Missouri's Laws on Medicaid for Nursing Home Care

Nursing home care is expensive. Even if you have saved several thousand dollars over the years, a few months in a skilled nursing facility can completely wipe out your assets. When your assets are gone, or if you have no assets to start with, you can apply for Medicaid to help fund your nursing home care. If you live in the state of Missouri, there are some important facts you should know about the laws governing Medicaid and nursing home care.

Assets

• If you are in a nursing facility in Missouri, you usually become eligible for Medicaid when your non-exempt assets fall below $1,000 USD. If you and your spouse are both in a nursing facility, your joint non-countable assets cannot exceed $2,000. Non-exempt assets include checking and savings accounts, certificates of deposit and retirement accounts. Exempt assets include your home, if you plan to return home at some point or if your spouse or dependents live in the home; one vehicle; a small life insurance or burial plan and basic household goods.

Income

• There is no income cap if you are a nursing home resident, however, most of your income must go to the nursing home to help cover the cost of your care. You are allowed to keep enough money to cover your monthly health insurance premiums and a personal needs allowance of $30.

Medicaid Certified Beds

• In order to benefit from Medicaid in a skilled nursing facility, you must choose a facility that accepts Medicaid payments. You must also be in a Medicaid certified bed. If you suspect you will need assistance from Medicaid when you enter a facility, asked to be put in a Medicaid certified bed immediately. Otherwise, you may have to move to a different location if your funds run out and your first choice facility has no Medicaid beds available.

Prevention of Spousal Impoverishment

• If you have a spouse who is still living in the community, you and your spouse are allowed to divide your non-exempt assets. When your share of the assets is gone, you will become eligible for Medicaid. Your spouse does not have to spend all of his share of the assets before you become eligible for assistance. Missouri law also provides for your spouse to receive a Minimum Monthly Maintenance Needs Allowance (MMMNA) out of your income.

Medicaid Estate Recovery

• After you pass away, the Missouri Attorney General's Office will often file a claim against your estate to recoup the expenses of your nursing home care. It will not file if the cost of the collection is greater than the amount of the claim; if you have a surviving spouse or child under the age of 21; if you have a blind or disabled child of any age; or if, at its discretion, estate recovery would cause your survivors "undue hardship."