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


  • The state's maximum monthly maintenance needs allowance for the spouse of a waiver client is the monthly SSI limit for an individual. The spouse's income is deducted from the SSI limit and the wavier recipient's income is diverted to make up the difference.

  • Resource protection is the same as for the spouses of institutionalized persons. The protected resource amount will be the greater of the following: the state minimum resource standard, which is $18,132; or one-half of the couple's combined countable resources not to exceed the maximum resource standard of $90,660; or the amount transferred to the community spouse under a court order. All assets over this maximum must be spent before Medicaid will begin to pay.

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