Medicare Blog

how to avoid medicare spend down

by May Shields Published 2 years ago Updated 1 year ago
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  • Pay off a mortgage, credit card debt, or car loans
  • Buy a new house
  • Update and repair your existing home
  • Buy a new vehicle to replace an older one
  • Prepay funeral and burial expenses
  • Spend on medical equipment and care not covered by Medicare or Medicaid
  • Buy new household and personal items like furniture and clothing
  • Increase in-home caregiver services.

Full Answer

What does Medicaid spend down mean?

Medicaid Spend Down Rules and Gifting. You may transfer assets to your spouse. You may transfer assets to a child who is permanently disabled or blind. You may transfer assets to a trust for whom the sole beneficiary is younger than 65 and permanently disabled. You may transfer your home to a child ...

What assets are exempt from Medicaid?

Feb 20, 2022 · Purchase an Annuity. Because the spouse is allowed a higher amount of income than the person applying for Medicaid, transferring money to an annuity and having it pay to the spouse is an acceptable spend-down strategy as long as it pays out before the end of the community spouse’s life expectancy.

How do you spend down assets for Medicaid?

How does a Medicaid spend-down work?

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What assets are exempt from Medicare?

Other exempt assets include pre-paid burial and funeral expenses, an automobile, term life insurance, life insurance policies with a combined cash value limited to $1,500, household furnishings / appliances, and personal items, such as clothing and engagement / wedding rings.Dec 14, 2021

What is a Medicare buy down?

When subtracting medical expenses and cost sharing lowers a person's income to a level that qualifies them for Medicaid, this process is called a “spenddown.” States can choose to set spenddown periods anywhere between 1–6 months.

What is a spend down strategy?

Retirement spend-down, or withdrawal rate, is the strategy a retiree follows to spend, decumulate or withdraw assets during retirement.

Is the portion the patient pays of the Medicare allowed amount?

Coinsurance is the portion the patient pays of the Medicare allowed amount.

How much money can you have in the bank on Medicaid?

Your assets must be $2,000 or less, with a spouse allowed to keep up to $130,380. Cash, bank accounts, real estate other than a primary residence, and investments, including those in an IRA or 401(k), all count as assets.May 24, 2021

How can I hide money from Medicaid?

5 Ways To Protect Your Money from Medicaid
  1. Asset protection trust. Asset protection trusts are set up to protect your wealth. ...
  2. Income trusts. When you apply for Medicaid, there is a strict limit on your income. ...
  3. Promissory notes and private annuities. ...
  4. Caregiver Agreement. ...
  5. Spousal transfers.
Jun 29, 2018

What assets should you spend first in retirement?

Taxable investment accounts should be tapped first during retirement, followed by tax-free investments, then tax-deferred accounts. At 72, you must take required minimum distributions (RMDs) from all investment accounts except Roth IRAs.

When should I start saving for retirement?

When to Start Spending

A general rule of thumb says it's safe to stop saving and start spending once you are debt-free, and your retirement income from Social Security, pension, retirement accounts, etc. can cover your expenses and inflation.

How do you start spending for retirement?

The 4% rule with a twist

The 4% rule is a well-known rule of thumb for retirement spending. It says people should withdraw 4% of their total nest egg in the first year of retirement. To determine later annual withdrawals, they'd adjust the prior year's dollar figure upward according to the inflation rate.
Feb 13, 2022

Why do doctors not like Medicare Advantage plans?

If they don't say under budget, they end up losing money. Meaning, you may not receive the full extent of care. Thus, many doctors will likely tell you they do not like Medicare Advantage plans because the private insurance companies make it difficult for them to get paid for the services they provide.

Can Medicare patients pay out of pocket?

Keep in mind, though, that regardless of your relationship with Medicare, Medicare patients can always pay out-of-pocket for services that Medicare never covers, including wellness services.Oct 24, 2019

When Medicare runs out what happens?

Medicare will stop paying for your inpatient-related hospital costs (such as room and board) if you run out of days during your benefit period. To be eligible for a new benefit period, and additional days of inpatient coverage, you must remain out of the hospital or SNF for 60 days in a row.

Is Medicaid a long term care program?

Medicaid Eligibility for Long-Term Care. Medicaid is a healthcare program that is primarily funded by the federal government but is administered by the individual states. As such, you will find differences among the states with regard to eligibility requirements and benefits offered to participants in the program.

Who is Paul Kraft?

Paul Kraft is Co-Founder and the senior Principal of Frank & Kraft, one of the leading law firms in Indiana in the area of estate planning as well as business and tax planning.

Can you spend down on medicaid?

Before you’re eligible for Medicaid benefits, you’ll need to “spend down” your assets to the point that you have a demonstrable need for government assistance. However, Medicaid imposes strict rules on what you can and cannot spend assets on in the process of spending down. Failure to heed these rules may result in disqualification ...

