What Are Medicaid Spousal Impoverishment Numbers In 2023?

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March 10, 2023 •  The Estate & Elder Law Center of Southside Virginia, PLLC
The Centers for Medicare and Medicaid Services (CMS) has released the 2023 federal guidelines for how much money the spouses of institutionalized Medicaid recipients may keep.
Robert W. Haley, managing lawyer
Robert W. Haley
Certified Elder Law Attorney® Robert W. Haley brings over 27 years of legal expertise and knowledge to his firm, which concentrates solely on the areas of elder law, estate planning (Last Will & Testaments, Durable Powers of Attorney, Health Care Powers of Attorney, Living Wills, Trusts, etc.,.) Asset Protection/Medicaid Planning and fiduciary services. For many years, Robert practiced in real estate law, and in general practice, but decided to narrow his focus to elder law and estate planning when he realized the tremendous need for proper planning to be filled in Southside Virginia.

When reviewing any documents for skilled in-home care or long term nursing facility care, be certain to review all of the documents carefully, says a recent article from The Bristol Press titled “Medicaid’s Spousal Impoverishment figures for 2023.”   

More than one family has reviewed admission packets to nursing homes containing incorrect advice on information about the Medicaid program. One family mentioned in the article met with an elder law attorney to review the admission packet, only to learn the information was thirteen years old and could have caused the family to be liable for thousands of dollars had they followed the “advice” solicited therein.  

When a sick spouse enters into or comes to a point they are in need of long-term care, whether that be in a nursing facility or getting skilled help in the home, the well spouse is referred to as the “community spouse.”  The community spouse is protected by federally set standards to ensure they are not impoverished for the sake of the sick or institutionalized spouse.   

The Community Spouse Resource Allowance (CSRA) is the amount of assets the community spouse may retain in order for the institutionalized spouse to be eligible for Medicaid.  It is either the Spousal Share (one-half of the total amount of joint countable assets) or the Maximum CSRA (if the Spousal Share is greater than the Maximum CSRA).  In 2023, the Maximum CSRA is $148,620.00 and the Minimum CSRA is $29,724.00.   

An experienced and certified elder law attorney is able to use a number of legal strategies to protect more than the maximum allowance.  While the Maximum and Minimum Spousal Standards increase each year, the advice of an elder law attorney is invaluable in protecting the family’s assets.  

Different states have different standards for the “community spouse resource allowance,” but they must be within these federally set standards. 

The maximum monthly maintenance needs allowance (MMNA) for 2023 is $3,715.50. This is the most monthly income a community spouse may have if their income must be subsidized by institutionalized spouse’s income in order to meet that MMNA.  The minimum monthly maintenance needs allowance for 2023 is $2,288.75.  In determining how much a community spouse is permitted to receive from the institutionalized spouse, every state must take these numbers into consideration.  These numbers are only applicable if the community spouse needs to take income from the institutionalized spouse.  

According to Virginia Medicaid Law, the community spouse may keep all of her own income, even if it exceeds the monthly maintenance needs allowance.  

As you can see, these numbers are vital for proper planning, and you need a firm with the expertise to take advantage of the protections available for a community spouse! If you have questions on Medicaid Spousal impoverishment for 2023, reach out to us! Our firm can help your family when a loved one needs long-term care in the nursing home.  Let's discuss how we can help! If you or a loved one are concerned about estate planning or other elder law matters including Asset Protection/Medicaid Planning or have questions regarding long-term care in the nursing home, reach out to us!  Book a call with us on our website: www.VAElderLaw.com to get started. We have offices in Bassett, Danville and Lynchburg to serve you!

Reference: The Bristol Press (Jan. 5, 2023) “Medicaid’s Spousal Impoverishment figures for 2023”

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