The Hyde Law Firm helps Texas families qualify for Medicaid to cover the cost of skilled nursing facility care. Our practice focuses exclusively on nursing home Medicaid — we do not handle Medicaid applications for individuals who remain in the community.
Understanding How Nursing Home Medicaid Works
Over the last 40 years, Medicaid has become the most common source of funding for long-term care. It is crucial for families to understand the requirements for Medicaid assistance. The Hyde Law Firm strives to educate clients and prepare applications to satisfy all eligibility roadblocks that a family may face while planning for a loved one’s care.
Nursing Home Medicaid Planning Services
The Medicaid handbook and federal law offer opportunities to legally preserve a person’s assets. A careful assessment of the financial situation reveals which eligibility requirement poses a problem for a successful application and offers solutions to each obstacle. Like most situations in life, being prepared and informed will make all the difference.
Spousal Protection
Federal rules provide special allowances for the spouse of a nursing home Medicaid applicant. These allowances are specifically intended to prevent the spouse from becoming impoverished when their husband or wife needs long-term care. The community spouse may be eligible to keep a portion of the applicant’s income. Additionally, there are protections that enable the community spouse to retain assets. Finally, there is no penalty imposed for transfers of assets between spouses.
Requirements for Nursing Home Medicaid Eligibility
To qualify for long-term care Medicaid in Texas, an applicant must meet each of the following requirements:
- The applicant must be either 65 years old or older, blind, or disabled.
- The applicant must be a resident of Texas and a United States citizen or a qualified resident alien.
- The applicant must have medical necessity to be in a nursing facility.
- The applicant must be in the nursing home for at least 30 days.
- The applicant cannot have more than $2,982 total gross monthly income.
- The individual applicant cannot have more than $2,000 in assets. If the applicant does have more than $2,000 in assets, we will show your family how to protect as much of the money as possible.
You Have Questions. We Have Answers.
FACT: Medicaid rules do not mandate the disposal of assets. While proper spend down can be a part of good planning, an applicant may also (1) transfer assets and accept a penalty or (2) buy exempt assets.
FACT: Medicaid policy requires disclosure of assets transferred within 5 years from the date of application. However, the period of the penalty for the transfer varies based on the total value of the transfer.
FACT: Medicaid will not sell your home and take the proceeds. The Medicaid Estate Recovery Program (MERP) enables the State to seek recovery of monies paid on behalf of the recipient. However, there are various exemptions to MERP.