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Home » Elder Law » Homeowners & Medicaid Eligibility

Homeowners & Medicaid Eligibility

April 10, 2015 by Barry D. Horowitz, Estate Planning Attorney

If you ask the average person how he or she expects to pay for long-term care if it is needed at some point in time this individual would probably say that Medicare will pick up the tab.

In fact this is a misconception. Those who have the foresight to consult with an elder law attorney before making any assumptions will learn that in fact Medicare does not pay for an extended stay in an assisted living facility.

Though the program was set up to provide poor people with access to health care Medicaid has become a government program that seniors rely on when they find that they cannot pay for these expenses out-of-pocket. The Kaiser Family Foundation tells us that 70% of nursing home residents are receiving Medicaid.

There are upper financial resource limits that you must stay within to qualify for the program, so homeowners have questions about the rules. In fact your home is not considered to be a countable asset when Medicaid is making a determination with regard to your eligibility.

The caveat here would be an upper equity limit of $525,000 which can be raised to as much as $786,000 at the discretion of each individual state. It should be noted that there is no equity limit if the Medicaid applicant’s spouse or a dependent is living in the home.

States are required to seek recovery for money spent after the death of the Medicaid recipient, but the house is off-limits if a spouse or dependent is still residing in the home.

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Barry D. Horowitz, Estate Planning Attorney
Barry D. Horowitz, Estate Planning Attorney
Founding Partner and President at Nirenstein, Horowitz & Associates PC
Barry D. Horowitz is a founding partner and president of the law firm of Nirenstein, Horowitz & Associates, P.C. He received his diploma from the Loomis Chaffee School and his Bachelor of Arts from Bennington College, where he dual majored in philosophy and music.

Mr. Horowitz was awarded his Juris Doctor degree with honors from the University of Connecticut School of Law. While attending law school, Mr. Horowitz received the American Jurisprudence Award in Legal Ethics and the Nathan Burkan Award.

After graduation from law school, Mr. Horowitz continued his legal education at New York University School of Law where he received a Post Doctorate Law Degree in Taxation. He has also recently received a national achievement award.

Mr. Horowitz is admitted to practice before all the state courts in the State of Connecticut and the United States District Court.

Mr. Horowitz was selected for Super Lawyers in 2021.
Barry D. Horowitz, Estate Planning Attorney
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Filed Under: Elder Law, Long-Term Care Tagged With: Elder Law, Long Term Care, Medicaid

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