Medicaid exempt assets: What Federal and State Laws grant

by GarySpicuzza » Tue Apr 22, 2008 09:19 am

Medicaid, the State and Federal Government program pays for health services and nursing home care for the elderly in your home. This program has been designed for individuals with low income and if you have limited assets. An added advantage of Medicaid is that it also pays for some long-term care services at home.

How would you choose long-term care?

This is an important decision that you need to make. When choosing long-term care you need to plan out your health care needs in the future. How much you would pay for such care depends on the type of policy you buy. Experts say that if you have the savings for long term care you may not consider buying a policy. But, if you do not have then maybe you could consider buying one. The cost of treating chronic illness can be expensive and this is when a policy like this can be very advantageous.

Usually, LTC recipients of Medicaid are usually those who are aged or from the disabled group, but there are only a handful who receive SSI and yet opt for LTC.

What are the assets exempted under Medicaid and LTC?

There are certain Medicaid asset exemptions made by the Federal and state laws when determining eligibility. As an applicant you would first have to use all of your assets in excess of the exempt amount in order to pay the cost of nursing care facilities before you can qualify for Medicaid. If you are married, your spouse’s assets would also be combined to determine eligibility.

The following are Medicaid exempt assets:
  • A house but only when you (the applicant) are likely to return home. Your home may also be among Medicaid exemptions if your spouse, or a child under the age of 21 years or a child over the age of 21 years but disabled, or a brother/sister owning part of the house and having resided there for at least 1 year continues to live in that house.
  • Essential items like furniture, appliances etc.
  • Personal items like jewelry, clothing etc.
  • Burial plots
  • Funds for burial up to $1500 each in case you are married and $1200 if you are a single applicant.
  • A cash surrender value in a life insurance. This is possible only when the face value of the policies together is less than $1500. However, term life insurance does not have a cash surrender value and hence is totally exempt.

Related readings:

Exempt assets from Medicaid with Long Term Care insurance. (LTCi)

There are 25 states with Long Term Care Partnership Programs.

This is significant legislation as a person can now LEGALLY exempt their assets from nursing home and Medicaid spend down by simply obtaining Long Term Care insurance.

Click HERE to read Florida Statute 409.9102.

(b) Provide a mechanism to qualify for coverage of the costs of long-term care needs under Medicaid without first being required to substantially exhaust his or her assets, including a provision for the disregard of any assets in an amount equal to the insurance benefit payments that are made to or on behalf of an individual who is a beneficiary under the program.

(4) The Department of Children and Family Services, when determining eligibility for Medicaid long-term care services for an individual who is the beneficiary of an approved long-term care partnership program policy, shall reduce the total countable assets of the individual by an amount equal to the insurance benefit payments that are made to or on behalf of the individual.



States with Partnership Legislation:

Arkansas
Iowa
NorthDakota
Colorado
Maryland
Ohio
Florida
Massachusetts
Oklahoma
Georgia
Michigan
Pennsylvania
Hawaii
Missouri
Rhode Island
Idaho
Montana
Virginia
Illinois
Nebraska
Washington
New York
Indiana
Connecticut
California

Total Comments: 113

Posted: Fri Feb 10, 2012 07:11 am Post Subject: Look Back

My mother in law lives with me and spends about $2,500 dollars a month of her modest assets to assist with the cost of operating our household which includes a mortgage payment. Is this spending subject to the look back in determining her assets for eligibility for Medicaid should she need to go into a nursing home.

Posted: Fri Feb 10, 2012 07:11 am Post Subject: Look Back

My mother in law lives with me and spends about $2,500 dollars a month of her modest assets to assist with the cost of operating our household which includes a mortgage payment. Is this spending subject to the look back in determining her assets for eligibility for Medicaid should she need to go into a nursing home.

Posted: Fri Feb 10, 2012 07:11 am Post Subject: Look Back

My mother in law lives with me and spends about $2,500 dollars a month of her modest assets to assist with the cost of operating our household which includes a mortgage payment. Is this spending subject to the look back in determining her assets for eligibility for Medicaid should she need to go into a nursing home.

Posted: Fri Feb 10, 2012 07:11 am Post Subject: Look Back

My mother in law lives with me and spends about $2,500 dollars a month of her modest assets to assist with the cost of operating our household which includes a mortgage payment. Is this spending subject to the look back in determining her assets for eligibility for Medicaid should she need to go into a nursing home.

Posted: Fri Feb 10, 2012 07:11 am Post Subject: Look Back

My mother in law lives with me and spends about $2,500 dollars a month of her modest assets to assist with the cost of operating our household which includes a mortgage payment. Is this spending subject to the look back in determining her assets for eligibility for Medicaid should she need to go into a nursing home.

Posted: Fri Feb 10, 2012 07:12 am Post Subject: Look Back

My mother in law lives with me and spends about $2,500 dollars a month of her modest assets to assist with the cost of operating our household which includes a mortgage payment. Is this spending subject to the look back in determining her assets for eligibility for Medicaid should she need to go into a nursing home.

Posted: Fri Feb 10, 2012 07:12 am Post Subject: Look Back

My mother in law lives with me and spends about $2,500 dollars a month of her modest assets to assist with the cost of operating our household which includes a mortgage payment. Is this spending subject to the look back in determining her assets for eligibility for Medicaid should she need to go into a nursing home.

Posted: Fri Feb 10, 2012 07:12 am Post Subject: Look Back

My mother in law lives with me and spends about $2,500 dollars a month of her modest assets to assist with the cost of operating our household which includes a mortgage payment. Is this spending subject to the look back in determining her assets for eligibility for Medicaid should she need to go into a nursing home.

Posted: Fri Feb 10, 2012 07:12 am Post Subject: Look Back

My mother in law lives with me and spends about $2,500 dollars a month of her modest assets to assist with the cost of operating our household which includes a mortgage payment. Is this spending subject to the look back in determining her assets for eligibility for Medicaid should she need to go into a nursing home.

Posted: Fri Feb 10, 2012 07:12 am Post Subject: Look Back

My mother in law lives with me and spends about $2,500 dollars a month of her modest assets to assist with the cost of operating our household which includes a mortgage payment. Is this spending subject to the look back in determining her assets for eligibility for Medicaid should she need to go into a nursing home.

Add your comment

Enter the characters shown in the image.
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.