Bowie, MD 20715
Phone: (301) 464 7448
Fax: (301) 805 5178
ElderLaw
- What is ElderLaw?
- Estate Planning
- Medicaid Planning
- Medicaid Applications
- Special Needs Trusts
- Senior Moments
- Jackie's Columns
- Speaking Engagements
- Jackie's Workshop Schedule
Medicaid Applications
The key to Medicaid eligibility is in successful completion of the lengthy and complicated application required.
Generally, if you are a U.S. citizen and at least 65 years of age or disabled, eligibility for Medicaid is based on two criteria, medical and financial. Financial eligibility depends on income, resources and asset transfers.
Income eligibility requires that the applicant’s available income after allowable deductions is less than the cost of care at a nursing home. Successful applicants must pay all of their income minus certain deductions to the nursing home after they’ve qualified for Medicaid.
Resource eligibility requires that the applicant may have no more than the state’s resource allowance for an individual as of the date of application. If the nursing home resident is married, the countable assets of both the well spouse and the institutionalized spouse are counted. It doesn’t matter in which spouse’s name the assets are titled. The community spouse may keep up to one half of the couple’s total assets subject to minimum and maximum amounts.
Asset transfers are considered when determining financial eligibility because of the penalty assessed when assets are transferred or given away for less than their fair market value. Penalties in this area are not monetary, but periods of time during which the person who transferred the asset will be ineligible for Medicaid.
The "medically needy" criteria are being reviewed ever more closely by states as they deal with tight budgets. Medical eligibility requires that the applicant must need, at a minimum, health-related services above the level of room and board that can be made available only through institutional facilities. If it is determined that the applicant needs less than skilled nursing facility care, under the supervision of a licensed medical professional then Medicaid will be denied.
Byrd & Byrd, LLC provides clients with personalized and efficient ways to compile the voluminous documentation required for submittal during the Medicaid application process. The firm has successfully completed Medicaid applications for numerous clients and always uses painstaking measures to assure their accuracy and legal compliance.
