Hartford Courant

Understand­ing Medicaid

- By Simon J. Lebo

Medicaid is a federal health insurance program administer­ed by the states. In certain cases, Medicaid pays medical bills for those with limited income or resources. In Connecticu­t, the state Department of Social Services (DSS) administer­s the Medicaid program.

Qualifying for Medicaid can be extremely complicate­d. Special rules exist for people who are:

• 65 or older

• disabled

• under 21, or

• in nursing homes

Many individual­s confuse Medicaid with Medicare, but the programs provide different coverage. Medicare typically offers only very limited coverage for care in a nursing home or home-based care (up to 100 days), whereas Medicaid offers significan­t coverage for both long-term nursing home and home-based care. Qualifying for Medicare is not dependent upon your assets and income, whereas qualifying for Medicaid is dependent upon your income and/or assets.

Many individual­s who require nursing home care or significan­t home-based care look to Medicaid for help in paying for caregiving services. In Connecticu­t, you can generally qualify for Medicaid if you have less than $1,600 in cash, bank accounts, stocks, bonds and other countable assets. In addition, you are allowed to have a burial plot, prepaid funeral contract ($8,000 in irrevocabl­e agreement, plus a burial space agreement), term life insurance of any amount (with no cash surrender value), and cash value whole life insurance provided total value is $1,500 or less.

If you live at home or have a spouse that lives at home (a Community Spouse), then additional assets can be retained, including your home and a car. In other limited situations, when you have a child under 21 years living in the home, a disabled child of any age lives in the home, or a sibling that has lived in the home for at least a year and co-owns it, the home can also be exempt. In addition, your Community Spouse is allowed a certain amount of income should a need exist (including by probate court support orders), as well as a minimum amount of assets to provide for the Community Spouse. In 2018, the Community Spouse is permitted to retain a minimum amount of $24,720 and a maximum amount of $123,600 in assets beyond the home, car, prepaid funeral contracts and $1,500 in whole life insurance. However, the calculatio­n is based upon the total non-exempt assets being equally divided. So if a couple has $100,000 in non-exempt assets, generally speaking only $50,000 can be retained by the Community Spouse.

Fortunatel­y, there are additional ways to protect this money. The couple could spend down on care, improvemen­ts to the home, prepaid funeral contracts (subject to the limit of $8,000 in an irrevocabl­e prepaid funeral contract plus a burial space agreement) and other goods and services. In addition, through an administra­tive hearing, additional assets may be retained if necessary to provide income for the Community Spouse. The couple could also consider a special form of annuity for the Community Spouse to exempt the unprotecte­d assets. The rules for qualifying the annuity as an exempt asset are complex and not satisfying the conditions could result in significan­t penalties. In certain situations, transfers of assets, including your home, can be made. However, if a transfer is made within five years of applying for Medicaid, a penalty may be imposed.

It is important to talk to a qualified Elder Law attorney before giving away any money or property, and before applying for Medicaid. Many planning opportunit­ies exist to help you and your loved ones protect your assets and properly provide for your care should the need arise.

Simon J. Lebo is a partner with Brown, Paindiris & Scott, LLP, concentrat­ing his practice areas in Elder Law, Estate Planning and Probate Administra­tion. Attorney Lebo is available to meet with you in convenient­ly located offices in Bristol, East Hampton, Glastonbur­y, and Hartford. He can be reached at 860-659-0700.

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