When a Medicaid applicant is married and the spouse is still living at home (called community spouse or CS) assets can be set aside for the support of the CS. The statutory amount is $90,660.00 for 2003. However, in many situations much larger amounts can be set aside. The decision must be based on many considerations including assets, income and the needs of the CS.
Eligibility for Medicaid for Persons over Age 65
ELIGIBILITY REQUIREMENTS - There are primarily four types of requirements to meet in order to become eligible for Medicaid.
- CLASS REQUIREMENTS: A person must be at least 65 years of age, blind or disabled, and be a U.S. citizen or a resident alien.
- MEDICAL NECESSITY: The applicant must meet the medical eligibility requirement for Medicaid. An applicant must be evaluated and certified to meet the medical requirements.
- INCOME ELIGIBILITY: The applicant may not receive direct income of more than $1,656.00 (as of January 1, 2003). If the amount exceeds the cap, a Miller Trust can usually solve the problem. In some situations income can be allocated to a spouse who is still living at home.
- ASSET ELIGIBILITY: The baseline amount for eligibility is $2,000.00 subject to many exceptions. Much can be done if the amount of assets greatly exceed the $2,000.00 baseline.
There are many techniques available for legally preserving assets that will usually enable transfer or use of assets without losing it all. The base amount for both spouses entering a nursing home and applying for Medicaid is $3,000.00, also subject to many exceptions.
How to find a good nursing home?
Call 817-795-8843 for a free information packet on how to determine which nursing homes provide the best care. In addition, much information including the Texas Dept. Of Human Services review results of Texas nursing homes can be found on the Medicare website.
Go to www.medicare.gov. On the left side panel it will have nursing home comparisons click there and choose Texas and then the northern and western half. You can then look by county, city or zip code. Each individual nursing home will have the most recent results within its section.
Contact Charles Kennedy by email: ckennedy@TexasWillplanner.com.
