Medicare beneficiaries increasingly rely on long-term care, and the portion of seniors needing these services will keep rising as the population ages. However, long-term care is mostly not covered by Medicare. While Medicaid fills the gap in Medicare coverage for long-term care, its complex eligibility rules can make qualifying for benefits difficult. What’s more – eligibility rules vary significantly from state to state.
Long-term care Medicaid applicants usually have to undergo a level of care assessment.
Medicaid nursing home coverage in Wisconsin
Income limits: The income limit is $2,742 a month if single and $5,484 a month if married (and both spouses are applying).
When only one spouse needs Medicaid, the income limit for single applicants is used – and only the applicant’s income is counted.
However, this income limit doesn’t mean an applicant can keep all of their income up to the limit. Nursing home enrollees must pay nearly their entire income toward their care, other than a small personal needs allowance and money to pay for health insurance premiums (such as Medicare Part B and Medigap).
Assets limits: The asset limit is $2,000 per applicant. If only one spouse needs Medicaid, spousal impoverishment rules allow the other spouse to keep up to $148,620.
Certain assets are never counted, including many household effects, family heirlooms, certain prepaid burial arrangements, and one car. Applicants also are not allowed to have more than $750,000 in home equity.
Home and Community Based Waiver (HCBS) services
Every state’s Medicaid program covers community-based LTSS services. These services are called Home and Community-Based Waiver (HCBS) services because recipients continue living in the community, rather than entering a nursing home.
Income limits: The income limit is $2,742 a month if single and $5,484 a month if married (and both spouses are applying).
When only one spouse needs Medicaid, the income limit for single applicants is used – and only the applicant’s income is counted.
HCBS recipients in Wisconsin are allowed to keep a personal needs allowance. Nearly all their remaining income must be paid toward their care.
Assets limits: The asset limit is $2,000 per applicant. If only one spouse needs Medicaid, spousal impoverishment rules allow the other spouse to keep up to $148,620.
An applicant’s first home will not disqualify them from receiving Medicaid LTSS if it is worth less than $750,000.
Spousal impoverishment protections in Wisconsin
Eligibility rules for Medicaid LTSS programs differ from other Medicaid benefits when only one spouse is applying. When this occurs, only the applying spouse’s income is counted. (Normally with Medicaid benefits, the income of both spouses is counted – regardless of who is applying.)
Spousal impoverishment rules allow community spouses of Medicaid LTSS recipients to keep a Minimum Monthly Maintenance Needs Allowance (MMMNA) from their Medicaid spouse’s monthly income.
In Wisconsin as of 2022, these spousal impoverishment rules allowed community spouses to keep:
Medicaid home equity limit in Wisconsin
Federal law requires states to limit eligibility for Medicaid nursing home and HCBS to applicants who have significant home equity. States set these home equity levels based on a federal minimum of $688,000 and maximum of $1,033,000 in 2023.
Wisconsin uses an intermediate limit on home equity – and applicants with more than $750,000 in home equity are not eligible for LTSS programs.
Penalties for transferring assets in Wisconsin
Because long-term care is expensive, individuals can have an incentive to give away or transfer assets to make themselves eligible for Medicaid LTSS. To curb these asset transfers, federal law requires states to institute a penalty period for Medicaid nursing home applicants who give away or transfer assets for less than their value. States can also have a penalty period for community-based LTSS.
Wisconsin has an asset transfer penalty for both nursing home care and HCBS. The state uses a 60-month lookback period to calculate this asset transfer penalty – meaning that asset transfers or gifts made during this period can make an applicant ineligible for LTSS. This penalty is calculated by dividing the value of asset transfers and gifts by the monthly cost of nursing home care (about $8,380 in 2023).
Estate recovery in Wisconsin
A state’s Medicaid agency is required to recover what it paid for LTSS and related medical costs while an enrollee was 55 or older. The law allows states to also pursue estate recovery against beneficiaries who did not receive LTSS.
Wisconsin has chosen to only recover the cost of Medicaid benefits when an enrollee receives LTSS beginning at age 55. The state will also recover from the estates of younger enrollees who have been permanently institutionalized.
When an enrollee’s Medicaid coverage was administered by a managed care organization (MCO), the state will attempt to recover what it paid the MCO. That means the estate recovery amount could be more (or less) than the actual cost of Medicaid services received.
Wisconsin will grant an exemption to estate recovery in cases where recovering from an estate would cause undue hardship to an enrollee’s heirs. For example, a hardship exemption would be granted if pursuing an estate recovery claim would cause an heir to become (or remain) eligible for SSI, FoodShare or Medicaid.