spouses of Medicaid applicants is the "community spouse resource allowance...Read more
Amounts Spouses of Medicaid Recipients May Keep in 2008 Are Released
- October 26th, 2007
The Centers for Medicare & Medicaid Services (CMS) has released the 2008 federal guidelines for how much money the spouses of institutionalized Medicaid recipients may keep.
In 2008, the spouse of a Medicaid recipient living in a nursing home (called the "community spouse") may keep as much as $104,400 without jeopardizing the Medicaid eligibility of the spouse who is receiving long-term care. Called the "community spouse resource allowance," this is the most that a state may allow a community spouse to retain without a hearing or a court order. While some states set a lower maximum, the least that a state may allow a community spouse to retain in 2008 will be $20,880.
Meanwhile, the maximum monthly maintenance needs allowance for 2008 will be $2,610. This is the most in monthly income that a community spouse is allowed to have if her own income is not enough to live on and she must take some or all of the institutionalized spouse's income. The minimum monthly maintenance needs allowance remains $1,711.25 until July 1, 2008. In determining how much income a particular community spouse is allowed to retain, states must abide by this upper and lower range. Bear in mind that these figures apply only if the community spouse needs to take income from the institutionalized spouse. According to Medicaid law, the community spouse may keep all her own income, even if it exceeds the maximum monthly maintenance needs allowance.
The new figures reflect an increase in the Consumer Price Index (CPI) of 2.8 percent from September 2006 to September 2007. The 2008 figures take effect on January 1, 2008.
For a more complete explanation of the community spouse resource allowance and the monthly maintenance needs allowance, click here.
Local Elder Law Attorneys in Ashburn, VA
Hale Ball Carlson Baumgartner Murphy PLC
Attorney Samantha Simmons Fredieu is an associate at Hale Ball. Ms. Fredieu graduated magna cum laude from Vermont Law School where she was the symposium editor on the Vermont Law Review, a production editor on the Vermont Journal of Environmental Law, and a member of the Moot Court Advisory Board. She has clerked for...
Needham Mitnick & Pollack, PLC
Judith Mtinick is well known for acting as a guardian, conservator, trustee or agent on behalf of clients or by court appointment. This experience gives her a wide perspective and extensive practical knowledge that she uses when advising clients in drafting their planning documents. Her experience, as a court appointed...
Ron M. Landsman, P.A.
Ron M. Landsman has been practicing elder law since 1983, before it was known as elder law, originally with Landsman and Laster, Washington, D.C., then Landsman, Eakes and Laster, also in Arlington, VA, and since 1990 in his own practice in Montgomery County, Maryland. He has been among the most active members of the...