Assets: minimum = $19,908  maximum = $99,540

Married individuals can receive Medicaid nursing facility coverage without requiring the complete depletion of the couple’s assets.  42 U.S.C. 1396r-5(f).  The principle behind the spousal impoverishment provisions allows for the community spouse to retain the home and a significant amount of otherwise countable assets, while Medicaid covers the costs of the institutionalized spouse.  The examination of the couple’s assets includes the jointly owned assets and the assets owned individually by the community and institutional spouse.  Thus the name on the title has no importance in the analysis.

The community spouse can protect up to $19,908 or one half (up to $99,540) of their otherwise countable assets, whichever is greater.  Stated differently, the community spouse can retain the house, a car, all the personal possessions, the excludable income producing property (all items otherwise excludable) and the up to $99,540 limit in cash or other liquid investments.

The protection runs to assets owned by the couple at the time the individual’s first institutionalization (even if later interrupted).  On one hand, if assets of the nursing home resident increase while he is there, those assets are countable in full.  On the other hand, an increase in the community spouse’s assets levels after Medicaid is approved is not counted against the Medicaid recipient.

Upon request, DSS will perform an assessment at the time of entry into an institution to determine the amount of protected resources.  Obtaining an assessment is strongly advised for private patients who may later need Medicaid in order to assure there is proof of the value of assets and to obtain advice about how and when Medicaid eligibility may be established.