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Overview Of Medicaid
Qualification
These are general statements
regarding the federal guidelines
In order to be eligible for Medicaid benefits a nursing home
resident may have no more than $2,000 in "countable" assets.
The spouse of a nursing home resident is limited to one half of
the couple's joint assets up to $110,000 (in 2009) in "countable"
assets.
- All assets are counted against these limits unless the assets
fall within the short list of "noncountable" assets. These
include:
(1) personal possessions, such as clothing, furniture, and
jewelry;
(2) one motor vehicle, valued up to $4,500 for unmarried
recipients and of any value for the healthy (community)
spouse;
(3) the applicant's principal residence, provided it is in the
same state in which the individual is applying for coverage (the
states vary in whether the Medicaid applicant must prove a
reasonable likelihood of being able to return home);
(4) prepaid funeral plans and a small amount of life insurance;
and
(5) assets that are considered "inaccessible" for one reason or
another.
Medicaid Lookback Periods for
Asset Transfers:
As a general rule, the state will look back 5 years from the date
of your application to determine if you have made an asset transfer
for less than fail market value. If an individual transferred assets
for less than fair market value withn the 5 year lookback period,
the state will calculate a penalty period which would begin to run
from the 1st day of the month in which the Transferor is receiving
institutional care and would have otherwise been qualified for
Medicaid Assistance. The transferor will be disqualified from
receiving Medicaid benefits until such disqualification period has
expired. If such an asset transfer is found, the disqualification
period will be based on the value of the transfer. For example, an
asset transfer valued at $88,560 would result in a disqualification
period of approximately 12 months from the date of the transfer
($88,560 divided by average monthly cost of a nursing home ($7380 or
$246/day) is 12 months).
It is important to note that these are
general guidelines and there are several exceptions to these general
asset transfer rules that could have a significant impact on your
eligibility for Medicaid Assistance.
Income
Rules
The Nursing Home applicant is allowed to keep $72/month in
income. There are no restrictions on the amount of income that is
allowed for the 'At Home' spouse.
William F.
Smith Attorney at Law West Boylston, MA
508-835-2100 Moultonboro NH 603-253-2906
wsmith@mass-elderlaw.com
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