12Law Arrow 12Law Arrow  Easy Questions  
12Law Arrow 12Law Arrow Instant Legal Documents
 
 
FINANCIAL & MARITAL

Cohabitation Agreement coming soon!
Separation Agreement coming soon!
No-Fault Divorce coming soon!
Bankruptcy coming soon!
 
 

Rules of Eligibility on Medicaid in Zip Code 95938

Rules of Eligibility on Medicaid in Zip Code 95938


You don't get to choose how you're going to die, or when. You can only decide how you're going to live.
 
- Joan Baez


Medicaid, which is distinct from Medicare, provides health coverage to nearly 60 million children, families, pregnant women, the elderly, and people with disabilities. Medicaid covers US citizens and eligible immigrants and is generally provided for low income citizens.

Medicaid can pay for nursing home costs for senior citizens with few assets and low income. In some cases, this applies to senior citizens who have already spent almost all their savings paying their residential facility or home care and cannot sustain the expense.

In the case where one spouse lives at home and the other in a long term care facility, Medicaid can allow more assets to be retained while still qualifying for Medicaid. Planning plays an important role so that Medicaid can pay the nursing costs of for an elderly patient in a medical facility.

When does Medicaid Pay for Assisted Living or Nursing Home?

Medicaid provides for people with low income and limited assets. The program is a joint project by the state and federal government to assist senior citizens in terms of their assisted living care or nursing home needs. The state administers the program and has certain requirements for an elderly to qualify for the benefits.

Long Term Care Requirements

Long term care consists not only of medical care but also personal services for people who are ill and disabled.

State Provided Medicaid

Medicaid recipients will avail of the nursing facilities provided by every state for free. The state will also pay for the home health care services of the recipients who qualify for nursing home care. Medicaid funding can be used by the state to provide long term care services like health aides to those who are not qualified for assisted living facilities and in-home services.

Facilities Accepting Medicaid

Since Medicaid has certain mandatory federal requirements, not all nursing home or assisted living facilities accept Medicaid payments. There are facilities that accept Medicaid and they are subject to periodic inspection to make sure they meet the federal standards set by the state. You need to check with the facility to determine if they take Medicaid patients.

Medical Eligibility

Seniors are not the only persons assisted by Medicaid. Adults and young children who have needs for a nursing home care are also medically eligible for Medicaid after satisfying the requirements of the state. As long as it is proven "medically necessary" for a patient to be placed in a nursing home or health care facilities, and you meet the asset and income criteria, Medicaid will shoulder the expenses.

Financial Eligibility

Depending on the state where you are residing, Medicaid eligibility is set by the federal SSI (Supplemental Security Income). SSI also set the income limits.

Income Limits

Flexible medical guidelines are available in most state for long-term Medicaid reimbursement. These income guidelines depend upon the type of the long term program being applied for and used.

"Medically Needy" Guidelines

"Medically needy" refers to those people who have high income and assets yet their medical expenses are also very high. This means that their income is reduced. In Medicaid terms, this is referred to as "spending down".

Resource Limits

A person who has "spent down" would be eligible to qualify for Medicaid assistance. This is after a person's assets are higher than the Medicaid resource limit.

Asset Transfer

You can diminish your assets or do whatever you like while you are "spending down", getting below the qualifying asset criteria for Medicaid. However, you may not give away assets for less than market value. Medicaid will track your finances for the past five years to determine if your transferred assets in order to qualify for Medicaid. If they determine that you have done so, you will be ineligible to apply for Medicaid for a certain period. Penalty charges may also apply, even after restrictions are lifted and you will legally qualify for Medicaid assistance.

Contribution to Cost of Care

Before Medicaid pays for your care, they expect your available income would go to the long term medical care at a nursing home or other healthcare facility and you will only be allowed to keep a small fixed amount for your "personal needs allowance". The amount that you will be allowed to keep will depend on state laws and the arrangement you made with your healthcare facility. Arrangement can also be made for persons with more than what is allowed for Medicaid eligibility assets to put it in a trust in order to qualify for Medicaid. When the person dies, the trust proceeds will be paid to any long term medical care that was provided for by Medicaid. The rest, which may not be much, will go to the heirs.

Spousal Improvised Protection

Married couples who have one member needing a long-term care services will not be required by Medicaid to give up assets and income in order for the other who need health care to qualify for Medicaid. The healthy spouse is still allowed to live in the community and keep assets ranging from $22,000 to $110,000 depending on the state rules.

Future Medicaid Claim against Your Estate

Medicaid will claim your estate only if:

• You are 55 year old and receiving long-term medical care

• You are permanently institutionalized before you turn 55 year old

• If you pass away, Medicaid will have a claim on your estate for the amount they have spend to care for you (Medicaid estate recovery)

Medicaid will only claim your estate after your remaining spouse dies and you have not left behind any minor or disabled children.

