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).
This income limit does not mean nursing home enrollees can keep all their income up to this limit. Instead, enrollees must pay nearly their entire income toward their care, other than a small personal needs allowance (of $50/month) and money for health insurance and Medicare premiums.
When only one spouse needs Medicaid, the income limit for single applicants is used – and usually only income from the applying spouse is counted.
Assets limits: The asset limit is $4,000 if single and $8,000 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. Applicants are also not allowed to have more than $688,000 in home equity.
Home and Community Based Waiver (HCBS) services
Every state’s Medicaid program covers some community-based long-term care services, which are provided in an enrollee’s home, adult day care center, assisted living facility, or another “community” setting. Medicaid programs that pay for this care are called Home and Community-Based Services (HCBS) waivers. These programs vary from state to state in terms of services and intensity of care offered, and may have waiting lists.
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 Medicaid, the income limit for single applicants is used – and only income from the applying spouse is counted.
Assets limits: The asset limit is $4,000 if single and $8,000 if married (and both spouses need care). 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 Rhode Island
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. With other Medicaid benefits, the income of both spouses is counted – regardless of who applies.
Spousal impoverishment rules allow spouses of Medicaid LTSS recipients (i.e. the non-applying spouse) 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 2023, these community spouses are allowed to keep:
Medicaid home equity limit in Rhode Island
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.
Rhode Island has chosen to use the most restrictive limit on home equity – meaning applicants with more than $688,000 in home equity are not eligible for LTSS programs.
Penalties for transferring assets in Rhode Island
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 for Medicaid nursing home applicants who give away or transfer assets for less than their value. States can also have a penalty period for community-based LTSS. Medicaid will not pay for LTSS during this period.
Rhode Island has chosen to have an asset transfer penalty for both nursing home care and HCBS. This penalty is based on a 60-month lookback period during which time asset transfers and gifts are not allowed. The penalty is calculated by dividing the value of asset transfers and gifts by the monthly cost of nursing home care (which is $9,961 in Rhode Island in 2023).
Estate recovery in Rhode Island
A state’s Medicaid agency is required to recover what it paid for LTSS and related medical costs received beginning at age 55. States can choose to also pursue estate recovery for costs that are unrelated to LTSS.
Rhode Island has chosen only to recover from the estates of enrollees in this age range who receive LTSS.
When Medicaid coverage was administered by a Managed Care Organization (MCO) (i.e., a private insurer with whom the state has contracted to administer Medicaid benefits), the state will attempt to recover what it paid the insurer. That means the estate recovery amount could be more (or less) than the actual cost of Medicaid services received.
Rhode Island may grant an exemption to estate recovery if recovering from an estate would cause hardship to a person inheriting from it.