PROTECTION FROM SPOUSAL IMPOVERISHMENT 

This amendment applies to couples when one spouse begins a continuous period of residence in a nursing home and subsequently applies for Medicaid. All non-exempt assets (savings and checking accounts, stocks, bonds, etc.) owned by either spouse, jointly or separately, are pooled as of the date of institutionalization.

The "community spouse" may keep $20,328 or half of the assets, whichever is greater, but not more than $101,640.  (The home and car do NOT count as assets.) The couple’s remaining assets are used to pay for nursing home care or other eligible expenses until the institutionalized spouse’s assets reach the Medicaid eligibility level of $2,500.

The "community spouse's" income will be evaluated to determine how much, if any, of the institutionalized spouse’s monthly income can be allowed for the community spouse’s monthly maintenance allowance. This maintenance allowance will supplement the community spouse’s own income up to $1,650/month. If shelter expenses alone exceed $495/month (30% of $1,650), an additional amount, equal to the excess, will be allowed. The maximum total allowance cannot exceed $2,489/month. The institutionalized spouse also is allotted an allowance of $64/month. A family allowance may be made if there is a dependent child, parent, brother or sister of either spouse residing with the community spouse, in the amount of 1/3 of the community spouse’s maintenance allowance less any income of the dependent individual, for each dependent family member. Local Departments of Social Services are responsible for evaluating a couple’s income and assets and determining eligibility.