(Last Updated 6/5/2023)
When determining financial eligibility for Medicaid, there are income and resource limits for each lcass of assistance. Here, we begin a general discussion of those limits. They differ depending on which class of assistance the applicant is seeking.
- Section 1: Financial Eligibility Overview
- Section 2: Nursing Home Medicaid and HCBS Waivers
- Section 2.1: Income Eligibility
- Section 2.2: Income of the Community Spouse
- Section 3: Resource Eligibility
- Section 3.1: Deeming
- Section 3.2: Exempt Resources
- Section 3.2.1: Home
- Section 3.2.2: Household goods
- Section 3.2.3: Vehicles
- Section 3.2.4: Business Property
- Section 3.2.5: Burial Resources and Life Insurance
- Section 3.2.6: Other Exemptions
- Section 3.3: Default Community Spouse Resource Allowance
- Section 3.4: Changing the Defaults for a Community Spouse
- Section 3.5: Transfer Penalties
- Section 4: Medicaid Planning
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In Lamle ex rel. Lamle v. Shropshire (W.D. Oklahoma 5/29/2024), a United States District Court upheld a denial of benefits where three Medicaid applicants refused to answer questions about promissory notes. Penelope Lamle, Marilyn Garrison and Maxine Houston each loaned money to others in exchange for a promissory note. Lamle and Garrison made loans to […]
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Section 1115 of the Medicaid statute allows sates to test new or existing ways to deliver and pay for health care services in Medicaid and the Children’s Health Insurance Program (CHIP). The home health waivers are designed to meet the needs of people who prefer to get long-term care services and supports in their home […]
Locating Medicaid Law
Sometimes finding Medicaid law is tough, but we hope to give you resources here. Federal and state statutes, regulations and case law is available to subscribers of LEXIS and Westlaw. The federal statute, which is Title XIX of the Social Security Act, is at 42 U.S.C. § 1396 et seq. (the “Medicaid Act”). The federal […]
