For a single older adult, the Medicaid asset limit is commonly about $2,000, but only countable assets are measured against it, so a home and one car don't by themselves put an applicant over.U.S. Social Security Administration. (n.d.). SSI Resources. ssa.gov. Retrieved Oct 13, 2026, from https://www.ssa.gov/ssi/text-resources-ussi.htm In most states, what counts as an asset for Medicaid follows the Supplemental Security Income (SSI) resource rules, which exclude the home you live in, one car used for transportation, household goods and personal effects, burial funds of up to $1,500 each for you and your spouse, and life insurance with a combined face value of $1,500 or less, each under its own condition.U.S. Social Security Administration. (n.d.). SSI Resources. ssa.gov. Retrieved Jul 22, 2026, from https://www.ssa.gov/ssi/text-resources-ussi.htm
In This Guide
- Countable vs. Exempt Assets at a Glance
- Where the Medicaid Asset Limit Comes From
- Does Medicaid Count Your House as an Asset?
- Does a Car Count as an Asset for Medicaid?
- Life Insurance, Burial Funds and Household Goods
- Married Couples and MAGI Groups
- Can You Turn Countable Assets Into Exempt Ones?
- Your State May Differ: Your Next Steps
- Frequently Asked Questions
Countable vs. Exempt Assets at a Glance
The table sorts everyday assets under the federal SSI rules. Those rules are the federal baseline for aged, blind and disabled Medicaid, not automatically every state's rule.U.S. Government Publishing Office. (n.d.). 20 CFR § 416.1230 — Exclusion of life insurance (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-20/chapter-III/part-416/subpart-L/section-416.1230 The Social Security Administration (SSA) publishes its own list of resources that don't count, and that list is longer than this table, so don't total your assets against it and conclude you're over the limit.U.S. Social Security Administration. (n.d.). SSI Resources. ssa.gov. Retrieved Aug 5, 2026, from https://www.ssa.gov/ssi/text-resources-ussi.htm Beyond its main list of nine exclusions, SSA lists further exclusions under a second heading, so even its own list isn't closed.U.S. Social Security Administration. (n.d.). SSI Resources. ssa.gov. Retrieved Jun 26, 2026, from https://www.ssa.gov/ssi/text-resources-ussi.htm
| Asset | Usual status | The condition or cap that can change it |
|---|---|---|
| The home you live in and the land it's onU.S. Social Security Administration. (n.d.). SSA POMS SI 01130.100 - The Home Exclusion (absences, intent to return, exceptions). secure.ssa.gov. Retrieved Oct 2, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501130100,U.S. Social Security Administration. (n.d.). Social Security Act sec. 1917(f) [42 U.S.C. 1396p(f)] - Disqualification for long-term care assistance for individuals with substantial home equity, including the (f)(2) exception, the (f)(3) reverse-mortgage route and the (f)(4) hardship waiver (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1917.htm | Exempt, regardless of value | Becomes countable if you move out with no intent to return and no other exception applies. For long-term care in 2026, equity above $752,000 (or a state's higher limit, up to $1,130,000) disqualifies an applicant with no spouse or protected child living there |
| One carU.S. Social Security Administration. (n.d.). POMS SI 01130.200 — Automobiles and Other Vehicles Used For Transportation (SSA). secure.ssa.gov. Retrieved Oct 2, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501130200 | Exempt, regardless of value | Must be used to transport you or a household member. An unused car, or any car beyond the first, counts at its equity value |
| Household goods and personal effectsU.S. Social Security Administration. (n.d.). SSI Resources. ssa.gov. Retrieved Aug 5, 2026, from https://www.ssa.gov/ssi/text-resources-ussi.htm | Exempt | On SSA's list of resources that don't count |
| Life insuranceU.S. Social Security Administration. (n.d.). SSI Resources. ssa.gov. Retrieved Jul 22, 2026, from https://www.ssa.gov/ssi/text-resources-ussi.htm | Exempt if the combined face value of policies on one person is $1,500 or less | Above $1,500 in face value, the combined cash surrender value counts. Term and burial insurance aren't added into the face value |
