Page 29 - Senior Link Magazine Spring 2025 - Online Magazine
P. 29

SENIOR RESOURCES                                                               SENIOR RESOURCES



                2025 UPDATE FOR






              Medicaid's Nursing Home



              Assistance Program                                                       by Lee Franks




           Regarding the topic of this article, I do not advise the reader to take any particular action without consulting a competent attorney first. Do
           not take it personally, but I do not represent you until we have met, and I have agreed to represent you. For the purposes of this article, the term
           ‘Medicaid’ refers generally to Medicaid for the Elderly and People with Disabilities, or MEPD, and specifically to nursing home care assistance.

                 ost people cannot afford    the nursing home bill, effectively a   the community spouse to make up
                 a lengthy stay in a         co-pay.                              the difference.
        Mnursing home, but for the
        relatively small percentage of the   The $2,000 individual asset limit,   Although, it may not look like it
        population who need it, Medicaid is   called by Medicaid “the countable   from such a brief summary, it is
        the only available public assistance.   resource limit,” generally causes   possible to obtain assistance to
        Medicaid is a needs-based, means-    the biggest problems. Medicaid       pay for nursing home care and still
        tested federal program administered   exempts a person’s residence equity   preserve some wealth, especially
        by the states. In Texas, that job falls   (up to $730,000) and one car of   for those who are married to a
        to the Texas Health and Human        any value, and it also exempts       spouse in the community. Those
        Services Commission. Aside from      retirement funds, for example        who find themselves or a loved one
        having to be over 65 or disabled,    IRAs, 401(k)s, and 403(b)s, under    requiring nursing home care should
        the person applying for Medicaid     the right conditions. Aside from     consult with an attorney familiar
        assistance must have a medical       personal property, a pre-need        with Medicaid to find out what
        necessity to which only a licensed   funeral contract, and a few other    assistance is available to them.
        medical professional can attend and   rare exceptions, Medicaid counts
        reside in a skilled nursing facility.   everything else (beware
        In addition, Medicaid imposes        the cash value of life
        income and asset limits.             insurance).
        The income limit changes             If the person is married,
        every time the Social Security       and that spouse does not
        Administration makes a cost-of-      live in a nursing home,
        living adjustment or COLA. This      then Medicaid provides
        year, the new individual income      for a Spousal Protected
        limit is $2,901 (gross) per month.   Resource Amount
        As it happens, income rarely affects   (the SPRA) which
        eligibility since Medicaid provides   ranges from $31,584 to
        a work-around in the form of a       $157,920. Interestingly,
        Qualified Income Trust, also known   Medicaid does not
        as a Miller Trust. Note well that    require the community
        the Miller Trust works ONLY for      spouse to contribute any
        income; it does NOT shield assets    of his or her income to
        from Medicaid. The person can        the nursing home bill. In
        keep $75 per month, the Personal     fact, if the community
        Needs Allowance (the PNA), and       spouse’s monthly gross
        enough to pay monthly health         income is less than
        insurance premiums, otherwise all    $3,948, the person can
        the person’s income is applied to    divert enough income to
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