Does Medicaid cover nursing home costs?

While Medicaid is extremely useful for covering nursing home costs, the program has very strict income and asset restrictions. Furthermore, state Medicaid programs heavily scrutinize purchases and asset transfers in the years preceding an application for Medicaid, so you have to be very careful in the years leading up to your application ...

What are exempt assets for medicaid?

Some popular examples of exempt assets and services that you can pay for in the process of spending down assets for Medicaid include: 1 Prepaying for funeral expenses (referred to as pre-need contracts) 2 Paying off debt, such as a home mortgage, credit card balance, or car loan 3 Paying for home repairs (e.g. making the home handicap accessible, replacing flooring, fixing the roof, repairing the foundation, etc.) 4 Replacing an old vehicle 5 Purchasing personal items like clothing, furniture, electronics, etc. 6 Paying for medical care and equipment that isn’t covered by Medicare or Medicaid, such as a visit to the dentist or eye doctor 7 Paying for in-home care (note that you may pay a family member to provide in-home care, but you should formalize the agreement in writing and document your payments) 8 Purchasing a new home

What is Medicaid primarily concerned with?

When applying for Medicaid benefits, the state Medicaid agency is primarily concerned with your liquid assets (property that can quickly be turned to cash). In determining your eligibility, the agency considers the following countable (non-exempt) assets:

What are some examples of exempt assets?

Some popular examples of exempt assets and services that you can pay for in the process of spending down assets for Medicaid include: Prepaying for funeral expenses (referred to as pre-need contracts) Paying off debt, such as a home mortgage, credit card balance, or car loan.

Can you transfer assets to your spouse?

You may transfer assets to your spouse. You may transfer assets to a child who is permanently disabled or blind. You may transfer assets to a trust for whom the sole beneficiary is younger than 65 and permanently disabled.

What is ALTCS in Arizona?

In Arizona, the medicaid program is referred to as ALTCS (Arizona Long-Term Care System). The ALTCS benefit has strict financial and medical eligibility requirements, as the benefit is intended to be used to help families afford costly medical and long-term care bills. While it is possible to apply on your own, it is highly recommended that you work with a long-term care professional in order to navigate this complex system. The experienced elder law team at JacksonWhite can make the process of long-term care easier for Arizona families.

What are countable assets for Medicaid?

Countable assets are anything Medicaid counts toward the countable asset limit set by your state. Countable assets include: Cash. Bank accounts—checking or savings accounts. Property other than your primary home. Retirement accounts (varies by state) Investment assets like CDs, stocks, bonds, mutual funds, and others.

What is Medicaid 2021?

Even the wealthiest Americans qualify. Medicaid is a needs-based health insurance program that exists to help people with healthcare needs who can’ t otherwise afford healthcare coverage.

What is Medicaid insurance?

Medicaid is the nation’s health insurance program where most people will qualify based on work history. Even the wealthiest Americans qualify. Medicaid is a needs-based health insurance program that exists to help people with healthcare needs who can’t otherwise afford healthcare coverage.

What is irrevocable medical trust?

An irrevocable medical trust is money set aside that becomes part of the trust that pays out to certain beneficiaries. This money is permanently placed in the trust and managed by somebody other than the person or their spouse. Often the money pays out to beneficiaries once the person passes away but it can also be paid to the original Trustor—generally not for at least five years after the trust is established. Trusts are complicated and creating one to qualify for Medicaid adds an additional level of complexity. Trusts require an estate attorney.

Can you transfer money to an annuity?

Because the spouse is allowed a higher amount of income than the person applying for Medicaid, transferring money to an annuity and having it pay to the spouse is an acceptable spend-down strategy as long as it pays out before the end of the community spouse’s life expectancy.

What are non-countable assets?

Non-countable assets are anything that is exempt from your Medicaid asset limit. Non-countable assets include: Primary home—check with your state on rules regarding your home. Prepaid funeral expenses. One vehicle. Life insurance policy with a cash value of $1,500 or less. Term life insurance.

Can you get medicaid with too many assets?

Many individuals who apply for Medicaid find that they have too many assets to qualify. Medicaid is a "needs-based" program, and a successful Medicaid applicant must have insufficient assets to pay for one's own care. Federal law establishes a benchmark for the amount of resources an individual may own to qualify for the program.

What are some examples of Medicaid debt?

Examples include credit cards, mortgage payments, medical bills, taxes, car payments, rent, utilities, and the costs of home or car maintenance.

What is Medicaid needs based?

Medicaid is a "needs-based" program, and a successful Medicaid applicant must have insufficient assets to pay for one's own care. Federal law establishes a benchmark for the amount of resources an individual may own to qualify for the program. The process of reducing the value of your assets to qualify for Medicaid is referred to as "spending ...

