Our goal is to help clients get the care they need, without depleting life savings.
The rules governing Medicaid are complex and frequently change, requiring great care in the planning and application for benefits. The lawyers at Pierro, Connor & Strauss have helped thousands of clients navigate the daunting Medicaid planning and filing process. If you or a loved one needs long-term care in the home, a skilled nursing facility or in some instances assisted living, there are excellent planning options available. Under new Medicaid eligibility rules; however, waiting to plan is NOT one of those options.
With proper legal planning, Medicaid-eligible residents can preserve assets and afford the high cost of long-term health care in the environment of their choosing.
Federal Medicaid Eligibility
To be eligible for the Medicaid program, the federal government requires individuals to be:
- Citizens of the United States or lawful permanent residents.
- Residents of the state in which they are receiving Medicaid.
When examining Medicaid eligibility for people over 65 years of age, the recipient must meet criteria for:
To live in a care facility or receive at-home assistance, individuals must require assistance with at least two Activities of Daily Living — bathing, dressing, toileting, transferring, eating, and walking – due to a physical impairment or a combined physical/cognitive impairment.
In 2022, single individuals must have income less than $2,523/month to qualify for the program. Married couple incomes are generally counted separately, though a non-applicant can re-allocate some of the applicant’s income to enable receipt of benefits. In 2022, the maximum monthly maintenance needs allowance is $3,435/month. When both spouses are applicants, they are allowed up to $5,046/month.
Adding to the complication, applicants are subject to an asset test. Cash, savings, and secondary properties count toward a $2,000 resource limit per Medicaid applicant. Exempt assets include primary residence value, furnishings, one automobile, funeral/burial funds, and a life insurance policy.