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?

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 must not 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). In 2024, A spouse who continues living at home
while their partner receives long-term care coverage through Medicaid can keep up to
$154,140.00 in assets. 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.