The Centers for Medicare and Medicaid Services (CMS) has released its Spousal Impoverishment Standards for 2018.
The official spousal impoverishment allowances for 2018 are as follows:
Community Spouse Resource Allowance
The “community spouse resource allowance” is a protection provided under Medicaid law for the healthy spouse of an applicant for benefits (called the “community spouse”) to insure the healthy spouse has the minimum support needed to continue to live in the community while the ill spouse is receiving long-term care, usually in a nursing home.
In order to be eligible for Medicaid benefits, a nursing home resident may have no more than $2,000 in assets. However, the community spouse may keep one-half of the couple’s total “countable” assets to prevent the community spouse from becoming impoverished, subject to a minimum and maximum amount, called the “community spouse resource allowance.”
2018 Minimum Community Spouse Resource Allowance: $24,720
2018 Maximum Community Spouse Resource Allowance: $123,600
Monthly Maintenance Needs Allowance
The “monthly maintenance needs allowance” is another protection for the healthy spouse provided under Medicaid law. Although Medicaid law mandates that all of the income of the ill spouse receiving benefits be used to pay for care, in some situations most of the couple’s income is in the name of the institutionalized spouse and the community spouse’s income is not enough to live on. In such cases, the community spouse is entitled to some or all of the monthly income of the institutionalized spouse. How much? This figure, known as the monthly maintenance needs allowance, is calculated for each community spouse according to a complicated formula based on his or her housing costs. Under the regulations, there is a minimum monthly maintenance needs allowance, also called the MMMNA, and a maximum monthly maintenance needs allowance. If the community spouse’s own income falls below the MMMNA, the shortfall is made up from the nursing home spouse’s income.
Minimum Monthly Maintenance Needs Allowance (MMMNA) until July 1, 2018 for all States except Alaska and Hawaii: $2,030 ($2,536.25 for Alaska and $2,333.75 for Hawaii)
Maximum Monthly Maintenance Needs Allowance: $3,090
Home Equity Limits
In addition to the community spouse resource allowance, the community spouse is also permitted to retain “non-countable” assets. There are very few assets which are non-countable. One such non-countable asset is the applicant’s principal residence. Under the Deficit Reduction Act of 2005 (DRA), principal residences may be deemed non-countable only to the extent their equity is less than $552,000, with the states having the option of raising this limit to $828,000 (in 2016). In all states and under the DRA, the house may be kept with no equity limit if the Medicaid applicant’s spouse or another dependent relative lives there.
Minimum: $572,000
Maximum: $858,000
For CMS’s complete chart of the 2018 SSI and Spousal Impoverishment Standards, see below:
For additional information concerning New Jersey elder law, visit:
For additional information concerning Medicaid and public benefits planning, visit:
Categories
- Affordable Care Act
- Alzheimer's Disease
- Arbitration
- Attorney Ethics
- Attorneys Fees
- Beneficiary Designations
- Blog Roundup and Highlights
- Blogs and Blogging
- Care Facilities
- Caregivers
- Cemetery
- Collaborative Family Law
- Conservatorships
- Consumer Fraud
- Contempt
- Contracts
- Defamation
- Developmental Disabilities
- Discovery
- Discrimination Laws
- Doctrine of Probable Intent
- Domestic Violence
- Elder Abuse
- Elder Law
- Elective Share
- End-of-Life Decisions
- Estate Administration
- Estate Litigation
- Estate Planning
- Events
- Family Law
- Fiduciary
- Financial Exploitation of the Elderly
- Funeral
- Future of the Legal Profession
- Geriatric Care Managers
- Governmental or Public Benefit Programs
- Guardianship
- Health Issues
- Housing for the Elderly and Disabled
- In Remembrance
- Insolvent Estates
- Institutional Liens
- Insurance
- Interesting New Cases
- Intestacy
- Law Firm News
- Law Firm Videos
- Law Practice Management / Development
- Lawyers and Lawyering
- Legal Capacity or Competancy
- Legal Malpractice
- Legal Rights of the Disabled
- Liens
- Litigation
- Mediation
- Medicaid Appeals
- Medicaid Applications
- Medicaid Planning
- Annuities
- Care Contracts
- Divorce
- Estate Recovery
- Family Part Non-Dissolution Support Orders
- Gifts
- Life Estates
- Loan repayments
- MMMNA
- Promissory Notes
- Qualified Income Trusts
- Spousal Refusal
- Transfers For Reasons Other Than To Qualify For Medicaid
- Transfers to "Caregiver" Child(ren)
- Transfers to Disabled Adult Children
- Trusts
- Undue Hardship Provision
- Multiple-Party Deposit Account Act
- New Cases
- New Laws
- News Briefs
- Newsletters
- Non-Probate Assets
- Nursing Facility Litigation
- Personal Achievements and Awards
- Personal Injury Lawsuits
- Probate
- Punitive Damages
- Reconsideration
- Retirement Benefits
- Reverse Mortgages
- Section 8 Housing
- Settlement of Litigation
- Social Media
- Special Education
- Special Needs Planning
- Surrogate Decision-Making
- Taxation
- Technology
- Texting
- Top Ten
- Trials
- Trustees
- Uncategorized
- Veterans Benefits
- Web Sites and the Internet
- Webinar
- Writing Intended To Be A Will
Vanarelli & Li, LLC on Social Media