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
Income limits: The income limit is $2,742 a month if single and $5,484 a month if married (and both spouses are applying). When only one spouse needs nursing home care, many states only count that spouse’s income toward the eligibility limit.
This income limit doesn’t mean nursing home enrollees can keep all of their income up to the limit. Instead, enrollees must pay nearly all their income toward their care, other than a small personal needs allowance (of $50 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 one spouse doesn’t need 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.
Applicants are not allowed to have more than $1,033,000 in home equity.
Home and Community Based Services (HCBS) waivers
Every state’s Medicaid program covers some long-term care services that are provided at an enrollee’s home, adult day care center, or assisted living facility. These are called Home and Community-Based Services (HCBS) because recipients continue living in the community, rather than entering a nursing home.
Income limits: The income limit is $2,742 a month if single and $5,484 a month if married (and both spouses are applying).
When only one spouse needs nursing home care, many states only count that spouse’s income toward the eligibility limit.
Asset limits: The asset limit is $2,000 if single and $3,000 if married (and both spouses are applying). If one spouse doesn’t need Medicaid, the other spouse can keep up to $148,620.
Qualifying for Medicaid LTSS with income above the eligibility limit in New Jersey 
In New Jersey, the Medicaid spend-down does not cover nursing home care or HCBS. However, applicants with incomes above the eligibility limit for LTSS can qualify for those services by depositing income into a Qualified Income Trust (QIT), which is also called a “Miller Trust.” Income deposited in the Miller Trust is not counted against an applicant when determining their eligibility for Medicaid long-term care benefits.
Even though it has been placed in the Miller Trust, nursing home enrollees still have to pay almost all of this income toward their care. But HCBS enrollees are allowed to keep up a personal needs allowance to pay for living expenses.
Spousal impoverishment rules in New Jersey
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. These rules only apply when one spouse receives Medicaid long-term care benefits, and the other spouse doesn’t have Medicaid.
In New Jersey in 2022, these spousal impoverishment rules allowed community spouses to keep:
Medicaid home equity limit in New Jersey
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.
New Jersey uses the maximum home equity limit – meaning applicants for nursing home care or HCBS can’t have more than $1,033,000 in home equity.
Penalties for transferring assets in New Jersey
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 also have a penalty period for HCBS. Medicaid will not pay for LTSS during this period.
New Jersey has chosen to have an asset transfer penalty for nursing home care and HCBS. This penalty is based on a 60-month lookback period during which asset transfers and gifts are not allowed. The penalty period’s length is calculated by dividing the amount of money transferred or given away by the cost of nursing home care (which is about $374.39 per day in 2023).
Estate recovery in New Jersey
Medicaid is required to recover what it paid for long-term care related costs for enrollees beginning at the age of 55. States can choose to also pursue estate recovery for costs that are unrelated to LTSS (and for enrollees who did not receive LTSS).
New Jersey has chosen to recover the cost of all Medicaid benefits received beginning at the age of 55. New Jersey also recovers from the estates of Medicaid expansion enrollees.
When Medicaid coverage was administered by an insurer, the state will attempt to recover what it paid the insurer. That means the estate recovery amount could differ from the actual cost of Medicaid services received.
New Jersey will delay estate recovery if an enrollee is survived by a spouse or child who is under 21 or disabled. Estate recovery would occur once the spouse dies, or the child turns 21 – or is no longer considered disabled.
The state may also grant a hardship exemption and not pursue estate recovery under certain circumstances.
In New Jersey, the Medicaid estate recovery program recovers both assets subject to probate and assets that pass outside of the probate process. This means the state will attempt to recover from assets held in joint tenancy, life estates and living trusts.