Alabama Medicaid pays for nursing home care once Medicare's short rehabilitation window runs out and the bills shift to long-term custodial care.
This guide walks through how Alabama Medicaid nursing home coverage works in 2026: who qualifies medically and financially, the income trust an over-cap applicant has to set up, what you keep versus what goes to the facility each month, how the at-home spouse is protected, and how Alabama's estate recovery program affects the family home.
Does Alabama Medicaid Pay for Nursing Home Care?
It does. Medicaid is the only public program that pays for long-term custodial nursing home care in any meaningful way, and in Alabama that program is run by the Alabama Medicaid Agency, which publishes its nursing home coverage rules directly. Medicare covers up to 100 days of skilled nursing care after a qualifying hospital stay, and then it stops. Custodial care, the day-to-day help with bathing, dressing, eating, and moving that most nursing home residents need long-term, is not something Medicare pays for. That's the gap Medicaid fills.
For a resident who qualifies, Alabama Medicaid pays the nursing facility directly for covered care. The resident contributes most of their own income, the patient liability explained below, and Medicaid covers the difference between that contribution and the facility's Medicaid rate. If you meet the clinical and financial criteria, the coverage is there.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), U.S. Code prelim (rolling current edition), Office of the Law Revision Counsel — the CSRA is the GREATEST of four alternatives, the dollar cap binds only clauses (i) and (ii)(II), the (d)(3)(C) income cap is expressly subject to adjustment under subsection (e), and the (e)(2) hearing and (f)(3)/(d)(5) court-order routes carry no dollar ceiling. uscode.house.gov. Retrieved Aug 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r-5&num=0&edition=prelim
What Alabama Medicaid pays for inside the facility:
- Room and board.
- Nursing care and help with daily activities.
- Prescription drugs.
- Physician services, therapies, and medical supplies covered under the daily rate.
- Medically necessary transportation.
To get there, an applicant has to clear two separate tests: a medical one and a financial one.
Alabama Medicaid Nursing Home Medical Eligibility (Level of Care)
Before Alabama Medicaid pays for a nursing home, the resident has to need that level of care. Alabama uses a level-of-care determination to confirm the person requires the kind of skilled or custodial care a nursing facility provides, rather than care that could safely be delivered at home or in assisted living.
In practice, this means the resident needs ongoing nursing supervision or hands-on help with several activities of daily living, things like transferring in and out of bed, toileting, eating, and managing medications. There is no single federal nursing-facility level-of-care definition; federal law has each state set its own assessment tool and threshold, and the categories states weigh are physical function (the activities of daily living above), skilled-nursing or medical needs, and cognitive impairment that requires supervision to stay safe.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r(e)(5) — State specifies the resident assessment instrument. uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r&num=0&edition=prelim A physician documents the need, and the facility's admission process and the resident's medical records support it. Most older adults entering a nursing home directly from a hospital stay, after a stroke, a serious fall, or advancing dementia, clear this bar without difficulty.
If the person's needs are real but could be met at home, the better fit may be one of Alabama's home- and community-based waiver programs, such as the Alabama Medicaid Elderly and Disabled Waiver, rather than institutional Medicaid. Those waivers apply the same financial standards as nursing-home coverage, a $2,982 monthly income limit and a $2,000 countable-resource limit, which is worth knowing before you assume a facility is the only option.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), U.S. Code prelim (rolling current edition), Office of the Law Revision Counsel — the CSRA is the GREATEST of four alternatives, the dollar cap binds only clauses (i) and (ii)(II), the (d)(3)(C) income cap is expressly subject to adjustment under subsection (e), and the (e)(2) hearing and (f)(3)/(d)(5) court-order routes carry no dollar ceiling. uscode.house.gov. Retrieved Aug 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r-5&num=0&edition=prelim The spousal protections described below come from Alabama's rule on married couples in institutional care, so if the applicant is heading for a waiver at home rather than into a facility, ask the Alabama Medicaid Agency how those protections apply to the at-home spouse before you plan around them.
Financial Eligibility: Assets and Income
This is where most families get stuck. There are two limits, and they work very differently.
