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: There is no income limit for this coverage in North Dakota. However, nursing home enrollees must pay nearly all their income toward their care, other than a small personal needs allowance (of $65 a month if single) and money to pay for health insurance premiums (such as Medicare Part B and Medigap).
When only one spouse needs nursing home care, only the applying spouse’s income is considered (when determining the amount that must be paid toward care).
Assets limits: The asset limit is $3,000 if single and $6,000 if married (and both spouses are applying). If only one spouse has 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. Medicaid nursing home recipients 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 long-term care, which is provided in an enrollee’s home, adult day care center, assisted living facility, or another location in the community. In North Dakota, HCBS recipients must require a nursing home level of care.
Income limits: The income limit is $940 a month if single and $1,267 a month if married.
If only one spouse needs HCBS, the income limit for single applicants is used – and usually only the applying spouse’s income is counted toward the eligibility limit.
Assets limits: The asset limit is $3,000 if single and $6,000 if married (and both spouses are applying). If only one spouse has Medicaid, the other spouse can keep up to $148,620. HCBS recipients can’t have more than $688,000 in home equity.
Spousal impoverishment protections in North Dakota
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, along with a resource allowance. These rules apply when one spouse receives Medicaid coverage for LTSS, and the other spouse doesn’t have Medicaid.
In North Dakota in 2022, these spousal impoverishment rules allowed these “community spouses” to keep:
Medicaid home equity limit in North Dakota
Applicants for Medicaid nursing home and HCBS benefits are not eligible if they have significant home equity. States set these home equity levels based on a federal minimum of $688,000 and maximum of $1,033,000 in 2023.
North Dakota uses the federal minimum home equity limit – meaning applicants with more than $688,000 in home equity are not eligible for LTSS programs.
Penalties for transferring assets in North Dakota
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 institute a penalty period for Medicaid nursing home applicants who give away or transfer assets for less than their value. States also had the option of using a penalty period for HCBS.
North Dakota has an asset transfer penalty for both nursing home care and HCBS, which is based on a 60-month lookback period when asset transfers and gifts are not allowed. The penalty’s length is calculated by dividing the amount transferred or given away by the monthly cost of nursing home care (about $11,153.18 in North Dakota in 2023).
Estate recovery in North Dakota
A state’s Medicaid agency is required to recover what it paid for long-term care related costs while an enrollee was 55 or older. States can choose to also pursue estate recovery for all other Medicaid benefits, and for enrollees who did not receive long-term care.
North Dakota has chosen to recover the cost of all Medicaid benefits after an enrollee’s death.
But North Dakota does not use estate recovery when the person was enrolled in a regular Medicaid managed care plan (i.e., Medicaid coverage provided by a private health insurance carrier). Since Medicaid expansion in North Dakota is provided by private health insurance carriers, Medicaid expansion enrollees in the state are not subject to Medicaid estate recovery. Once a person turns 65 or becomes eligible for Medicare (if this happens before that age), they could no longer be eligible under the Medicaid expansion, and estate recovery could apply to them.
Some states offer Medicaid long-term care benefits through managed care plans. The cost of those benefits are recovered after an enrollee’s death.