What Is Medicaid Spend Down?

The Medicaid spend down program offers a way for beneficiaries with high medical expenses to qualify for Medicaid. Learn more about how this program works and find out if you’re eligible in your state.

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Do you have to spend down Medicaid?

While one may know it’s necessary to spend-down some of their countable assets to qualify for Medicaid, the exact amount that needs to be spent down may be unclear. This is because the asset limit varies by state, as well as if one is single or married, and if married, if one or both spouses are applying for Medicaid.

How much can a spouse keep on medicaid?

Typically, the spouse who is applying for Medicaid is able to keep $2,000 in non-exempt assets, while the healthy spouse can keep up to $128,640 (in 2020). Again, the asset limits vary by the state in which one resides. Thus, it is extremely important to know the asset limit for one’s state of residence.

What is non-countable asset?

Non-countable assets are also called “exempt” assets. And countable assets are sometimes referred to as “available” assets. Non-countable assets do not count towards the Medicaid asset limit. All states have a countable asset limit, but the limit depends on the state.

How much is a home worth in 2020?

For example, in 2020, in Alabama, one’s home is exempt up to a value of $595,000, and in Wisconsin, one’s home may be valued up to $750,000. Note that if a spouse continues to live in the home, there is no home equity value limit.

Can you get medicaid if you have a low income?

If you are eligible for Medicaid, it will pay for your care. However, since it is a means-tested benefit, you will only be allowed to receive it if you have a limited amount of property or money, a low income, or both. Many older adults do not want to spend the money that they have saved on long-term care. If you try to give your assets and income ...

Can a spouse be eligible for medicaid?

In some states, a healthy spouse is allowed to refuse to provide financial support for his or her spouse. This makes the ill spouse eligible for Medicaid. When Medicaid begins providing the services, it will have the right to ask for contributions from the healthy spouse. Medicaid does not do this in some cases, and in others, it may be willing to settle for a lesser amount. Most states don’t allow spousal refusal. In those states, both spouses’ resources are counted towards the eligibility amounts for Medicaid, making this strategy ineffective.

What is asset protection trust?

An asset protection trust allows the assets to be distributed to the same people when you die so that your loved ones won’t have to pay capital gains tax on the amount that your assets have increased in value during your lifetime. Assets that are transferred to an asset protection trust do not belong to you.

What is a caregiver agreement?

Caregiver Agreement. Setting up a caregiver agreement may be a good way to obtain services that would not be covered by Medicaid. Under this type of agreement, a trusted family member or friend may leave his or her job and care for the older person.

Can a spouse transfer assets?

Transfers of assets between spouses are allowed under the law and are not subjected to the look-back period. In some states, a healthy spouse is allowed to refuse to provide financial support for his or her spouse. This makes the ill spouse eligible for Medicaid.

What is a qualified income trust?

A qualified income trust is irrevocable and is established to hold the amount of your income that exceeds the Medicaid income limits. In some states, people are allowed to spend down the amount of income that is excessive so that they can meet the eligibility requirements for Medicaid.

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Qualification

  • Also, as previously discussed, an applicant must have assets, also called resources, under a certain amount to qualify for Medicaid. However, being over the asset limit does not mean one cannot qualify for Medicaid benefits. When considering ones assets, its important to be aware t…
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Issues

  • Not all assets held by the applicant are counted towards Medicaids asset limit. When determining if one is over the asset limit, its critical to know which assets are counted and which are not.
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Terminology

  • Countable (non-exempt) assets are counted towards the asset limit. They are also sometimes referred to as liquid assets, which are assets that are easily converted to cash. Countable assets include cash, bank accounts (checking, money market, savings), vacation houses and property other than ones primary residence, 401Ks and IRAs that are not in payout status (depending on t…
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Example

  • It is fairly standard that a single elderly applicant is limited to $2,000 in countable assets, but again, this figure varies based on the state in which one resides. For instance, in Maryland, single applicants can keep up to $3,000 in assets, Mississippi allows up to $4,000 in assets, and New York has a much higher asset limit of $15,450 (in 2019).
See more on medicaidplanningassistance.org

Advantages

  • When only one spouse of a married couple is applying for nursing home Medicaid or long-term care via a Medicaid waiver, the non-applicant spouse, commonly called the community spouse, is able to retain a higher number of assets. As of 2019, this figure, called the Community Spouse Resource Allowance (CSRA) can be as great as $126,420. That said, there are a few exceptions, …
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Statistics

  • The CSRA is further complicated by the fact that some states are 50% states, while others are 100% states. In very simplified terms, in 50% states, the community spouse can keep up to 50% of the couples assets, up to the maximum allowable amount. (As mentioned above, this figure, as of 2019, is $126,420 in most states). There is also a minimum resource allowance, which as of 201…
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