Medicaid Rules

When one spouse is in a nursing home and applying for Medicaid, planning has to take into account the possibility that the spouse who is not in the nursing home (called the "community spouse") may pass away first.

Almost all state Medicaid programs will cover some assisted living costs, although there may be a waiting list.

One area that causes a lot of confusion with regard to Medicaid is the look-back period. What exactly does the look-back period mean for Medicaid applicants?...

If you transfer assets within five years of applying for Medicaid, you will likely be subject to a period of ineligibility. There is an exception, however, if enforcing the penalty period would cause the applicant an "undue hardship."...

A federal appeals court has ruled that Medicaid officials must accept applicants' short-term annuities, providing more certainty for Medicaid applicants' use of this important planning tool. ...

The U.S. Supreme Court's recent ruling on marriage equality means that gay couples living in states that previously did not recognize their marriage will now be covered by Medicaid’s spousal impoverishment protections and asset transfer rules.  ...

The minimum amount of monthly income that a community spouse (the spouse of a nursing home resident getting Medicaid benefits) is entitled to receive, will rise July 1, 2015.

If you have it to give, you certainly can, but there may be consequences should you apply for Medicaid long-term care coverage within five years after each gift.

In some states (called "income cap" states), Medicaid applicants who have excess income can qualify for Medicaid only if they put the excess in a special trust, called a "Miller" trust or a "Qualified Income Trust.