Using Medicaid to Cover Services for Elderly Persons in Residential Care Settings: State Policy Maker and Stakeholder Views in Six States. Spousal Protections


  • Waiver clients have the same spousal impoverishment protections as nursing home residents. Spouses of waiver clients may keep any income in their own name. The minimum monthly protected income for the spouse of a waiver client, including residents of residential care facilities, is $1,935, and the maximum amount is $2,267, as allowable under federal law.

  • The spouse of a waiver recipient may keep the larger of $50,000 or one-half of the couple's assets, up to a maximum of $90, 660. All assets over this maximum must be spent before Medicaid will begin to pay.4

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