Colorado Medicaid pays for nursing home care through Health First Colorado, the state's Medicaid program. When a parent is admitted to a facility and the private-pay bill runs past ten thousand dollars a month, Health First Colorado is what covers long-term custodial care once Medicare's short rehab window closes.assets.carescout.com. (2025). CareScout — Cost of Care Survey 2025, Median Cost Data Tables (Colorado and USA National rows: annual, monthly, and home-care hourly/visit medians). Retrieved Aug 1, 2026, from https://assets.carescout.com/x/8fcb50422f/282102.pdf
This guide walks through how Colorado Medicaid nursing home coverage actually works in 2026: who qualifies medically and financially, the asset limit, the income cap and the income trust you may need if your income runs over it, what you keep each month, how the at-home spouse is protected, what the look-back period does, and how estate recovery affects the family home.
Does Colorado Medicaid Pay for Nursing Home Care?
It does. The only public program that pays for long-term custodial nursing home care in any real way is Medicaid, and in Colorado that program is Health First Colorado, run by the Colorado Department of Health Care Policy and Financing (HCPF). Medicare covers up to 100 days of skilled nursing care per benefit period after a qualifying three-day inpatient hospital stay, and even that is not free the whole way: days 1 through 20 are covered in full, days 21 through 100 carry a coinsurance of $217 a day in 2026, and after day 100 Medicare pays nothing.Centers for Medicare & Medicaid Services. (n.d.). SNF Care Coverage. medicare.gov. Retrieved Jun 23, 2026, from https://www.medicare.gov/coverage/skilled-nursing-facility-care 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 Health First Colorado fills.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
For a resident who qualifies, Health First Colorado pays the nursing facility directly for covered care. The resident contributes part of their own income toward the cost (the patient payment, explained below), and Health First Colorado covers the difference between that contribution and the facility's Medicaid rate. Clearing the clinical and financial tests described below is what opens that coverage. Ask HCPF or your county office about current processing timelines before you plan around a specific admission date.
What Health First Colorado 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.
Colorado Medicaid Nursing Home Medical Eligibility (Level of Care)
Before Health First Colorado pays for a nursing home, the resident has to need that level of care. Colorado uses a Nursing Facility Level of Care (NFLOC) assessment 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.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
There is no single federal NFLOC definition. Federal law has each state set its own assessment tool and threshold, so the bar varies, but every state's assessment looks at the same three things: physical function (help with activities of daily living such as transferring, toileting, eating, and managing medications), skilled-nursing or medical needs (wound care, injections, tube feeding, complex medication management), and cognitive impairment severe enough that the person needs supervision to stay safe. 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, after a stroke, a serious fall, or advancing dementia, clear this bar without difficulty.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
If the person's needs are real but could be met at home, the better fit may be one of Colorado's home- and community-based waiver programs rather than institutional Health First Colorado. Those programs apply the same $2,982 income cap and the same income trust requirement discussed below, which is worth knowing before you assume a nursing home is the only option.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf The spousal protections described later in this guide are written into Colorado's rules for the case where one spouse is institutionalized, so ask HCPF how they apply to a waiver applicant rather than assuming they carry over.
Colorado Medicaid Nursing Home Financial Eligibility: Assets and Income
This is where most families get stuck, and where Colorado's income-cap rule sets it apart from its neighbors.
The asset limit
A single nursing-home applicant is limited to $2,000 in countable assets, and a married couple where both spouses are applying to $3,000.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
Some assets don't count toward that limit at all:
- The primary residence, exempt during the resident's lifetime up to Colorado's home-equity limit of $1,130,000 in 2026. That is the top of the range federal law lets a state elect, and it is indexed each year.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,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 Because Colorado elects the maximum, that figure is scheduled to fall rather than keep climbing: a 2025 federal law (the One Big Beautiful Bill Act, Public Law 119-21) will cap the limit at a flat $1,000,000 for any home not on a lot zoned for agricultural use, effective January 1, 2028.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396p - Office of the Law Revision Counsel (prelim edition), Pub. L. 119-21 Sec. 71108 amendment. uscode.house.gov. Retrieved Sep 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim
- Household goods, personal effects, and one automobile. Where Colorado's spousal-protection rules apply, there is no limit on the value of these.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
Colorado's exempt-resource rules run longer than that short list, and which of your specific assets are excluded is a question for HCPF or your county eligibility site rather than for a general guide. Do not assume an asset is safe because it is commonly described as exempt.
When one spouse stays in the community, the at-home spouse keeps a much larger share, protected separately under the spousal rules below.
