The Spousal Impoverishment Provisions of the Medicaid law make
it clear that the Medicaid program does not intend to impoverish
one spouse because the other needs care in a nursing home.
Much of this is based on the spenddown of assets and what levels
must be met before someone qualifies.
The law says that for a married couple,the at-home spouse is entitled
to keep a minimum amount of money with no spenddown. The
new community spouse resource allowance in Hawaii effective January
1,2005 is $95,100. In addition, the nursing home spouse
may keep $2,000 in Hawaii. In other words, for a couple with $97,100
in countable assets (plus the small amount allotted to the nursing
home spouse) there will be no spenddown.
The Medicaid Law will allow the at-home spouse to keep all of his
or her income. For 2005, if the at-home spouse ’s income is
less than $2,377.50 and the nursing home spouse has income, the
at-home spouse can keep enough of the nursing home spouse’s
income to have $2,377.50 of income each month. The nursing home
spouse is allowed to keep a $30 monthly personal needs allowance.
If the at-home spouse has especially large expenses, it is possible
through the fair hearing process to increase the minimum monthly
maintenance needs allowance for the community spouse.
We’ll keep you posted on further updates as they occur.
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