Medicaid and Your Spouse

What if a married person needs long term care but their spouse does not? What if they own their own home and they have retirement accounts and money in the bank? Do they have to spend everything before Medicaid will be available for the spouse needing long term care?

Mature senior couple

The Florida Medicaid rules are in line with the Federal law that prohibits the impoverishment of a community spouse. In other words, the cost of long-term care for one spouse does not need to make the other spouse destitute. There are multiple asset and income rules that provide for the
community spouse.

One example of a Medicaid eligibility income rule for married couples is the Minimum Monthly Maintenance Needs Allowance (MMMNA). The spouse needing long term care may be the same spouse whose income the couple has relied on to sustain themselves in the community. The rule prevents income from going to the nursing home to pay for the institutionalized spouse when that income is needed by the community spouse within certain parameters.

One example of a Medicaid eligibility asset rule for married couples is the Community Spouse Resource Allowance (CSRA). Under the 2022 CSRA, $137,400.00 liquid assets are exempt from Medicaid and is kept by the spouse who will remain in the community. Homestead property is also exempt from Medicaid.

What if the couple has income and/or assets over the Medicaid eligibility caps and CSRA amounts? I will cover these issues in the following months Newsletters, stay tuned.

The process of getting Medicaid for long term care can be very complex. It is best to consult with an attorney who practices Medicaid Law.

Diana Mangsen focuses her practice as an elder law attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at
https://www.mangsenlaw.com/
or call (727) 888-6282.