The asset limit
A single nursing-home or waiver applicant is limited to $2,000 in countable assets. The $3,000 figure you may see quoted is the SSI-related standard for a couple, and it does not govern the case families ask about most: when both spouses are institutionalized and both apply, Alabama treats each of them as an individual with a $2,000 limit of their own, starting the first day of the month after both are in a facility.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), U.S. Code prelim (rolling current edition), Office of the Law Revision Counsel — the CSRA is the GREATEST of four alternatives, the dollar cap binds only clauses (i) and (ii)(II), the (d)(3)(C) income cap is expressly subject to adjustment under subsection (e), and the (e)(2) hearing and (f)(3)/(d)(5) court-order routes carry no dollar ceiling. uscode.house.gov. Retrieved Aug 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r-5&num=0&edition=prelim
Some assets don't count toward that limit:
- The primary residence (exempt during the resident's lifetime, subject to a home-equity cap). Federal law sets that cap at a minimum of $752,000 for 2026, and a state may elect a higher amount, up to $1,130,000. Alabama's eligibility rule ties its limit to "the Home Equity Limit published annually by U.S. Department of Health and Human Services (HHS)" without naming which of the two figures it applies, so if the home's equity is anywhere near the $752,000 minimum, confirm the operative number with the Alabama Medicaid Agency before counting on the exemption.Office of the Law Revision Counsel, U.S. House of Representatives. (2026). 42 U.S.C. 1396p(f) - Disqualification for long-term care assistance for individuals with substantial home equity, including the (f)(2) exception and the (f)(4) hardship waiver (uscode.house.gov prelim view, rolling edition; text contains those laws in effect on August 1, 2026). uscode.house.gov. Retrieved Sep 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim,Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), U.S. Code prelim (rolling current edition), Office of the Law Revision Counsel — the CSRA is the GREATEST of four alternatives, the dollar cap binds only clauses (i) and (ii)(II), the (d)(3)(C) income cap is expressly subject to adjustment under subsection (e), and the (e)(2) hearing and (f)(3)/(d)(5) court-order routes carry no dollar ceiling. uscode.house.gov. Retrieved Aug 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r-5&num=0&edition=prelim
- One vehicle.
- Household goods and personal effects.
- A prepaid irrevocable burial.
Alabama applies a 60-month look-back to uncompensated transfers, so gifts or below-market transfers made in the five years before applying can trigger a penalty period during which Medicaid will not pay for long-term care. That's worth planning around well before an application.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), U.S. Code prelim (rolling current edition), Office of the Law Revision Counsel — the CSRA is the GREATEST of four alternatives, the dollar cap binds only clauses (i) and (ii)(II), the (d)(3)(C) income cap is expressly subject to adjustment under subsection (e), and the (e)(2) hearing and (f)(3)/(d)(5) court-order routes carry no dollar ceiling. uscode.house.gov. Retrieved Aug 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r-5&num=0&edition=prelim,Office of the Law Revision Counsel, U.S. House of Representatives. (2026). 42 USC 1396p - Liens, adjustments and recoveries, and transfers of assets (OLRC, U.S. Code preliminary release; text contains those laws in effect on August 1, 2026). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim
The income cap and the income trust
Alabama sets the institutional Medicaid income limit at 300% of the Supplemental Security Income (SSI) Federal Benefit Rate. The 2026 individual SSI Federal Benefit Rate is $994 per month, so 300% of it works out to $2,982 per month, the income cap for nursing-facility coverage.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), U.S. Code prelim (rolling current edition), Office of the Law Revision Counsel — the CSRA is the GREATEST of four alternatives, the dollar cap binds only clauses (i) and (ii)(II), the (d)(3)(C) income cap is expressly subject to adjustment under subsection (e), and the (e)(2) hearing and (f)(3)/(d)(5) court-order routes carry no dollar ceiling. uscode.house.gov. Retrieved Aug 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r-5&num=0&edition=prelim,U.S. Social Security Administration. (2026). SSI Federal Payment Amounts for 2026. ssa.gov. Retrieved Aug 8, 2026, from https://www.ssa.gov/oact/cola/SSI.html
Here's the part that trips families up. Alabama is a true income-cap state, and the Alabama Medicaid Agency's own trust packet is blunt about what happens when you go over: unless part or all of that income goes into a Qualifying Income Trust, "you will not be eligible for Medicaid."Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), U.S. Code prelim (rolling current edition), Office of the Law Revision Counsel — the CSRA is the GREATEST of four alternatives, the dollar cap binds only clauses (i) and (ii)(II), the (d)(3)(C) income cap is expressly subject to adjustment under subsection (e), and the (e)(2) hearing and (f)(3)/(d)(5) court-order routes carry no dollar ceiling. uscode.house.gov. Retrieved Aug 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r-5&num=0&edition=prelim The fix is a Qualified Income Trust (a Miller Trust): each month, the income above the cap is deposited into the trust, which brings your countable income back under the limit. The trust money still goes toward your care; it just routes through the trust so you stay eligible. An elder-law attorney typically sets one up, and it has to be in place before coverage starts.
