Ensure A Fair Hearing For Your Medicaid Application
In the unfortunate event that an individual is admitted to a nursing home, you may wish to apply to the state for Medicaid benefits. In order to be eligible, the individual must be both categorically and financially eligible.
Understanding Medicaid Eligibility
To be categorically eligible for Medicaid, the individual must require assistance with at least two of the six daily activities of family living: (1) bathing, (2) dressing, (3) toileting, (4) transferring (moving to and from a bed or chair), (5) eating, and (6) caring for incontinence.
To be financially eligible, a single individual cannot have so-called “countable” assets in excess of $2,000 and cannot have a home with equity in excess of $750,000 ($500,000 in all states except Massachusetts). In the case of a married couple, the family cannot have assets in excess of $101,640 and a home (with no limit on value).
So-called “excess” resources may be annuitized (place in an annuity) to make a married couple eligible for benefits and a so-called “gift” coupled with an annuity may also be used to make a single person eligible for benefits. In both cases, substantial assets can be protected with proper planning.
Our lawyers can help you prepare Medicaid applications and can represent you in fair hearings to determine Medicaid benefits eligibility. We can also help you with asset protection through Medicaid trusts or other techniques.