By now, most everyone knows the basics of Medicaid starting with the fact that a single person can qualify once their assets have been spent down to $2000 in Texas and a married couple can qualify their spouse for benefits once they have spent down one-half of their total assets, with a maximum of $115,920.00. However, the rules for Medicaid qualification (which vary by state) are much more complex than most people realize. Often times nursing home residents needlessly sell property and spend down their assets in order to pay their nursing home bill, when in fact, they could have qualified for benefits without selling anything or spending a dime!
You may know the general rule for a residence - so long as the applicant intends to return home, the value (up to $536,000) is exempt. But, did you know: in Texas, if your house is titled to a trust it is a countable asset?
You can transfer your residence to a child, penalty free, if that child has been living with you in your residence for 2 years prior to applying for Medicaid benefits so long as you can prove the care that child provided prevented you from entering the nursing home during that 2 year period (referred to as the “caretaker child exemption”)?
A Medicaid applicant can transfer their home, without incurring penalty, to: their spouse, their minor child (under 21); their blind or permanently disabled child; or their sibling with an equity interest who has resided there for one year immediately prior to the applicant’s institutionalization?
Most everyone knows that Medicaid considers your residence and one vehicle per family exempt, but did you know:
In Texas, rental properties are exempt?
In Texas, a working farm is exempt? but to be considered working, the farm must be in use directly by the applicant and/or spouse in the course of his/her business or employment (ex. collecting CRP income would not constitute “working” the farm).
Transfers for less than fair market value incur Medicaid penalties for an applicant during which time they cannot qualify for benefits (one day for every $156.34 transferred) in Texas.
Did you know: Transfers made to disabled children do not cause any penalty?
Prior to the implementation of the Deficit Reduction Act (“DRA”), the penalty used to start on the date the gift was made, now the penalty does not start until an application for benefits is made, so, the gift of $10,000 you made 3 years ago will affect your application today!
Prior to the DRA, only transfers made to or from a trust were subject to a five year look-back period. Now all transfers made are subject to a five year look-back, but this does not mean you have to give away all of your property and wait 5 years before Medicaid will start paying. Most couples and individuals will qualify much sooner and will be able to keep most if not all of their assets.
The Medicaid laws are very complicated and very case specific. Before selling, transferring or spending down your assets (or advising your clients on the same) it is important you consult someone who knows how to protect your assets and still qualify for benefits.
If we can help just give us a call at 1-800-939-9093 or email us at [email protected].
Thanks, Richard