For a full walk-through of the income standards and exempt assets, see Alabama Medicaid eligibility and income limits.
What You Pay: Patient Liability
Once a resident is approved, the question becomes how much of their income goes to the facility each month. Alabama calls the resident's contribution patient liability, and the math runs in a fixed order.
Start with the resident's gross monthly income. Subtract, in order:
- The personal needs allowance, $30 per month in Alabama, the federal minimum, which the resident keeps for personal expenses like haircuts, clothing, and toiletries. Alabama deducts $120 instead for a VA beneficiary whose VA check has been reduced to $90, so a veteran in that situation keeps more than the standard $30.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), U.S. Code prelim (rolling current edition), Office of the Law Revision Counsel — the CSRA is the GREATEST of four alternatives, the dollar cap binds only clauses (i) and (ii)(II), the (d)(3)(C) income cap is expressly subject to adjustment under subsection (e), and the (e)(2) hearing and (f)(3)/(d)(5) court-order routes carry no dollar ceiling. uscode.house.gov. Retrieved Aug 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r-5&num=0&edition=prelim
- Health insurance premiums, including the Medicare Part B premium and any Medigap premium.
- A monthly maintenance allowance for an at-home spouse, if there is one (covered in the next section).
Whatever remains is the patient liability the resident owes the facility. Medicaid pays the rest of the facility's Medicaid rate. The resident is never left without the $30 set aside for personal needs.U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(q)(2) — Minimum monthly personal needs allowance deduction (govinfo.gov USCODE). govinfo.gov. Retrieved Sep 4, 2026, from https://www.govinfo.gov/link/uscode/42/1396a
Put simply, the resident keeps the $30 personal needs allowance and enough income to cover their health-insurance premiums and any spousal allowance, and the rest of their monthly income goes to the facility as patient liability. Because the personal needs allowance in Alabama sits at the federal floor of $30, most of a single resident's income with no spouse to support flows to the facility each month, and Medicaid covers the gap between that contribution and the facility's Medicaid rate.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), U.S. Code prelim (rolling current edition), Office of the Law Revision Counsel — the CSRA is the GREATEST of four alternatives, the dollar cap binds only clauses (i) and (ii)(II), the (d)(3)(C) income cap is expressly subject to adjustment under subsection (e), and the (e)(2) hearing and (f)(3)/(d)(5) court-order routes carry no dollar ceiling. uscode.house.gov. Retrieved Aug 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r-5&num=0&edition=prelim,U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(q)(2) — Minimum monthly personal needs allowance deduction (govinfo.gov USCODE). govinfo.gov. Retrieved Sep 4, 2026, from https://www.govinfo.gov/link/uscode/42/1396a
Protecting the At-Home Spouse
When one spouse enters a nursing home and the other stays in the community, federal spousal-impoverishment rules keep the at-home spouse from being left destitute. Alabama applies these protections in full.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), U.S. Code prelim (rolling current edition), Office of the Law Revision Counsel — the CSRA is the GREATEST of four alternatives; the dollar cap binds only clauses (i) and (ii)(II); (e)(2) fair-hearing and (f)(3) court-order routes carry no dollar amount. uscode.house.gov. Retrieved Sep 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r-5&num=0&edition=prelim
Two protections do the heavy lifting:
- The Community Spouse Resource Allowance (CSRA) lets the at-home spouse keep the greater of $32,532 or half the couple's combined countable assets, capped at a 2026 maximum of $162,660. The minimum half of that rule is the part families miss: a couple with $50,000 in countable assets protects $32,532 for the at-home spouse, not $25,000. This is separate from the institutionalized spouse's $2,000 limit.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), U.S. Code prelim (rolling current edition), Office of the Law Revision Counsel — the CSRA is the GREATEST of four alternatives; the dollar cap binds only clauses (i) and (ii)(II); (e)(2) fair-hearing and (f)(3) court-order routes carry no dollar amount. uscode.house.gov. Retrieved Sep 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r-5&num=0&edition=prelim
