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  1. Jan 4, 2024 · “Spousal Impoverishment Protection” refers to conditions in Medicaid law that change how we count income and assets in some cases. Learn more.

  2. These provisions include asset and income protections that were created to allow an institutionalized spouse to become eligible for Medicaid without depleting all of the couple’s financial resources. Under these rules, a community spouse may retain a share of the couple's marital assets.

  3. “Spousal impoverishment protection” refers to special financial provisions in Medicaid law. These provisions affect how we count income and assets for certain married couples enrolled in a long-term care program.

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    • What Are Spousal Impoverishment Rules & Why They Exist?
    • When & For Whom Are Spousal Protections Relevant?
    • Detailed Description of Spousal Impoverishment Rules
    • 2024 Numbers

    Spousal Impoverishment Rules are federal Medicaid regulations that are intended to prevent non-applicant spouses from becoming poverty-stricken in order for their applicant spouses to qualify for long-term careMedicaid. Prior to the establishment of “Spousal Impoverishment Protection” in 1988, non-applicant spouses of nursing home Medicaid recipien...

    While the original implementation of Spousal Impoverishment Rules were strictly for non-applicant spouses of Nursing Home Medicaid applicants, in January of 2014, Section 2404 of the Affordable Care Act extended these rules to married couples with one spouse applying for a Home and Community Based Services (HCBS) Medicaid Waiver. Originally set to ...

    There are two parts to Medicaid protections for the healthy spouse. This includes an income allowance and a resource allowance. We have also included a third section specific to how a home is treated. When only one spouse applies for Nursing Home Medicaid or a HCBS Medicaid Waiver, only the income of the applicant spouse is counted towards Medicaid...

    The figures below are federally set. While most states use these figures, some states use different figures, or one standard figure, which falls between the federally set guidelines. See state-specific information. Minimum Monthly Maintenance Needs Allowance (Effective Jul. 1, 2024 – Jun. 30, 2025) $2,555 for all states, but Alaska and Hawaii $3,19...

  4. Spousal impoverishment protection affects legally married couples when one spouse is enrolled in Institutional Medicaid or a community-based waiver program and the other spouse is not residing in a nursing home or medical care facility for 30 days or more.

  5. Aug 22, 2024 · Spousal impoverishment is a Medicaid policy that allows persons to retain assets and income that are above the regular Medicaid financial limits. Spousal impoverishment policy applies to institutionalized persons.

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  7. Spousal Impoverishment. The expense of nursing home care — which ranges from $5,000 to $8,000 a month or more — can rapidly deplete the lifetime savings of elderly couples.