{"id":355788,"date":"2016-04-04T10:46:14","date_gmt":"2016-04-04T15:46:14","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/healthcare\/medicare-medicaid\/medicaid-for-nursing-home-for-spouse-if-i-can-still-live-independ.html"},"modified":"2024-04-03T16:07:46","modified_gmt":"2024-04-03T21:07:46","slug":"medicaid-for-nursing-home-for-spouse-if-i-can-still-live-independ","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/healthcare\/medicare-medicaid\/medicaid-for-nursing-home-for-spouse-if-i-can-still-live-independ.html","title":{"rendered":"Medicaid Coverage of Spouse’s Nursing Home Expenses"},"content":{"rendered":"\n
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Medicaid Coverage of Spouse's Nursing Home Expenses<\/h1>\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Susan Mills Richmond, Esq.<\/a>\n | Last updated\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Many seniors can’t afford long-term health care, like nursing home care. Medicaid<\/a> is a federal government program that provides health insurance for the poor and the elderly. It can help pay for nursing home care services for older adults. Given nursing home costs, paying for nursing home care would likely bankrupt most seniors. But Medicaid will pay for nursing home care if the applicant meets the eligibility requirements.<\/p>\r\n

Medicaid and Nursing Home Care<\/h2>\r\n

Medicaid will pay for nursing home costs as long as the recipient meets the Medicaid eligibility criteria. You must need the care given in a nursing home, and the state Medicaid agency<\/a> 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 only pays after they deplete their assets.<\/p>\r\n

Before the passage of the Medicare Catastrophic Coverage Act<\/a> in 1988, elderly couples faced impoverishment if one spouse got care in 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.<\/p>\r\n

Congress passed the Medicare Catastrophic Coverage Act 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.<\/p>\r\n

Spousal Impoverishment Protection<\/h2>\r\n

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.<\/p>\r\n

Medicaid Eligibility<\/h3>\r\n

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:<\/p>\r\n