- The Minimum Monthly Maintenance Needs Allowance (MMMNA) lets income shift from the nursing-home spouse to the at-home spouse, bringing the at-home spouse's income up to a floor that ranges from $2,705.00 to $4,066.50 per month in 2026, depending on housing costs.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), U.S. Code prelim (rolling current edition), Office of the Law Revision Counsel — the CSRA is the GREATEST of four alternatives; the dollar cap binds only clauses (i) and (ii)(II); (e)(2) fair-hearing and (f)(3) court-order routes carry no dollar amount. uscode.house.gov. Retrieved Sep 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r-5&num=0&edition=prelim
Because the asset snapshot, the housing-cost calculation, and the timing of an application can each move the protected amount by thousands of dollars, this is one area where it pays to get the numbers right before applying. See Alabama spousal impoverishment protections for the full framework.
Estate Recovery After Nursing Home Care
After an Alabama Medicaid recipient who received long-term care dies, federal law requires the state to try to recover what it spent from the person's estate. The Alabama Medicaid Agency runs this through its estate recovery program.
Two groups are covered, and a long-stay nursing home resident usually falls into both: recipients who were 55 or older when they received medical assistance, and recipients of any age who were permanently institutionalized. Do not read the age-55 line as a safe harbor for a younger resident. For the 55-or-older group, Alabama recovers for all approved medical assistance it paid, not only the long-term-care portion, with Medicare cost sharing carved out.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), U.S. Code prelim (rolling current edition), Office of the Law Revision Counsel — the CSRA is the GREATEST of four alternatives, the dollar cap binds only clauses (i) and (ii)(II), the (d)(3)(C) income cap is expressly subject to adjustment under subsection (e), and the (e)(2) hearing and (f)(3)/(d)(5) court-order routes carry no dollar ceiling. uscode.house.gov. Retrieved Aug 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r-5&num=0&edition=prelim,Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. §1396p(b)(1) chapeau — the prohibition on recovery of correctly paid medical assistance and the three mandatory exceptions (Office of the Law Revision Counsel, U.S. Code, prelim edition). uscode.house.gov. Retrieved Sep 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim
Recovery itself runs against the estate after death, not against the resident during life, and the home stays an exempt asset for eligibility while the resident is alive. One caveat worth knowing: federal law separately allows a state to place a lien on the real property of a nursing-facility resident who, after notice and a hearing, is determined unable to reasonably be expected to be discharged and return home. A lien is not a sale, and it does not put the family out of the house, but it is a claim recorded during the resident's lifetime rather than after. Federal protections still apply:Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. §1396p(b)(1) chapeau — the prohibition on recovery of correctly paid medical assistance and the three mandatory exceptions (Office of the Law Revision Counsel, U.S. Code, prelim edition). uscode.house.gov. Retrieved Sep 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim
- No recovery while a surviving spouse is alive.
- No recovery while a surviving child is under 21, or is blind or permanently and totally disabled, at any age.
- An undue-hardship waiver is available where recovery would create real hardship for survivors, for example a family member who depends on the home.
Because estate recovery and the rules for protecting a home can get technical, this is a conversation worth having with an elder-law attorney before a parent enters a facility. For the full mechanics, see Alabama Medicaid estate recovery.
How to Find an Alabama Medicaid Nursing Home
Most nursing homes in Alabama are certified to accept Medicaid, but quality varies widely, and that's the choice that matters most. Two free tools should drive it.
Questions worth asking any facility you're considering:
- How many Medicaid beds do you currently have open?
- What's your current five-star rating, and have you had deficiencies in the past year?
