Frequently
Asked Questions

While Medicaid is designed to support low-income individuals, that doesn’t mean you have to be destitute to qualify. In reality, there are many assets seniors can own and still be eligible. In addition, there are established, legal methods for restructuring other assets so they’re exempt from the applicant’s income. The experts at Medicaid Filing Connection can help you legally protect as much of your loved one’s savings as possible, only spending down what’s necessary.

You may have heard that transfers are an easy way to ensure Medicaid eligibility. However, if you gift or sell any assets for less than fair market value within five years of applying for Medicaid nursing home services, the Texas Health & Human Services Commission will divide the value of the asset by $213.71 (2020 daily rate). This number is how many days Texas will withhold payment. We can guide you on how to protect assets using the new transfer rules as a part of your “spend down” plan.

While it’s true that the Medicaid Estate Recovery Program (MERP) has the ability to claim the home through Probate Court after your death, this is not inevitable. We can help you create a deed (often called a Lady Bird Deed or Enhanced Life Estate Deed) that will protect your home from MERP.

Under “spousal impoverishment” rules, Texas Medicaid protects the healthy spouse. This is called the Spousal Protected Resource Allowance (SPRA). The SPRA consists of 50% of the couple’s total combined resources. However, there are certain exclusions such as the primary residence, one vehicle, personal goods, household items, and more. Our team can strategize on ways to protect more assets than allowed in the maximum SPRA.

No. In Texas, there are two Medicaid programs that allow for services in the home. STAR+PLUS program is a Medicaid waiver that allows seniors 65 or older to receive care at home, in adult foster care, or in assisted living. Community First Choice includes assistance with activities of daily living, personal emergency response systems, and health maintenance.

The vast majority of nursing homes accept Medicare, Medicaid, and private payment reimbursements in order to stay in business. Many Texas nursing homes certified for Medicaid have excellent care ratings.