As the U.S. population ages, a growing percentage of people reach a point when they need long-term care. In fact, 20 percent of Medicare beneficiaries who lived at home received some assistance with LTSS in 2015. Medicare, for the most part, does not cover long-term services and supports (LTSS). Medicaid fills these gaps in Medicare’s coverage for long-term care, but its complex eligibility rules can make qualifying for benefits difficult.
Medicaid nursing home coverage
Most seniors used to receive long-term care in nursing homes. Today, more enrollees receive these services in their homes. But some enrollees have medical or living situations that make nursing home care a better choice.
Income limits: The income limit is $2,349 a month if single and $4,698 a month if married and both spouses are applying. If only one spouse needs Medicaid, the single applicant income limit applies – and usually only the applying spouse’s income is counted.
Even though the income limit is $2,349 a month (if single), nursing home enrollees are not allowed to keep most of their income up to this limit. Instead, they have to pay all but a small portion of it toward their care, but can keep money to pay for health insurance premiums (such as Medicare Part B and Medigap) as well as a personal needs allowance of $70 each month.
Assets limits: The asset limit is $4,000 if single and $6,000 if married (and both spouses are applying). If only one spouse needs Medicaid, the other spouse can keep up to $128,640. Note that the asset limit excludes items such as most household effects, family heirlooms, some prepaid burial arrangements, and one car.
A first home will not disqualify an applicant from receiving nursing home benefits if they have less than $893,000 in home equity.
Medicaid coverage for Home and Community Based Services (HCBS) waivers
Medicaid programs offer varying levels of community-based long-term care benefits through Medicaid. Programs offering this care are called Home and Community-Based Services (HCBS) waivers, and cover long-term care services received at home, which may be less expensive than nursing home care.
Income limits: The income limit is $2,349 a month if single. This limit is used when only one spouse in applying for HCBS – and usually only the applying spouse’s income is counted. The limit is $4,698 a month if married and both spouses are applying.
In Washington, D.C., recipients of HCBS can keep a personal needs allowance equal to the income limit of $2,349 a month per applicant (in 2020).
Asset limits: The asset limit for HCBS is $4,000 if single/$6,000 if married and both spouses are applying. If only one spouse needs Medicaid, the other spouse can keep up to $128,640.
A first home will not disqualify an applicant from receiving HCBS if they have less than $893,000 in home equity.
Spousal impoverishment protections in District of Columbia
Spousal impoverishment rules allow a couple to separate their joint assets and income for the purpose of meeting eligibility requirements when one spouse needs LTSS. The spouse not applying for long-term care services is sometimes called the “community spouse.”
Spousal impoverishment rules allow the community spouse of a Medicaid LTSS beneficiary to keep a Minimum Monthly Maintenance Needs Allowance (MMMNA) from their Medicaid spouse’s monthly income. Nursing home enrollees would pay all of this income toward their care if they couldn’t transfer it to a spouse.
In D.C. in 2020, these community spouses are allowed to keep:
Note that eligibility rules for Medicaid LTSS programs are different than those for other Medicaid benefits. Normally with Medicaid benefits, the state looks at income of both spouses regardless of who applies. For LTSS, only the applying spouse’s income is counted.
Permitted home value in Washington, DC
Federal law mandates that states restrict eligibility for Medicaid nursing home and HCBS to applicants with a home equity interest below a certain dollar amount. In 2020, states set their home equity limits based on a federal minimum home equity interest of $595,000 and a maximum of $893,000.
Washington, D.C. stipulates that applicants can have no more than $893,000 in home equity to qualify for Medicaid LTSS benefits.
Penalties for transferring assets in DC
Because long-term care is expensive, individuals may give away or transfer assets to others so they can become eligible for Medicaid nursing home care or HCBS. As a discouragement, federal law requires states to have a penalty period for Medicaid nursing home applicants who have transferred assets, and states can also apply a penalty for HCBS. Medicaid will not cover LTSS during this penalty period. However, enrollees who have a penalty can sometimes still receive receive regular Medicaid ABD benefits.
Washington, D.C. chooses to have an asset transfer penalty for both nursing home care and HCBS. The penalty is based on a five-year look-back period when asset transfers and gifts are prohibited. This period is calculated by dividing the value of gifts and asset transfers by the average monthly cost of nursing home care (which is about $12,883 in D.C. in 2020).
Estate recovery in DC
Medicaid agencies are required to attempt to recover their payments for long-term care and related medical expenses for enrollees who were 55 or older. States can also recover the cost of all other Medicaid benefits. This is called estate recovery.
As of 2015, Washington, D.C. had chosen to recover the cost of all Medicaid benefits received beginning at the age of 55. This means D.C. pursues estate recovery from Medicaid expansion enrollees.
However, D.C. will not pursue estate recovery as long as there is a surviving spouse, or a child who is under 21, blind or disabled (and still living in the Medicaid enrollee’s home).
Congress exempted Medicare premiums and cost sharing from Medicaid estate recovery starting with benefits paid after December 31, 2009, but Medicaid may attempt to recover the cost of MSP benefits received through that date.
This website has more information about estate recovery in Washington, D.C.