- What's your staffing ratio on day, evening, and overnight shifts?
- Will you accept a "Medicaid pending" admission, and how do you bill during the application period?
Frequently Asked Questions
Does Medicaid pay for nursing home care in Alabama?
Yes. Alabama Medicaid pays for long-term nursing facility care for residents who need a nursing-facility level of care and meet the financial limits. It covers room, board, nursing, personal care, and prescriptions under the facility's daily rate. Medicare only covers short-term skilled care after a hospital stay, up to 100 days, and does not cover long-term custodial care.
What is the income limit for Alabama nursing home Medicaid?
The institutional income cap is $2,982 per month in 2026 (300% of the SSI Federal Benefit Rate). Alabama is an income-cap state: an applicant whose gross income exceeds that limit will not be eligible unless the excess is diverted each month into a Qualifying Income Trust (also called a Miller Trust).Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), U.S. Code prelim (rolling current edition), Office of the Law Revision Counsel — the CSRA is the GREATEST of four alternatives, the dollar cap binds only clauses (i) and (ii)(II), the (d)(3)(C) income cap is expressly subject to adjustment under subsection (e), and the (e)(2) hearing and (f)(3)/(d)(5) court-order routes carry no dollar ceiling. uscode.house.gov. Retrieved Aug 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r-5&num=0&edition=prelim
How much of my income do I keep in an Alabama nursing home?
You keep a personal needs allowance of $30 per month, the federal minimum, plus deductions for your Medicare and other health insurance premiums and, if you're married, a maintenance allowance for an at-home spouse. The remainder is your patient liability, paid to the facility. Medicaid covers the rest of the facility's rate.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), U.S. Code prelim (rolling current edition), Office of the Law Revision Counsel — the CSRA is the GREATEST of four alternatives, the dollar cap binds only clauses (i) and (ii)(II), the (d)(3)(C) income cap is expressly subject to adjustment under subsection (e), and the (e)(2) hearing and (f)(3)/(d)(5) court-order routes carry no dollar ceiling. uscode.house.gov. Retrieved Aug 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r-5&num=0&edition=prelim,U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(q)(2) — Minimum monthly personal needs allowance deduction (govinfo.gov USCODE). govinfo.gov. Retrieved Sep 4, 2026, from https://www.govinfo.gov/link/uscode/42/1396a
Can my spouse keep our assets if I go into a nursing home in Alabama?
Yes, within limits. Under the Community Spouse Resource Allowance the at-home spouse keeps the greater of $32,532 or half the couple's combined countable assets, capped at $162,660 in 2026, plus income up to a maintenance floor between $2,705.00 and $4,066.50 per month. These protections are separate from the nursing-home spouse's $2,000 asset limit.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), U.S. Code prelim (rolling current edition), Office of the Law Revision Counsel — the CSRA is the GREATEST of four alternatives; the dollar cap binds only clauses (i) and (ii)(II); (e)(2) fair-hearing and (f)(3) court-order routes carry no dollar amount. uscode.house.gov. Retrieved Sep 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r-5&num=0&edition=prelim
Will Alabama take my house if I go into a nursing home?
Not sold out from under you during your lifetime. The home is an exempt asset for eligibility while you're alive, though federal law does let a state record a lien on the real property of a nursing-facility resident who is determined, after notice and a hearing, unable to reasonably be expected to return home. Recovery itself comes after death, against the estate of a recipient who was 55 or older when they received medical assistance or who was permanently institutionalized at any age. It never proceeds while a surviving spouse is alive or while a surviving child is under 21, blind, or permanently and totally disabled, and each state must offer an undue-hardship waiver.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. §1396p(b)(1) chapeau — the prohibition on recovery of correctly paid medical assistance and the three mandatory exceptions (Office of the Law Revision Counsel, U.S. Code, prelim edition). uscode.house.gov. Retrieved Sep 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim
Learn More
Find personalized help mapping an Alabama Medicaid nursing home application at brevy.com.
The information on Brevy.com is for educational purposes only and is not a substitute for professional legal, financial, or medical advice. Rules vary by state and program and change frequently. Always verify with the relevant agency or a qualified professional. Brevy is not a law firm, financial advisor, or healthcare provider.