Medicaid Income Rules

If you have questions about Medicaid income rules read the discussion below. Know your rights and the law.

Important Facts About Medicaid: Treatment of Income

The basic Medicaid rule for nursing home residents is that they must pay all of their income, minus certain deductions, to the nursing home. The deductions include a $50-a-month personal needs allowance (this amount may be somewhat higher or lower in particular states), a deduction for any uncovered medical costs (including medical insurance premiums), and, in the case of a married applicant, an allowance for the spouse who continues to live at home if he or she needs income support. A deduction may also be allowed for a dependent child living at home.

In some states, known as “income cap” states (both Georgia and South Carolina are Income Cap States), eligibility for Medicaid benefits is barred if the nursing home resident’s income exceeds $2,022 per month (for 2010), unless the excess above this amount is paid into a “(d)(4)(B)” or “Miller” trust, also known as a Qualified Income Trust. If you live in an income cap state and require more information on such trusts, consult an elder law specialist in your state.

For Medicaid applicants who are married, the income of the community spouse is not counted in determining the Medicaid applicant’s eligibility. Only income in the applicant’s name is counted in determining his or her eligibility. Thus, even if the community spouse is still working and earning $5,000 a month, she will not have to contribute to the cost of caring for her spouse in a nursing home if he is covered by Medicaid.