With Americans living longer, more and more people need long-term care services. While Medicare generally does not cover long-term care, Medicaid may fill in the gaps. However, complex eligibility rules can make qualifying for benefits difficult. What’s more – eligibility rules vary significantly from state to state.
Applicants seeking long-term care coverage must undergo a needs assessment.
Medicaid nursing home coverage
Today, many seniors receive long-term care in their homes. But some seniors have medical or living situations that make nursing home care a better choice.
Income limits: 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 Medicaid, the income limit for single applicants is used and usually only the applying spouse’s income is counted.
Despite being allowed up to $2,742 a month in income (if single), nursing home enrollees can’t keep all of this money. Once they enter a nursing home, enrollees must pay all but a small portion of their income toward their care. They are allowed to keep a small personal needs allowance and money to pay for health insurance premiums (such as Medicare Part B and Medigap). In Louisiana, this allowance is $38.
Assets 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.
These asset limits don’t count the value of many household effects, family heirlooms, certain prepaid burial arrangements, or a car.
Home and Community Based Services (HCBS) waivers
Medicaid also pays for community-based long-term care services for applicants who need support, but can demonstrate that they can still live safely at home or in an assisted living facility. Programs that cover this care are called Home and Community Based Services (HCBS) waivers.
Income limits: 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 Medicaid, the income limit for single applicants is used; generally only the applying spouse’s income is considered.
HCBS recipients in Louisiana can keep a personal needs allowance equal to the program’s income limit (of $2,742). This can be used to pay for health and living expenses.
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.
Spousal impoverishment protections in Louisiana
Spousal impoverishment rules allow the spouse of a Medicaid LTSS recipient to keep certain income and assets if they don’t receive Medicaid themselves.
In Louisiana in 2022, these spousal impoverishment rules allowed these “community spouses” to keep:
Permitted home equity in Louisiana
Federal law requires states to establish a limit for the home equity interest an applicant can have and still qualify for Medicaid nursing home or HCBS coverage.States set this home equity limit by choosing between a federal minimum of $688,000 and maximum of $1,033,000 in 2023.
Louisiana requires that enrollees for Medicaid LTSS have no more than $688,000 in home equity.
Penalties for transferring assets in Louisiana
The high cost of long-term care causes some individuals to consider giving away or transferring assets to others to become eligible for Medicaid LTSS benefits. To discourage asset transfers, federal law requires states to have a penalty period for Medicaid nursing home applicants who give away or transfer assets for less than their value. States can choose to also have an asset transfer penalty for HCBS.
Louisiana has chosen to have an asset transfer penalty for nursing home care and HCBS. This penalty is based on a 60-month lookback period. The penalty is calculated by dividing the amount of money transferred or given away by the monthly cost of care in a nursing home (and this amount is $5,000).
Medicaid does not pay for long-term care during this penalty period.
Estate recovery in Louisiana
State Medicaid agencies must try to recoup what they paid for long-term care related costs while a beneficiary was 55 or older. States can also choose to recover the costs for all other Medicaid benefits for those enrollees. This is called estate recovery.
As of 2015, Louisiana had chosen to only pursue estate recovery for enrollees who receive LTSS beginning at the age of 55.
The state will not pursue estate recovery if at least one of an enrollee’s heirs has an income below 300% of the federal poverty level.
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 that MCO. This amount could be different from the actual cost of the Medicaid services received.