Medicare beneficiaries increasingly rely on long-term services and supports (LTSS) – or long-term care – which is mostly not covered by Medicare. In fact, 20 percent of Medicare beneficiaries who lived at home received some assistance with LTSS in 2015. Medicaid fills this gap in Medicare coverage for long-term care, but 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: There is no income limit for Medicaid nursing home benefits in Hawaii.
However, this doesn’t mean nursing home enrollees can keep most of this income. Instead, they pay all but a small portion of it to their nursing home (although they can keep a small personal needs allowance of $50 each month and money to pay for health insurance premiums, such as Medicare Part B and Medigap).
Assets limits: The asset limit is $2,000 if single and $3,000 if married (and both spouses are applying). If only one spouse has Medicaid, the other spouse can keep up to $128,640.
Certain assets are never counted, including many household effects, family heirlooms, certain prepaid burial arrangements, and one car.
Home and Community Based Services (HCBS) waivers
Each state’s Medicaid program offers community-based long-term care services, which are provided in an enrollee’s home, adult day care center or an assisted living facility. Programs covering these services are known as Home and Community Based Services (HCBS) waivers because recipients continue living in the community, rather than entering a nursing home.
Income limits: The income limit is $1,224 a month. Even if an applicant is married, only income received by the applying spouse is counted.
Asset limits: The asset limit is $2,000 if single and $4,000 if married (and both spouses are applying). If only one spouse has Medicaid, the other spouse can keep up to $128,640.
Spousal impoverishment protections in Hawaii
Eligibility rules for Medicaid LTSS programs are different than other Medicaid benefits when only one spouse needs long-term care. When that occurs, only income received by the applying spouse is counted. With other Medicaid benefits, the income of both spouses is counted regardless of who applies.
Federal spousal impoverishment rules allow the spouses of Medicaid LTSS recipients to keep a Minimum Monthly Maintenance Needs Allowance (MMMNA) from their Medicaid spouse’s monthly income, along with resource and housing allowances. These rules apply when one spouse receives Medicaid coverage for LTSS, and the other spouse doesn’t have Medicaid.
In Hawaii in 2020, these “community spouses” are allowed to keep:
Permitted home value in Hawaii
Federal law requires states to limit the home equity that Medicaid nursing home and HCBS applicants can have. In 2020, states set these home equity limits based on a federal minimum of $595,000 and a maximum of $893,000.
In Hawaii, applicants for Medicaid LTSS can’t have more than $893,000 in home equity.
Penalties for transferring assets in Hawaii
Because long-term care is expensive, individuals can have an incentive to give away or transfer assets to others so they can become eligible for Medicaid LTSS benefits. To curb this incentive, federal law requires states to have a penalty period for Medicaid LTSS applicants who give away or transfer assets for less than their value. States can also have a penalty period for HCBS. Applicants are not eligible for Medicaid long-term care benefits during their penalty period.
Hawaii has chosen to have an asset transfer penalty for nursing home care and HCBS. This penalty is based on a 5-year lookback period when asset transfers and gifts are prohibited. The penalty’s length is calculated by dividing the amount of money given away or transferred during the lookback period by the average cost for nursing home care (and this is $8,850 a month in Hawaii in 2020).
Estate recovery in Hawaii
A state’s Medicaid agency is required to attempt to recover the cost of long-term care and related medical services received beginning at age 55. States can choose to also recover Medicaid benefits that are unrelated to LTSS. This is called estate recovery.
Hawaii has chosen to only pursue estate recovery from enrollees who received LTSS beginning at age 55. But the state also recovers from a small number of younger enrollees who were permanently institutionalized.
In Hawaii, estate recovery is waived for enrollees who are survived by their spouse, or by a child who is under 21, blind, or disabled.
Congress exempted Medicare premiums and cost sharing from Medicaid estate recovery starting with benefits paid after December 31, 2009, but states can recover the cost of MSP benefits received until that date. In Hawaii, this could only occur if an enrollee received LTSS.