©2004 Ernest Schlereth

 

 

Together, Crafting a Better Future

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dear Inquirer,

Medicaid is a state-run program funded by the federal government. It helps people of modest financial means pay for long-term skilled care. This care may take place in a nursing home, within one's own home or in an assisted-living home setting. If your finances are limited and you are in need of long term medical care, Medicaid may be of great help to you.

Medicaid is a "needs based" program. This means that you are entitled to Medicaid only if your finances are limited. (Medicaid also requires that you attain a certain level of skilled medical need before being eligible. Only the financial requirements for nursing home placement are discussed here.) There is a two-pronged test in determining financial eligibility: 1. How much you make in monthly income, and 2. How much you have in assets, or resources.

1. Income.

Alaska is an "income cap" state. To be eligible for Medicaid in Alaska you cannot earn more than $1656 a month. If your monthly income exceeds this amount by even $1.00 you are not eligible for the Medicaid program. So, for example, if a person made $1000 in Social Security each month and $657 or more in retirement income, that person is over the Medicaid income cap limit by $1.00 and is not eligible for Medicaid!

To avoid hardship, the federal government has permitted the use of an instrument called a Medicaid trust (sometimes called a "Miller trust") which is authorized under 42 USC 1396p(d)(4). This is a document that allows you to have your monthly income placed in a separate bank account under the name of the trust, and under the control of a separate trustee. The trustee is usually a family member or trusted friend who handles the person's income each month. If you live in a nursing home, all of your monthly income will go to that nursing home, except for $75 spending money for you. (This $75 is called a Personal Needs Allowance.) If you are living in the nursing home and you have a spouse at home, Medicaid will allow your spouse an allowance of as much as $2610 of your income to be used as stay-at-home support. This allowance is reduced by the amount that your spouse earns on his or her own. For example, if he or she received $1000 per month for his or her own social security, the monthly spousal allowance would be $1610 ($2610 minus $1000).

2. Resources. (Assets)

To be eligible for Medicaid, you cannot have more than $2000 in assets or resources. However there are certain important exemptions. The spouse, who is not applying for Medicaid, is entitled to a resource allowance in the amount of $104,400. So, if you and your spouse had a joint bank account in the amount of, let's say $103,400, your spouse could move $102,400 from that account to a bank account solely in his or her own name. You would then be under the $2000 resource limit, since the bank account under your name would contain only $1000.

The value of your home up to $500,000 is not considered a resource, and is exempt. Even if you do not have a spouse at home you can claim this exemption. You always have a right to file a form stating your intent to return home someday.

An automobile is exempt for the Beneficiary or a member of the Beneficiary’s household to provide necessary transportation for the Beneficiary.

There are other exemptions that are not discussed in this general overview of Medicaid eligibility in the state of Alaska.

 

The Law Office of Ernest M. Schlereth

 

Important disclaimer:
The rules governing Medicaid eligibility, especially in the area of asset tranfers, are very complex and subject to change. The material contained in this website, especially that regarding Medicaid and Medicaid Trusts, is meant as an informal, general overview. It is not a substitute for sound, individualized legal advice.

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Composed for: Ernest M. Schlereth
Ernie Attorney
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