The Centers for Medicare & Medicaid Services (CMS) has released the 2013 federal guidelines for how much money the spouses of institutionalized Medicaid recipients may keep and the limit on how much a home can be worth for its owner to still qualify for Medicaid.
In 2013, the spouse of a Medicaid recipient living in a nursing home (called the “community spouse”) may keep as much as $115,920 without jeopardizing the Medicaid eligibility of the spouse who is receiving long-term care. Called the “community spouse resource allowance,” this is the most that a state may allow a community spouse to retain without a hearing or a court order. While some states set a lower maximum, the least that a state may allow a community spouse to retain in 2013 will be $23,184.
Meanwhile, the maximum monthly maintenance needs allowance for 2013 will be $2,898. This is the most in monthly income that a community spouse is allowed to have if her own income is not enough to live on and she must take some or all of the institutionalized spouse’s income. The minimum monthly maintenance needs allowance – the income level below which a state may not allow a community spouse to fall if income from the institutionalized spouse is available — is $1,891.25 in the lower 48 states ($2,365 for Alaska and $2,176.25 for Hawaii). This figure took effect July 1, 2012, and will not rise until July 1, 2013.
In determining how much income a particular community spouse is allowed to retain, states must abide by this upper and lower range. Bear in mind that these figures apply only if the community spouse needs to take income from the institutionalized spouse. According to Medicaid law, the community spouse may keep all her own income, even if it exceeds the maximum monthly maintenance needs allowance.
Home Equity Limits
Medicaid will not cover long-term care services for applicants whose homes are valued above a certain limit. For 2013, that limit is $536,000, although states have the option of increasing this equity limit to $802,000. But the house may be kept with no equity limit if the Medicaid applicant’s spouse or another dependent relative lives there.
These new figures (except for the minimum monthly maintenance needs allowance) take effect on January 1, 2013.
To discuss elder law issues with an attorney, please call the Elder Law Center at 630-844-0065 or contact us via email. The Elder Law Center is located in Aurora, IL, Kane County, in the Chicago Western Suburbs.