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


The spouses of waiver clients have the same spousal impoverishment protections as the spouses of nursing home residents, but only if the waiver client is 65 or older.10

  • Community spouses may keep any income in their own name, and the state allows the waiver client's income to supplement the community spouse's income up to the federal maximum permitted, which is $2,267 per month.

  • The community spouse of an Elderly Waiver client 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 before Medicaid will begin to pay for services.

10, CRS Report for Congress, Medicaid: Eligibility for the Aged and Disabled, updated July 5, 2002.

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