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Equal Access To Justice
MEDICAID ELIGIBILITY FOR LONG-TERM CARE
(INCOME)
Previous editions of the Help From ELP bulletin addressed the way in which the Medicaid office evaluates a couple's assets for purposes of a Medicaid application. There are also rules about income.
The Medicaid office looks at each spouse's income. The community spouse is entitled to receive a minimum amount (currently $1,383), even if that means that some of the income from the institutionalized spouse must be assigned to the community spouse. This amount is called the "Monthly Maintenance Needs Allowance" ("MMNA"). The community spouse may receive up to $2,019 for the MMNA, if she is continuing to live in the family home and her living expenses exceed 30% of the MMNA.
The income cut-off for Medicaid eligibility is currently $1,270. If the institutionalized spouse has income over this amount that is not assigned to the community spouse, he may not be eligible for Medicaid. However, he should speak with an attorney regarding the creation of a "Miller Trust." A Miller Trust may allow a Medicaid applicant to reduce his income so as to meet the Medicaid income eligibility requirements. (Note: The Elder Law Program does not create Miller Trusts.)
The Elder Law Program is a service partially funded under the Older Americans Act through the Delaware Division of Services for Aging and Adults with Physical Disabilities.