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Medicaid Coverage of Spouse's Nursing Home Expenses
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Key Takeaways
Medicaid helps pay for nursing home care, and federal spousal impoverishment rules allow the community spouse to keep certain income and assets so they aren’t left destitute. During eligibility review, Medicaid assesses the couple’s countable and exempt assets to determine how much the institutionalized spouse must contribute toward care. If the applicant qualifies, Medicaid covers nursing home costs and may protect additional resources through spousal allowances and planning tools.
Many seniors can’t afford long-term health care, like nursing home care. Medicaid is a federal government program that provides health insurance for low-income individuals and the elderly. It can also help pay for nursing home care services for older adults.
Given nursing home costs, paying for nursing home care out of pocket is not realistic for many older adults. But Medicaid can help cover nursing home costs for eligible seniors, and federal spousal impoverishment rules ensure the spouse at home can keep certain income and assets.
This article explains how those protections work, eligibility requirements, and the options couples have to protect their assets when one spouse needs long‑term care. You can also consult a healthcare attorney near you for targeted legal advice. An experienced lawyer can review your finances and help you structure assets to best protect yourself and your spouse.
Medicaid and Nursing Home Care
Medicaid will cover nursing home costs as long as the recipient meets Medicaid eligibility criteria. You must need the care given in a nursing home, and the state Medicaid agency has certified the nursing home. Although this seems relatively straightforward, this approach can get complicated for married seniors with assets. Many seniors risk losing their life savings if they need nursing home care. Medicaid often pays only after they have depleted their assets.
Before the passage of the Medicare Catastrophic Coverage Act in 1988, elderly couples faced impoverishment if one spouse entered a nursing home. This was often catastrophic for the community spouse, or the spouse who was not in a nursing home. The institutionalized spouse is the spouse who is in the nursing home.
Congress passed the Medicare Catastrophic Coverage Act of 1988 to protect the community spouse from impoverishment. The Act provides spousal impoverishment protection for legally married couples when one spouse needs nursing home care.
Spousal Impoverishment Protection
Under federal spousal impoverishment protection, the community spouse can keep some of the couple’s income and countable assets if the applicant spouse uses Medicaid for long-term care.
Medicaid Eligibility
Generally, you can’t meet Medicaid eligibility if you have more than a few thousand dollars in countable assets. For married couples, Medicaid looks at the couple’s countable assets as of the first day the institutionalized spouse enters long-term care. Countable assets include the following:
- Cash
- Savings accounts
- Annuity
- Stocks
The Medicaid program considers any assets a Medicaid recipient can convert to cash to pay for their medical care.
Exempt Assets
Medicaid rules exempt certain assets, including the following:
- Marital home
- Irrevocable trusts
- Funeral or burial trusts
- Life insurance policies under a given amount set by Medicaid
An attorney can help you understand Medicaid rules, protect key assets, and plan ahead before long-term care becomes imminent. With expert legal help, you can make decisions that protect your financial future. Find an attorney near you.
Asset Assessment
At the start of the qualifying process, Medicaid reviews the couple’s assets to determine the community spouse’s potential contribution. The snapshot reflects their financial status during the Medicaid applicant’s first continuous (minimum 30 days) institutionalization in a nursing facility or hospital.
The asset assessment will determine the community spouse’s contribution, if any, to their spouse’s medical care.
Income Eligibility
While Medicaid doesn’t consider the community spouse’s income when determining eligibility for a Medicaid recipient, some states do. In these states, if the community spouse’s monthly income exceeds the state’s limit, the state may ask the community spouse to contribute to their spouse’s medical care.
SSI and Spousal Impoverishment Standards
The Centers for Medicare and Medicaid Services (CMS) annually publishes the SSI (Social Security Income) and Spousal Impoverishment standards. These standards provide monetary guidelines to ensure the financial well-being of a community spouse residing in the marital home. This document outlines the following:
- SSI resource standards
- Minimum monthly maintenance needs allowance (MMMNA)
- Maximum monthly maintenance needs allowance
- Community spouse monthly housing allowance
- Minimum and maximum community spouse resource allowance (CSRA)
- Minimum and maximum house equity limits
Medicaid Minimum Maintenance Needs Allowance (MMMNA)
The MMMNA is the amount of income set by federal law that the community spouse can receive from the institutionalized spouse’s income. The MMMNA for July 1, 2026, through June 30, 2027, is $2,705.00 per month with a maximum cap of $4,066.50.
Some states allow the community spouse to keep a shelter allowance for the following:
- Rent or mortgage
- Taxes
- Insurance
- Utilities
Medicaid Planning
Many couples opt for Medicaid planning to protect their assets ahead of any possible institutionalization or increased medical expenses. These people use legal avenues, such as a trust, to protect their assets. Without such protection, the state Medicaid office could try to recover care costs from the nursing home resident’s estate.
Concerned With Nursing Home Costs? Get Legal Help
Medicaid rules for coverage of a spouse’s nursing home expenses are relatively complex. If you or a family member needs help understanding Medicaid’s rules, an elder law attorney can help. They are experts in elder care law and can give sound legal advice. Speak to a healthcare lawyer today.
FindLaw’s directory of healthcare attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals near you. Because your state’s laws are relevant, your attorney should be licensed in your state. Your search results will also show important details about prospective attorneys, like ratings and whether they offer free case evaluations.
Can I Solve This on My Own or Do I Need an Attorney?
- Most people can apply for Medicare and Medicaid on their own
- An attorney can evaluate your plan options to confirm you’re receiving the benefits you’re entitled to
- Healthcare systems and insurance companies are well-resourced with teams of attorneys on their side
Protect your patient rights with an attorney at your side. An attorney can offer tailored advice and help prevent common mistakes.
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