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Basic Medicaid Eligibility Rules

Medicaid Planning In A Crisis: An Overview of the Rules & The Need for Swift Action
You need an Elder Law Firm with a Board Certified Elder Law Attorney.
When your family is faced with the situation where a loved one needs long term care in a nursing community, you need to act quickly. With the cost of nursing homes in Georgia averaging around $7,000 and rising, for every month you wait to learn your options and to implement a plan you lose around $7,000 (or more). Poke around & learn the rules, then schedule a free consultation to learn your options. The rules are complicated. Medicaid looks at your income, assets, property (both home & non-home property), savings, life insurance, retirement funds - all of your assets. And there are complicated rules that penalize the transfer of assets.
Let us walk you through the rules, see how your loved one fits into them, and what they can do to protect themselves by implementing an asset protection plan. We encourage you to review the first of our nine Medicaid Guides that are available for you to view, download & review. These guides cover the following major Medicaid subject areas:
Medicaid Module 1: Overview of Basic Medicaid Eligibility Rules
Medicaid Module 2: Medicaid Income Rules
Medicaid Module 3: Medicaid Asset Rules
Medicaid Module 4: Estate Recovery: "Losing the House to Medicaid"
Medicaid Module 5: Burial Allowances & Life Insurance Rules
Medicaid Module 6: Medicaid Transfer of Asset Rules & Penalties
Medicaid Module 7: Crisis Case Examples of How We Help Families
Medicaid Module 8: Pre-Planning Examples: How to Plan Ahead
Medicaid Module 9: Certified Elder Law Attorneys: What is a "CELA?"
Get the first of our Nine Free Medicaid Guides covering the Basics of Medicaid by clicking below to download now!
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Contact us immediately for a free consultation. In most cases, we can protect between 50% to even 100% of all their assets & qualify for Medicaid with the implementation of an asset protection plan for you.
Medicaid Income Rules: It's Complicated!
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 in Georgia (only $30 in South Carolina), 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.

There are also income caps and eligibility for Medicaid benefits is barred if the nursing home resident's income exceeds $2,205 a month (for 2017), unless the excess income above this amount is paid into a "(d)(4)(B)" Qualified Income Trust, also known as a "Miller" trust. Let us help your family!
Medicaid Asset Rules:
Will We Lose all of Our Money & Property?
In order to be eligible for Medicaid benefits a nursing home resident may have no more than $2,000 in "countable" assets. Note that Medicaid is a state-run program, so the rules are somewhat different in each state, although there are federal guidelines. But this is the rule in Georgia & South Carolina for individuals. But the rules change for married couples:

The spouse of a nursing home resident--called the "community spouse" -- is allowed to keep up to $120,900 (for 2017) of the couple's assets (only $66,480 in South Carolina). This figure usually changes each year to reflect inflation. Called the "community spouse resource allowance," this is the most that a state may allow a community spouse to retain absent special circumstances. Let us help you protect your assets!
Medicaid Estate Recovery Liens & Rules:
Will the State Get our House??
Will the Nursing Home get our House??
Under Medicaid law, following the death of the Medicaid recipient a state must attempt to recover from his or her estate whatever long-term care benefits it paid for the recipient's care. States also have the option of recovering all Medicaid benefits from individuals over age 55, including costs for any medical care, not just long-term care benefits. However, no recovery can take place until the death of the recipient's spouse, or as long as there is a child of the deceased who is under age 21 or who is blind or disabled.

There are legal ways to avoid Estate Recovery with the right plan implemented by a Certified Elder Law Attorney. Let us help your family develop a plan.
Medicaid Asset Transfer Penalty Rules:
Medicaid will penalize you for transferring assets in the last 5 years!
In order to be eligible for Medicaid, you cannot have recently transferred assets: i.e., given money or property away to children or others. Congress does not want you to move into a nursing home on Monday, give all your money to your children (or whomever) on Tuesday, and qualify for Medicaid on Wednesday. So it has imposed a penalty on people who transfer assets without receiving fair value in return.

This penalty is a period of time during which the person transferring the assets will be ineligible for Medicaid. The penalty period is determined by dividing the amount transferred by what Medicaid determines to be the average private pay cost of a nursing home in your state ($6,175 in GA / $6,672.80 in SC). For example, if you live in a state where the average monthly cost of care has been determined to be $6,175 (Georgia's Figure), and you give away property worth $200,000, you will be ineligible for benefits for between 32 to 33 months ($200,000 / $6,175 = 32.4 months).

But there are exceptions to the rule . . . let us help your family!

This is Complicated Stuff. Let us Help Your Family Devise a Plan.
One That Will Actually Work.
Let us walk you through the rules, see how your loved one fits into them, and what they can do to protect themselves by implementing an asset protection plan. We encourage you to review the first of our nine Medicaid Guides that are available for you to view, download & review. These guides cover the following major Medicaid subject areas:

Get Our Nine FREE Downloadable Medicaid Modules:

Once you've learned the basics you might consider attending a free workshop, or taking advantage of a free asset protection consultation. Additionally, we offer you the ability to have us do a free asset protection analysis before you come in simply by submitting your information. 

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