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

12/01/2003

  • Waiver clients do not have the same spousal impoverishment protections as nursing home residents. Spouses of waiver clients may keep any income in their own name, but the state does not allow the waiver client to provide a monthly needs allowance to a spouse with an income under $2267 per month (the maximum allowed under federal law.) The state protects one half of the couple's assets subject to a minimum of $18,132 and a maximum of $90,660. For example, if the couple's assets are $30,000, one half is $15,000, but the state will protect $18,132 for the spouse. If the couple's assets are $250,000, one half is $125,000, but the state will protect only $90,660 for the spouse.

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