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.
Applicants who are seeking Medicaid long-term care benefits have to undergo a level of care assessment.
Medicaid nursing home coverage in Washington
Income limits: The income limit is $2,742 a month if single and $5,484 a month if married. If only one spouse needs nursing home care, the single applicant income limit is used – and usually only the applying spouse’s income is counted.
Although the income limit is $2,742 a month (for single applicants), nursing home enrollees are not allowed to keep all of their income up to this limit. Once they enter a nursing home, enrollees can only keep $75.36 each month as a personal needs allowance – along with money to pay for health insurance premiums.
Assets limits: The asset limit is $2,000 if single and $3,000 if married (and both spouses are receiving nursing home care). If only one spouse needs nursing home care, the other spouse can keep up to $148,620.
Certain assets are never counted, including many household effects, family heirlooms, some prepaid burial arrangements, and one car.
Home and Community Based Services (HCBS) waivers
Every state’s Medicaid program covers community-based LTSS services. These are called Home and Community-Based Services (HCBS) because recipients don’t have to enter a nursing home to receive them. In Washington, HCBS recipients must need help with at least two activities of daily living (ADLs).
Income eligibility: The income limit is $2,742 a month if single and $5,484 a month if married (and both spouses are applying). If only one spouse needs HCBS, the income limit for single applicants is used – and usually only the applying spouse’s income is counted.
However, HCBS enrollees are not allowed to keep all of their income up to this limit in Washington. These enrollees are allowed to keep a personal needs allowance, and then all remaining income must be paid toward their care.
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 HCBS, the other spouse can keep up to $148,620.
Spousal impoverishment rules in Washington
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 the spouses of Medicaid LTSS recipients to keep a Minimum Monthly Maintenance Needs Allowance (MMMNA) from their Medicaid spouse’s income.
In Washington in 2022, these spousal impoverishment rules allowed these ‘community spouses’ to keep:
Medicaid home equity limit in Washington
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 this home equity limit by choosing between a federal minimum of $688,000 and maximum of $1,033,000 in 2023.
In Washington, recipients of Medicaid nursing home care or HCBS can’t have more than $1,033,000 in home equity.
Penalties for transferring assets in Washington
Because long-term care is expensive, some individuals have an incentive to give away or transfer assets to make themselves eligible for Medicaid nursing home care or HCBS. 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 HCBS.
Washington has an asset transfer penalty for nursing home care and HCBS. This penalty can last up to 5 years – and is based on asset transfers and gifts made during a 5-year lookback period prior to filing a Medicaid application.
This penalty’s length is calculated by dividing the value of what was transferred or given away by the average monthly cost of nursing home care (which is $11,076 in Washington in 2023).
In Washington, asset transfers and gifts do not disqualify enrollees from receiving certain Medicaid services, including Program for All-Inclusive Care for the Elderly (PACE), Medicaid Personal Care or the Community First Choice (CFC) program. The asset transfer penalty also does not apply to individuals receiving hospice care.
Here is more information about Medicaid asset transfer penalties in Washington.
Estate recovery in Washington
Medicaid is required to recover its payments for long-term care and related medical expenses starting at the age of 55. States can choose to also recover from enrollees in that age range who didn’t receive long-term care.
Washington State has chosen to pursue estate recovery only for enrollees who received long-term care/custodial care servcies. This means the state will not attempt to recover from the estates of Medicaid expansion enrollees (as long as they didn’t receive LTSS).
Certain assets owned by Alaska Natives and American Indians are exempt from estate recovery.
Estate recovery will be delayed for enrollees who are survived by their spouse or a child who is under 21, blind or disabled. The state would pursue estate recovery once the spouse passes away – or the child turns 21 or is no longer considered disabled.