Medicaid

Nursing Home Medicaid and HCBS Waivers – Financial Eligibility

In evaluating financial eligibility for Medicaid, both monthly income and resources must be considered. The basic rule is everything having value is an asset. 42 U.S.C. § 1396p(h)(1). This includes monthly income and resources. Income includes both earned and unearned income. 42 U.S.C. § 1396p(h)(2) incorporates by reference the definition of income found at 42 U.S. Code § 1382a. 42 U.S.C. § 1396p(h)(5) incorporates the definition of resources found at 42 U.S. Code § 1382b without regard to the exclusion described in subsection (a)(1) of that section. An asset cannot be considered income and a resource in the same month. Georgia ABD Manual section 2300-2. See also POMS SI 00810.010 – Relationship of Income to Resources. As shown in later chapters, this distinction is important when planning for eligibility.

Published by
David McGuffey

Recent Posts

Oath for Georgia Guardians and Personal Representatives

Before a guardian or the personal representative of an estate takes office, he or she…

2 days ago

Form: Affidavit of Diligent Search

In Georgia, when actions are filed in Probate Court, some people must be notified before…

2 days ago

Income Tax Return for Estates and Trusts – Form 1041

What is Form 1041 used for? If an estate or trust has gross income of…

3 days ago

Notice Concerning Fiduciary Relationship – IRS Form 56

IRS Form 56 is used to notify the IRS of the creation or termination of…

3 days ago

2025 Spousal Impoverishment Standards

On November 15, 2024, the Centers for Medicare and Medicaid Services posted the 2025 spousal…

1 month ago

Social Security Disability versus Veteran’s Disability

The word disability doesn't have the same meaning in all contexts. If you have a…

2 months ago