The income cap and Colorado's income trust
Colorado is an income-cap state. For nursing-facility coverage, the income limit is $2,982 a month, equal to 300% of the 2026 SSI Federal Benefit Rate of $994.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,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 That is a different design from a spend-down state like Missouri, which uses a medically needy spend-down for institutional Medicaid rather than a strict income cap paired with a trust.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Aug 4, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
If your gross monthly income is at or below $2,982, you clear the income test directly. If it's over the cap, you aren't simply disqualified. The income trust is the route back in, and it has an upper bound as well as a lower one: it is the mechanism for an applicant whose gross income exceeds the $2,982 standard but is still below the average private-pay nursing-facility rate for their region of Colorado. Within that band, you establish the trust (Colorado's term for a qualified income trust, also called a Miller Trust) and deposit the excess income into it each month. HCPF is a beneficiary of the trust alongside you for your lifetime, and when the trust terminates the trustee pays HCPF whatever remains in it, up to the total medical assistance Health First Colorado paid on your behalf.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
An applicant whose income runs above that regional private-pay rate falls outside the band HCPF's income trust form is written for, and that is a situation to take to an elder-law attorney rather than one a trust form solves. For everyone inside the band, the trust is the mechanism, so if income runs high, set one up before or alongside the application rather than after a denial.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
For a full walk-through of the income standards, exempt assets, and how the income trust is set up, see Colorado Medicaid eligibility and income limits.
The Look-Back Period and Transfer Penalties
When you apply for nursing-home Health First Colorado, the state reviews the previous 60 months of your finances. That five-year window is the look-back period, set by federal law and applied in Colorado. If you gave away money or property, or sold something for less than it was worth, during that window, the transfer can create a penalty period: a stretch of time when Medicaid will not pay for your nursing-home care even though you otherwise qualify.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,Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
The penalty isn't a flat number. The state divides the total value you transferred by Colorado's average monthly private-pay cost of nursing-facility care to get the number of months Medicaid won't pay, and that penalty period starts on the later of the transfer date or the date you would otherwise be eligible and receiving nursing-facility care. So a gift made years before a parent needs care may cause no problem, while the same gift made shortly before applying can delay coverage for months. Federal law also allows an undue-hardship waiver where the penalty would deprive the applicant of medical care or the necessities of life.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 practical takeaway is to flag any transfers early. Ordinary spending is fine; gifts, transfers to family, and below-market sales are what trigger the rule. An elder-law attorney can tell you whether a past transfer is a problem and how to structure things going forward.
What You Pay: Patient Payment
Once a resident is approved, the question becomes how much of their income goes to the facility each month. Colorado calls the resident's contribution the patient payment, and the math runs in a fixed order.
Start with the resident's gross monthly income. Subtract, in order:
- The personal needs allowance, $110.36 a month in Colorado, which the resident keeps for personal expenses like haircuts, clothing, and toiletries. That's well above the federal floor of $30 a month, which states must meet but are free to exceed, as Tennessee does at $70.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,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
- Health insurance premiums, including the Part B premium and any supplemental Medicare coverage premium.
- A monthly maintenance allowance for an at-home spouse, if there is one (covered in the next section).
Whatever remains is the patient payment the resident pays the facility. Health First Colorado pays the rest of the facility's Medicaid rate. The resident is never left without the $110.36 set aside for personal needs.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
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. Colorado applies these protections.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 couple's total countable resources, up to a 2026 maximum of $162,660. Colorado protects the couple's total up to that maximum rather than a one-half share. The institutionalized spouse is resource eligible once the couple's total resources are at or below that CSRA plus the individual $2,000 allowance.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,Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
- The Minimum Monthly Maintenance Needs Allowance (MMMNA) lets income shift from the nursing-home spouse to the at-home spouse. The floor is $2,705.00 a month for 2026, effective July 1, 2026. High shelter costs can lift the allowance above that floor, but only as far as a ceiling of $4,066.50 a month. Read $4,066.50 as a cap on what may be shifted, not as an amount an at-home spouse is entitled to.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 and the housing-cost calculation get technical fast, and because the difference can run into six figures, this is one area where it pays to get the numbers right. See Colorado spousal impoverishment protections for the full framework.
Estate Recovery After Nursing Home Care
After a Health First Colorado recipient who received long-term care dies, federal law requires the state to try to recover what it spent from the person's estate. Colorado runs a federally mandated estate recovery program through HCPF, with the standard federal exceptions.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 applies to the estate of a recipient who was 55 or older and received long-term-care services. A few protections limit when and how the state can collect:
- There is no recovery while a surviving spouse is alive.
