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


  • Community spouses may keep any income in their own name, and the state allows the institutionalized spouse's income to supplement the community spouse's income up to the federal maximum permitted, which is $2267 per month.4

  • The spouse of a nursing home resident may keep the greater of $25,601 or one-half of the couple's assets, up to a maximum of $90,660. All assets over this maximum must be spent on nursing home care before Medicaid will begin to pay.

"4. If the community or institutionalized spouse establishes that the community spouse needs income greater than the monthly maintenance needs allowance determined in this paragraph due to exceptional circumstances resulting in significant financial duress, the monthly maintenance needs allowance may be increased to an amount that provides needed additional income." (Minnesota Statutes 2003, Chapter 256B.058: Treatment of income of institutionalized spouse.)

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