| Burial fundsU.S. Government Publishing Office. (n.d.). 20 CFR § 416.1230 — Exclusion of life insurance (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-20/chapter-III/part-416/subpart-L/section-416.1230,U.S. Social Security Administration. (n.d.). SSI Resources. ssa.gov. Retrieved Jul 22, 2026, from https://www.ssa.gov/ssi/text-resources-ussi.htm | Exempt up to $1,500 each for you and your spouse | Must be kept separate and clearly set aside for burial. The $1,500 is reduced by excluded life insurance, burial insurance and irrevocable burial arrangements |
| Burial spacesU.S. Social Security Administration. (n.d.). SSI Resources. ssa.gov. Retrieved Jun 26, 2026, from https://www.ssa.gov/ssi/text-resources-ussi.htm | Exempt | Covers spaces for you or your immediate family |
| Property used in a trade or business or on your jobU.S. Social Security Administration. (n.d.). SSI Resources. ssa.gov. Retrieved Jun 26, 2026, from https://www.ssa.gov/ssi/text-resources-ussi.htm | Exempt | Property you or your spouse use in that trade, business or job |
| ABLE accountU.S. Social Security Administration. (n.d.). SSI Resources. ssa.gov. Retrieved Jun 26, 2026, from https://www.ssa.gov/ssi/text-resources-ussi.htm | Exempt up to $100,000 | Funds above $100,000 aren't covered by this exclusion |
| Federal tax refunds and creditsU.S. Social Security Administration. (n.d.). SSI Resources. ssa.gov. Retrieved Aug 5, 2026, from https://www.ssa.gov/ssi/text-resources-ussi.htm | Exempt for 12 months after you receive them | The exclusion is time-limited |
| An annuity bought by a long-term care applicant or spouseU.S. Government Publishing Office. (2024). 42 U.S.C. 1396p(c)(1)(F),(G), 1396p(c)(2) and 1396p(e)(1) - United States Code, 2024 Edition (govinfo.gov, GPO). govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396p.htm | Depends | Treated as an asset for transfer purposes unless it's a retirement-type annuity or meets every federal test, and the State must be named remainder beneficiary |
| A (d)(4)(A) or (d)(4)(C) special needs trustU.S. Government Publishing Office. (2024). 42 U.S.C. 1396p — Liens, adjustments and recoveries, and transfers of assets (govinfo, United States Code, 2024 Edition). govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396p.htm | Exempt from Medicaid's trust-counting rules if it meets the federal conditions | A (d)(4)(A) trust must repay the State at the person's death and must be set up for a disabled person under 65. A (d)(4)(C) pooled trust repays the State for any funds it doesn't retain at death |
| Resources no exclusion coversU.S. Social Security Administration. (n.d.). SSI Resources. ssa.gov. Retrieved Oct 13, 2026, from https://www.ssa.gov/ssi/text-resources-ussi.htm | Countable | The limit is measured against nonexcludable resources |
Where the Medicaid Asset Limit Comes From
The SSI resource limit is $2,000 for an individual and $3,000 for a couple, and it hasn't changed since January 1, 1989, under 20 CFR 416.1205.U.S. Social Security Administration. (n.d.). SSI Resources. ssa.gov. Retrieved Oct 13, 2026, from https://www.ssa.gov/ssi/text-resources-ussi.htm Unlike SSI payment amounts, the resource limits aren't adjusted for inflation, so they don't rise with the annual cost-of-living adjustment.U.S. Social Security Administration. (n.d.). SSI Resources. ssa.gov. Retrieved Jun 26, 2026, from https://www.ssa.gov/ssi/text-resources-ussi.htm
Medicaid ties into those rules through federal regulation. 42 CFR 435.601 requires a state determining financial eligibility for aged, blind and disabled groups to apply the SSI income and resource methodologies, subject to state options that can make them more or less restrictive, which is why a single applicant for nursing home Medicaid commonly faces a countable-asset limit of about $2,000.U.S. Social Security Administration. (n.d.). SSI Resources. ssa.gov. Retrieved Oct 13, 2026, from https://www.ssa.gov/ssi/text-resources-ussi.htm,U.S. Government Publishing Office. (n.d.). 20 CFR § 416.1230 — Exclusion of life insurance (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-20/chapter-III/part-416/subpart-L/section-416.1230