- Recovery may not be made while there is a surviving child who is under 21, or who is blind or permanently and totally disabled.
- An undue-hardship waiver is available where recovery would create real hardship for survivors.
The home is exempt while the resident is alive, but it can be subject to recovery from the estate after death unless one of these exceptions applies. Because the home is usually the largest asset at stake, this is a planning conversation worth having with an elder-law attorney before a parent enters a facility. For the full mechanics, see Colorado Medicaid estate recovery.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
Applying and "Medicaid Pending" Admissions
You can apply for nursing-home Health First Colorado online through Colorado PEAK, at a county human-services office, or by phone through the Member Contact Center at 1-800-221-3943. Gather proof of income, bank statements, the deed or lease, life-insurance policies, and burial arrangements before you start, since the financial review turns on documentation.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
Many families face a hard question: a parent needs to move into a facility now, but the Medicaid application can take weeks to process. This is where "Medicaid pending" admission comes in. A facility that accepts a Medicaid-pending resident admits the person and holds the bed while the application is reviewed, on the expectation that Health First Colorado will approve coverage and pay retroactively for the covered period. If the application is approved, Medicaid pays from the eligibility date, often back to the start of the month of application or earlier for covered care. If it is denied, the family is responsible for the private-pay bill for the period the resident was in the facility, which is why facilities vary in how readily they accept pending admissions and how they bill in the meantime.
Before a pending admission, ask the facility in writing how it bills during the pending period, whether it requires a deposit, and what happens if the application is denied or delayed. Apply promptly and respond fast to any request for documents, because the patient payment and any retroactive coverage both turn on the eligibility date the state assigns.
How to Find a Colorado Medicaid Nursing Home
Almost every nursing home in Colorado is certified to accept Health First Colorado, 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 Health First Colorado beds do you currently have open?
- What is your current five-star rating, and have you had deficiencies in the past year?
- What is 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 Health First Colorado pay for nursing home care?
Yes. Health First Colorado 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 qualifying hospital stay, up to 100 days per benefit period and with a $217 daily coinsurance from day 21, and does not cover long-term custodial care.Centers for Medicare & Medicaid Services. (n.d.). SNF Care Coverage. medicare.gov. Retrieved Jun 23, 2026, from https://www.medicare.gov/coverage/skilled-nursing-facility-care
What is the income limit for Colorado nursing home Medicaid?
The income cap is $2,982 a month in 2026 (300% of the SSI Federal Benefit Rate). Colorado is an income-cap state, so an applicant whose gross income exceeds the cap but stays below the average private-pay nursing-facility rate for their region of Colorado must establish an income trust (a qualified income trust, also called a Miller Trust) and deposit the excess into it each month to qualify.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,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
Do I need a Miller Trust in Colorado?
Yes, if your gross monthly income is over $2,982 and still below the average private-pay nursing-facility rate for your region of Colorado. Colorado calls it an income trust. You deposit income above the cap into the trust each month; HCPF is a beneficiary alongside you for your lifetime, and when the trust terminates the trustee pays HCPF what remains, up to the total medical assistance paid on your behalf. Income above that regional private-pay rate falls outside the band HCPF's income trust form is written for, so take that case to an elder-law attorney.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
How much of my income do I keep in a Colorado nursing home?
You keep a personal needs allowance of $110.36 a month, well above the federal floor of $30, 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 payment, paid to the facility.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,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
What is the look-back period in Colorado?
Colorado applies the federal 60-month (five-year) look-back to gifts and below-market transfers. A transfer during that window can trigger a penalty period, calculated by dividing the amount transferred by the state's average private-pay nursing-home cost, during which Medicaid won't pay. An undue-hardship waiver is available.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
Can my spouse keep our assets if I go into a nursing home?
Yes, within limits. Under the Community Spouse Resource Allowance, the at-home spouse can keep the couple's total countable resources up to $162,660 in 2026 (Colorado protects the couple's total up to that maximum rather than a one-half share), plus a monthly income allowance that starts at a floor of $2,705.00 and can rise with shelter costs only as far as a ceiling of $4,066.50. 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,Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
Will Colorado take my house if I go into a nursing home?
Not during your lifetime, when the home is an exempt asset up to Colorado's home-equity limit of $1,130,000 in 2026. After death, Health First Colorado can pursue recovery from the estate of a recipient 55 or older who received long-term care, but not while a surviving spouse is living, and not while there is a surviving child who is under 21 or who is blind or permanently and totally disabled. An undue-hardship waiver is available. Talk to an elder-law attorney about how the home is titled.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,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
Learn More
Find personalized help mapping a Colorado 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.