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
Many Americans used to receive long-term care in nursing homes. Today, many people prefer to receive LTSS in their homes. But some enrollees have medical conditions or living situations that make nursing home care a better choice.
Income limits: The income limit is $2,742 a month for each spouse applying. When only one spouse needs Medicaid, only the applicant’s income is counted.
Despite this income limit, nursing home enrollees can keep just $40 each month as a personal needs allowance as well as money to pay for health insurance premiums (such as Medicare Part B and Medigap).
Asset limits: The asset limit is $2,000 for one applicant, and $3,000 for a couple. Assets such as a car, many household furnishings, family heirlooms, and some prepaid burial arrangements don’t count toward the asset limit.
If only one spouse needs Medicaid, spousal impoverishment rules allow the other spouse to keep up to $148,620.
In Arkansas, applicants also can’t have more than $688,000 in home equity.
Home and Community Based Waiver (HCBS) services
Home and Community Based Services (HCBS) waivers are Medicaid programs that cover LTSS for beneficiaries who can live in the community. These services can allow enrollees to avoid entering a nursing home.
Income eligibility: The income limit is $2,742 a month for each spouse applying.
When only one spouse applies for HCBS, the income limit for single applicants is used – and only the applicant’s income is counted.
Asset limits: The asset limit is $2,000 for one applicant, and $3,000 for a couple. If only one spouse needs Medicaid, spousal impoverishment rules allow the other spouse to keep up to $148,620.
The ARChoices in Homecare program is one of Arkansas’ HCBS waivers for seniors and individuals with disabilities. This program offers many services including attendant care, home-delivered meals, adult day services, facility-based respite care, in-home respite care, and environmental modifications (for home safety). In Arkansas, HCBS enrollees must need a nursing home level of care.
HCBS recipients are not allowed to have more than $688,000 in home equity.
Spousal impoverishment protections in Arkansas
Eligibility rules for Medicaid LTSS programs differ from other Medicaid benefits. When only one spouse is applying, only the applying spouse’s income is counted. This is a different approach than used for other Medicaid benefits, which considers the income of both spouses regardless of who is applying.
Spousal impoverishment rules allow the non-applying or “community spouse” to keep a Minimum Monthly Maintenance Needs Allowance (MMMNA) from their Medicaid-eligible spouse’s monthly income.
In Arkansas in 2022, these spousal impoverishment rules allow community spouses to keep:
Qualifying for Medicaid LTSS with income above the eligibility limit in Arkansas
Arkansas does not allow applicants to use the Medicaid spend-down to qualify for LTSS benefits. But applicants with incomes above the Medicaid eligibility limit can qualify for nursing home care and HCBS by depositing income into a Qualified Income Trust, which is also called a “Miller Trust.”
Applicants can use a Miller Trust to become eligible for Medicaid LTSS coverage – but not for regular Medicaid ABD.
Permitted home value in Arkansas
States must limit the amount of home equity recipients of Medicaid nursing home benefits or HCBS can have. States set these home equity levels based on a federal minimum of $688,000 and maximum of $1,033,000 in 2023.
Arkansas uses the federal minimum home equity limit – meaning that applicants with more than $688,000 in home equity are not eligible for LTSS programs.
Penalties for transferring assets in Arkansas
Because long-term care is expensive, Medicare beneficiaries may consider giving away or transferring assets so they can qualify for Medicaid long-term care benefits. To discourage this from happening, federal law requires states to have an asset transfer penalty for applicants seeking nursing home care who give away or transfer assets for less than their value. States can also apply a penalty for HCBS. Medicaid will not pay for LTSS during the penalty period.
Arkansas has chosen to have an asset transfer penalty for nursing home benefits and HCBS. This penalty is based on a 60-month lookback period prior to applying for or receiving LTSS benefits when asset transfers and gifts are prohibited.
The length of the penalty period is calculated by dividing the amount transferred or given away by the average cost of nursing home care in Arkansas (which is $7,151 in 2023).
Estate recovery in Arkansas
All state Medicaid programs are required to recover the cost of long-term care and associated medical expenses Medicaid covered while an enrollee was 55 or older. States can choose to also recover the cost of other Medicaid benefits. This is called estate recovery.
Arkansas chooses to recover Medicaid costs only from estates of enrollees who received LTSS beginning at age 55. However, if the state does pursue estate recovery, it may attempt to recover payments for all Medicaid benefits while an enrollee received LTSS.
The state also tries to recover funds from the estates of beneficiaries who were under 55 if they were permanently institutionalized.
When 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 the MCO. That means the estate recovery amount could differ from the actual cost of Medicaid services received.
Arkansas will not pursue estate recovery when a Medicaid beneficiary has a surviving spouse or a child who is under 21 or disabled. The state also will not attempt estate recovery if it would not be cost-effective (e.g. if the recoverable amount is very small).