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.
Medicaid nursing home coverage
Income limits: The applicant’s income cannot be higher than the cost of nursing home care. However, this doesn’t mean nursing home enrollees can keep all of their income up to the cost of care. Enrollees must pay nearly all their income each month to their nursing home, other than a small personal needs allowance (of $93 a month) and money to pay for health insurance premiums (such as Medicare Part B and Medigap).
Assets limits: The asset limit is $2,500 if single and $6,000 if married (and both spouses are applying, so $3,000 per spouse. This reduces to $2,500 after six months.) If only one spouse needs Medicaid, the other spouse can keep up to $148,620.
Certain assets are never counted, including many household effects, family heirlooms, certain prepaid burial arrangements, and one car.
In Maryland, nursing home enrollees can’t have more than $688,000 in home equity.
Home and Community Based Services (HCBS) waivers
All state Medicaid programs cover community-based long-term care, which is provided at home or in a community setting. Programs that pay for this care are called Home and Community Based Services (HCBS) waivers because enrollees don’t have to enter 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 applies and the state usually considers the applying spouse’s income only.
Asset limits: The asset limit is $2,000 if single and $3,000 if married and both spouses are applying. If only one spouse needs Medicaid, the other spouse can keep up to $148,620; this limit excludes certain assets.
HCBS enrollees are not allowed to have more than $688,000 in home equity.
Spousal impoverishment protections in Maryland
Eligibility rules for Medicaid LTSS programs differ from those for other Medicaid benefits. Normally with Medicaid benefits, the income of both spouses is counted regardless of who is applying. For LTSS, only the applying spouse’s income is counted.
If the spouse of a Medicaid nursing home or HCBS recipient doesn’t have Medicaid, spousal impoverishment rules allow them to keep a Minimum Monthly Maintenance Needs Allowance (MMMNA) from their Medicaid spouse’s income.
In Maryland in 2022, spousal impoverishment rules allowed the “community spouse” to keep:
Permitted home equity interest in Maryland
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. States set these home equity levels based on a federal minimum of $688,000 and maximum of $1,033,000 in 2023.
Maryland uses the most restrictive limit on home equity. Accordingly, Maryland Medicaid LTSS applicants can’t have more than $688,000 in home equity.
Penalties for transferring assets in Maryland
Given the significant cost of long-term care, individuals sometimes consider transferring assets to meet eligibility requirements for Medicaid LTSS benefits. As a disincentive to 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.
Maryland has chosen to have a penalty period that applies to both nursing home care and HCBS. The state looks back for 60 months for asset transfers and gifts. If transfers are seen, the state imposes a penalty period, which is determined by dividing the amount of money transferred or given away by the monthly cost of nursing home care (this is $10,190 in Maryland in 2023).
Medicaid will not pay for LTSS during the penalty period.
Estate recovery in Maryland
State Medicaid agencies have to try to recover what they paid for long-term care related costs while an enrollee was 55 or older. States can choose to also recover their payments for all other Medicaid benefits. This is called estate recovery.
Maryland has chosen to recover the cost of all Medicaid benefits received beginning at age 55 (rather than limiting recoveries to the recipients of LTSS). This means Medicaid expansion enrollees are also subject to estate recovery in Maryland.
When a deceased enrollee’s Medicaid coverage was administered by a Managed Care Organization (MCO) (i.e., a private insurer with whom the state contracts to administer Medicaid benefits), the state will attempt to recover what it paid that MCO. That means the estate recovery amount could differ from the actual cost of Medicaid services received (state Medicaid programs pay managed care insurers a certain amount per enrollee; some enrollees use medical services amounting to far less than this amount, while others use far more).
Maryland will delay its estate recovery for enrollees who are survived by their spouse or a child who is under 21 or disabled. Estate recovery would occur once the spouse died, or the child turned 21 or was no longer considered disabled.