The percentage of beneficiaries needing long-term care continues to grow as the American population continues to age. However, LTSS is mostly not covered by Medicare. While Medicaid can fill this coverage gap, complex eligibility rules — which vary from state to state — can make qualifying for benefits difficult.
Medicaid nursing home coverage
Income limits: The applicant’s gross income must be less than the rate for a semi-private room in their nursing home (and below the private pay rate, if they reside in another type of residential care facility).
Medicaid long-term care enrollees have to pay almost all their income toward their care. They are allowed to keep a small personal needs allowance ($70 a month for nursing home enrollees and $40 a month for assisted living enrollees) and money to pay for health insurance premiums, such as Medicare Part B and Medigap.
Assets limits: The asset limit is $10,000 if single and $15,000 if married and both spouses are applying. If only one spouse needs Medicaid long-term care, the other can keep up to $128,640.
Certain assets never count toward the assets limit. Examples of excluded assets are household furnishings, family heirlooms, certain prepaid burial arrangements, and one automobile.
Home and Community Based Services (HCBS) waivers
All state Medicaid programs cover community-based long-term care services. Programs that pay for this care are called Home and Community Based Services (HCBS) waivers because recipients don’t have to enter a nursing home.
Income limits: The income limit is $2,349 a month if single and $4,698 a month if married (and both spouses are applying).
Even though the income limit is $2,349 a month (if single), HCBS enrollees must pay any income above $2,128 a month toward their care.
Asset limits: The asset limit is $10,000 if single and $15,000 if married and both spouses are applying. If only one spouse needs Medicaid long-term care, the other can keep up to $128,640.
Spousal impoverishment protections in Maine
Spousal impoverishment rules allow the non-applying or “community spouse” to keep certain income and assets.
In Maine in 2020, these spousal impoverishment rules allow community spouses to keep:
Permitted home equity in Maine
Federal law requires states to limit eligibility for Medicaid nursing home and HCBS to applicants with a home equity interest below a specific dollar amount. In 2020, states set this home equity level based on a federal minimum of $595,000 and maximum of $893,000.
Maine limits home equity interest to a maximum of $595,000 for Medicaid LTSS enrollees.
Penalties for transferring assets in Maine
Given the significant expense of long-term care, individuals sometimes contemplate transferring assets to meet eligibility requirements for Medicaid LTSS benefits. To curb asset transfers, federal law requires states to have a penalty period for Medicaid nursing home applicants who give away or transfer assets at below market value. States can choose to also have an asset transfer penalty for HCBS.
Maine has chosen to have an asset transfer penalty for both nursing home care and HCBS; Medicaid will not pay for LTSS during this penalty period.
Maine Medicaid uses a 60-month lookback period for these asset transfers and gifts. The penalty period is calculated by dividing the amount of money transferred or given away by the monthly cost of care in a nursing home; this amount was $8,476 in 2019).
Estate recovery in Maine
State Medicaid agencies have to attempt to recover what they paid for long-term care related costs while a beneficiary was 55 or older. States can also recover the cost of all other Medicaid benefits, and recover from enrollees who didn’t receive long-term care. This process is called estate recovery.
Maine has chosen to recover the cost of all Medicaid benefits received beginning at age 55.
When Medicaid coverage was administered by a Managed Care Organization (MCO), the state will attempt to recover what it paid that MCO. This amount could differ from the actual cost of the Medicaid services received.
Many states limit estate recovery to the enrollee’s probate estate (meaning their property that is subject to a will), but Maine also pursues estate recovery for property that passes outside of a will. This means the state can attempt to recover from life estates and bank and retirement accounts that have “transfer-on-death” provisions.
Maine may decide to exempt an inheritor from estate recovery if it would leave that person without a source of income.
The state will delay its estate recovery for enrollees who are survived by a spouse or by children who are under 21, blind or disabled. Estate recovery would occur once the spouse dies, or after the child turned 21 or was no longer considered disabled.
Congress exempted Medicare premiums and cost sharing from Medicaid estate recovery starting with benefits paid after December 31, 2009, but Medicaid may try to recover the cost of MSP benefits paid through that date.