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 seeking Medicaid long-term care benefits must undergo a level of care assessment.
Medicaid nursing home coverage
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.
However, this income limit doesn’t mean nursing home enrollees can keep all of their income. Enrollees must pay nearly all their income each month to their nursing home, other than a small personal needs allowance (of $60 a 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 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 Michigan, applicants for Medicaid nursing home benefits can’t have more than $688,000 in home equity.
Home and Community Based Services (HCBS) waivers
Every state’s Medicaid program covers community-based LTSS services. Programs that pay for these services are called Home and Community Based Services (HCBS) waivers because recipients continue living in the community. Applicants must show that they can live safely in their home to qualify for HCBS.
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.
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.
HCBS enrollees can’t have more than $688,000 in home equity.
Spousal impoverishment protections in Michigan
Eligibility rules for Medicaid LTSS programs differ from other Medicaid benefits when only one spouse is applying. In this situation, only the applying spouse’s income is counted. For many other Medicaid benefits, the income of both spouses is counted – regardless of who is applying.
If only one spouse is receiving Medicaid coverage for nursing home care or HCBS, spousal impoverishment rules allow the non-applying (or “community spouse”) to keep a Minimum Monthly Maintenance Needs Allowance (MMMNA) from their Medicaid spouse’s income.
Michigan 2022 spousal impoverishment rules allowed community spouses to keep:
Medicaid home equity limit in Michigan
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.
Michigan has chosen to use the most restrictive limit on home equity, which means applicants for nursing home care or HCBS can’t have more than $688,000 in home equity.
Penalties for transferring assets in Michigan
Because long-term care is expensive, individuals can have an incentive to give away or transfer assets to make themselves eligible for Medicaid LTSS. To curb these asset transfers, federal law requires states to have a penalty period when applicants seeking Medicaid nursing home coverage give away or transfer assets for less than their value. States can choose to also have a penalty period for HCBS. Medicaid will not pay for LTSS during this period.
Michigan has chosen to have an asset transfer penalty for both nursing home care and HCBS. This penalty period is based on the value of asset transfers or gifts made during a 60 month lookback period prior to applying for Medicaid. The length of the penalty period is determined by dividing the amount of money transferred or given away by the monthly cost of nursing home care (which is $9,939 in Michigan in 2023).
Estate recovery in Michigan
State Medicaid agencies are required to attempt to recover long-term care related costs paid for enrollees who were 55 or older. States can choose to also recover their payments for other Medicaid benefits (including coverage that is unrelated to LTSS).
Michigan has chosen to only recover from the estates of enrollees who received Medicaid LTSS beginning at the age of 55.
When Medicaid coverage was administered by a Managed Care Organization (MCO), the state will attempt to recover what it paid that MCO. That means the estate recovery amount could be more (or less) than the actual cost of Medicaid services received.
Michigan will delay its estate recovery if a beneficiary is survived by their spouse or by a child who is under 21 or disabled. When this occurs, estate recovery would take place once the spouse dies (or the child turns 21 or is no longer considered disabled).
Estate recovery can also be waived altogether when an estate would be the primary source of income for the person inheriting it. To be eligible for this waiver, the person inheriting the estate would need to have a household income below two times the federal poverty level and less than $10,000 in assets.
In Michigan, estate recovery is limited to an enrollee’s “probate estate” – or the portion of the estate subject to a person’s will. This means that life estates, certain trusts, and retirement or bank accounts with “transfer-on-death” provisions will not be recovered.