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3 WAYS TO PROTECT ASSETS FROM MEDICAID

Updated on February 16, 2023
Written by Mark Henricks

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Medicaid can pay for long-term care if you meet its means-testing restrictions.
The federal-state program is designed to help only people of limited financial
means. However, people with more substantial assets can use three different
strategies to shield those assets from Medicaid and ensure their eligibility for
long-term care benefits. To get assistance with your planning for long-term
care, consider talking to a financial advisor.  




WHAT IS LONG-TERM CARE?

First off, what is long-term care? The term encompasses a range of services
necessary for people who can’t perform everyday tasks due to debilitating health
conditions or disabilities. Long-term care is distinct from traditional
healthcare like doctor’s visits and medicine, so it isn’t covered by health
insurance.

Rather, this type of care often covers custodial services like helping people
with bathing, using the bathroom, eating and more. Long-term care may refer to
any of the following facilities and services:

 * Skilled nursing facilities
 * Nursing homes
 * Assisted living
 * Adult daycare
 * Homemaker services
 * Home health aides


HOW TO PAY FOR LONG-TERM CARE



Paying for long-term care can potentially be a significant financial
challenge. For example, the median annual bill for a semi-private room in a
skilled nursing home was $94,900, according to the Genworth 2021 Cost of Care
Survey.

There are four ways to pay for long-term care:

 1. Paying for it with your own assets
 2. Purchasing long-term care insurance
 3. Medicare (in some instances)
 4. Medicaid

Paying for skilled nursing home care with your own personal assets can deplete
even a sizable estate quickly, so many planners look for other ways. If
purchased in advance and the premiums are regularly paid, long-term care
insurance can cover some or all long-term care costs. Medicare, the federal
old-age health insurance program, can pay for up to 100 days of nursing home or
rehabilitative care, but basic Medicare is not set up to cover long-term care.

That leaves Medicaid, a federal-state program designed to help older or disabled
people of limited financial means pay for healthcare and other services,
including long-term care. In many states, Medicaid may cover the cost of living
in a skilled nursing facility indefinitely.



To get benefits, however, you have to meet Medicaid’s means-testing
requirements. These vary from state to state but generally require recipients to
have no more than $2,000 in assets and income amounting to no more than twice
the federal poverty level. Anyone with more substantial assets may not qualify
for benefits or may be subject to fines and other penalties if they violate any
of the rules governing qualification.

But one way people with more resources can qualify for Medicaid assistance is to
“spend down” their assets – pay for care with their own money until their assets
and income have declined enough to satisfy the program’s requirements.

Another tactic is to gift assets to someone else, such as a family member, so
the long-term care patient can pass the means test. However, Medicaid has a
five-year look-back provision that says any asset transfers must be completed at
least five years before applying for Medicaid assistance.

For more recent transfers, Medicaid applies a penalty. This is calculated by
dividing the size of the asset transfer by the local monthly cost of nursing
home care. Transferring $200,000 in an area with $10,000 monthly costs would
require the patient to pay out of pocket for their care for 20 months.


HOW TO PROTECT ASSETS FROM MEDICAID



There are other ways to protect assets from Medicaid while still receiving
long-term care benefits. These can involve costs of their own and all have some
limitations to consider, but they may be preferable to a spending down strategy:

 1. Medicaid asset protection trust. By setting up an irrevocable trust and
    transferring into it any assets in excess of the Medicaid financial limits,
    you can effectively shield those assets from the program’s fines and other
    penalties. One issue here is that assets cannot be transferred back out of
    the trust, so you have lost control of them forever. Also, the look-back
    period applies. And trusts can be expensive to set up, so they are less
    useful for smaller estates.
 2. Life estate. A life estate allows you to own real estate jointly with
    someone else, like your spouse, and have it pass it on to them upon your
    death. This can exclude the value of the family home from Medicaid’s means
    test. Life estates are, like Medicaid trusts, irrevocable, so you can’t
    change your mind and regain control of the real estate. Medicaid’s five-year
    look-back rules also apply, so it’s necessary to plan ahead.
 3. Medicaid annuity. An annuity designed to comply with local Medicaid rules
    can be excluded from your assets for means testing. Someone who needs
    long-term care unexpectedly can transfer part of their assets to a relative,
    which will likely trigger the look-back period. They can then use the
    remainder of their assets to purchase a Medicaid annuity that generates
    enough monthly income to cover their long-term care costs until the penalty
    period expires. Annuities are expensive, however, and some states limit
    their use for this purpose.


THE BOTTOM LINE

It’s possible to get long-term care through Medicaid, but you’ll need to use
some special strategies to shield your assets in order to pass the program’s
means testing. Medicaid asset protection trusts, life estates and
Medicaid-compliant annuities are three ways people who otherwise may not qualify
for Medicaid can receive benefits for long-term care.


LONG-TERM CARE PLANNING TIPS

 * A financial advisor can help you design a strategy to pay for long-term care
   that will suit your own financial objectives. SmartAsset’s free tool matches
   you with up to three financial advisors in your area, and you can interview
   your advisor matches at no cost to decide which one is right for you. If
   you’re ready to find an advisor who can help you achieve your financial
   goals, get started now.
 * A qualified income trust is specifically designed to help people whose income
   is too large to qualify for local Medicaid means tests. A qualified income
   trust creates an account to which a high-earner can divert enough of their
   monthly income to meet Medicaid income restrictions.

Photo credit: ©iStock.com/supersizer, ©iStock.com/G Trade, ©iStock.com/DGLimages

Mark HenricksMark Henricks has reported on personal finance, investing,
retirement, entrepreneurship and other topics for more than 30 years. His
freelance byline has appeared on CNBC.com and in The Wall Street Journal, The
New York Times, The Washington Post, Kiplinger’s Personal Finance and other
leading publications. Mark has written books including, “Not Just A Living: The
Complete Guide to Creating a Business That Gives You A Life.” His favorite
reporting is the kind that helps ordinary people increase their personal wealth
and life satisfaction. A graduate of the University of Texas journalism program,
he lives in Austin, Texas. In his spare time he enjoys reading, volunteering,
performing in an acoustic music duo, whitewater kayaking, wilderness backpacking
and competing in triathlons.
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