 
Personalize & Print a Free CA Living Will Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Related Legal Services near Zip Code 95938
D & R Legal Process Service LLC
39159 Paseo Padre Pkwy
Fremont, CA 94538
(510) 797-9996
Attorneys Support & Service Bureaus, Process Servers, Attorneys
The Meridian Law, A Professional Law Corporation
39210 State Street, Suite 100
Fremont, CA 94538
(510) 284-9963
Immigration Law Attorneys, Labor & Employment Law Attorneys, Litigation & Tort Attorneys, Real Estat
Ahmad Saad
39111 Paseo Padre Pkwy
Fremont, CA 94538
(510) 713-9847
Attorneys, Legal Service Plans
Steve Baughman and Justin Wong
39650 Liberty St
Fremont, CA 94538
(510) 623-9668
Attorneys, General Practice Attorneys, Legal Service Plans
Singh Law Firm
39111 Paseo Padre Pkwy Ste 115
Fremont, CA 94538
(510) 742-9500
Estate Planning Attorneys, Attorneys, General Practice Attorneys
Total Attorneys - Bankruptcy
271798 Steen Pl
La Mirada, CA 90638
(714) 820-9495
Bankruptcy Law Attorneys,  Attorneys,  Banking & Mortgage Law Attorneys,  Bankruptcy Services,  Lega
Lucey, Kristin - Gillin Jacobson Ellis & Larsen
39159 Paseo Padre Pkwy # 212
Fremont, CA 94538
(510) 794-9441
Attorneys,  Personal Injury Law Attorneys,  Insurance Attorneys,  Product Liability Law Attorneys,  
GJEL Accident Attorneys
39159 Paseo Padre Pkwy Ste 215
Fremont, CA 94538
(510) 794-9441
Accident & Property Damage Attorneys,  Attorneys,  Legal Service Plans,  Wrongful Death Attorneys,  
Kopp, Andrew J
39275 State St
Fremont, CA 94538
(510) 742-9311
Attorneys,  Accident & Property Damage Attorneys,  Personal Injury Law Attorneys,  Employment Opport
Semper Peratus
14730 Beach Blvd # 104
La Mirada, CA 90638
(714) 562-9083
Paralegals, Legal Document Assistance
Grewal, Chamandeep Connich & Grewal LLP
39300 Civic Center Dr # 110
Fremont, CA 94538
(510) 796-9055
Divorce Attorneys, Attorneys, Family Law Attorneys, Labor & Employment Law Attorneys
Pannun Law Firm PC
39180 Liberty St # 118
Fremont, CA 94538
(510) 796-9000
Immigration & Naturalization Consultants, Attorneys, Immigration Law Attorneys, General Practice Att
Ann Saponara
39510 Paseo Padre Pkwy Ste 190
Fremont, CA 94538
(510) 797-8902
Attorneys,  Wills, Trusts & Estate Planning Attorneys,  Estate Planning Attorneys,  Accident & Prop
Hernandez Law Offices
123 S Lake St
Madera, CA 93638
(559) 674-8824
Attorneys
Bay Area Immigration Svc
4160 Technology Dr
Fremont, CA 94538
(510) 770-8700
Immigration Law Attorneys
Jiang Earl L
39111 Paseo Padre Pkwy # 223
Fremont, CA 94538
(510) 792-8668
Attorneys,  Family Law Attorneys,  Accident & Property Damage Attorneys,  Personal Injury Law Attorn
JONG K. LEE
14241 E Firestone Blvd Ste 400
La Mirada, CA 90638
(714) 988-7877
Accident & Property Damage Attorneys,  Automobile Accident Attorneys,  Personal Injury Law Attorneys
Total Attorneys - Personal Injury
PO Box 274196
Morgan Hill, CA 95038
(408) 459-7269
Attorneys, Legal Service Plans
Barker John A & Associates A Professional Law Corp
123 E 4th St
Madera, CA 93638
(559) 673-7227
General Practice Attorneys, Attorneys
7 Day Lawyers (Managed by C. Nakasaka, Esq.)
14241 E. Firestone Blvd., #400
La Mirada, CA 90638
(562) 826-7217
Mortgages, Real Estate Loans, Paralegals, Secretarial Services, Attorneys
Steven E. Springer
39275 State St
Fremont, CA 94538
(510) 791-7137
Corporation & Partnership Law Attorneys, Attorneys, Family Law Attorneys
Total Attorneys - Criminal Defense
PO Box 273709
Morgan Hill, CA 95038
(408) 634-7109
Criminal Law Attorneys, Attorneys, Legal Service Plans
Total Attorneys - Bankruptcy
PO Box 271709
Fremont, CA 94538
(510) 431-7064
Bankruptcy Law Attorneys,  Attorneys,  Banking & Mortgage Law Attorneys,  Bankruptcy Services,  Lega
Social Security Law Attorney
5723 Melrose Ave Ste 103
Los Angeles, CA 90038
(310) 921-7060
Attorneys, Legal Service Plans
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US