Why your state's limit may be different
States connect Medicaid to SSI in three ways, and the structure decides how closely a state follows the SSI rules.U.S. Social Security Administration. (n.d.). SSA, Social Security Bulletin Vol. 76 No. 3 — State Medicaid Eligibility and Enrollment Policies among Disabled SSI Recipients. ssa.gov. Retrieved Oct 13, 2026, from https://www.ssa.gov/policy/docs/ssb/v76n3/v76n3p17.html
| State typeU.S. Social Security Administration. (n.d.). SSA, Social Security Bulletin Vol. 76 No. 3 — State Medicaid Eligibility and Enrollment Policies among Disabled SSI Recipients. ssa.gov. Retrieved Oct 13, 2026, from https://www.ssa.gov/policy/docs/ssb/v76n3/v76n3p17.html | Eligibility criteria compared with SSI's | What it means for an SSI recipient |
|---|---|---|
| 1634 States (most states) | Same as SSI | SSA makes the Medicaid determination under an agreement with the state, so an SSI award generally enrolls the person in Medicaid with no separate application. SSA decides only for recipients who meet certain citizenship or immigration requirements and refers anyone who may not to the state, which makes its own decision |
| SSI-criteria states (a small group) | Same as SSI | The state makes its own determination, so the person files a separate Medicaid application |
| 209(b) States | At least one criterion more restrictive, such as a lower resource standard | Some SSI recipients don't qualify for Medicaid on the state's ordinary standard |
A 209(b) state's requirements can be no more restrictive than its Medicaid plan in effect on January 1, 1972.U.S. Social Security Administration. (n.d.). SSA, Social Security Bulletin Vol. 76 No. 3 — State Medicaid Eligibility and Enrollment Policies among Disabled SSI Recipients. ssa.gov. Retrieved Oct 13, 2026, from https://www.ssa.gov/policy/docs/ssb/v76n3/v76n3p17.html
States can also go the other way. Federal rules let a state use resource methodologies less restrictive than SSI's, and some states have raised or eliminated the asset limit.U.S. Social Security Administration. (n.d.). SSI Resources. ssa.gov. Retrieved Oct 13, 2026, from https://www.ssa.gov/ssi/text-resources-ussi.htm California's Medi-Cal, for example, now applies a reinstated asset limit of $130,000 for one person (see California's asset limits).U.S. Social Security Administration. (n.d.). Social Security Act sec. 1917(c) [42 U.S.C. 1396p(c)] - Taking into account certain transfers of assets: look-back date, penalty period, start date, divisor, and the (c)(2) exceptions (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1917.htm
Does Medicaid Count Your House as an Asset?
Under the SSI rules, the home you live in, and the land it's on, is excluded regardless of its value.U.S. Social Security Administration. (n.d.). SSA POMS SI 01130.100 - The Home Exclusion (absences, intent to return, exceptions). secure.ssa.gov. Retrieved Oct 2, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501130100,U.S. Social Security Administration. (n.d.). SSI Resources. ssa.gov. Retrieved Aug 5, 2026, from https://www.ssa.gov/ssi/text-resources-ussi.htm Two things can change that for a Medicaid applicant: moving out of the home, and, for long-term care, the federal home equity limit.
Moving into a nursing home: the intent to return
A home stays excluded under SSI rules while its owner is away if the owner intends to return. The owner's own statement of intent governs unless the statement is self-contradictory, and for a mentally competent person SSA doesn't weigh other factors such as age or physical condition.U.S. Social Security Administration. (n.d.). SSA POMS SI 01130.100 - The Home Exclusion (absences, intent to return, exceptions). secure.ssa.gov. Retrieved Oct 2, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501130100
A separate exception keeps the home excluded, whatever the owner's intent, while a spouse or dependent relative continues to live there. The SSI exception for a home where a spouse or dependent relative still lives is written for someone who leaves to live in an institution, so it doesn't cover a parent who moves permanently into an adult child's home.U.S. Social Security Administration. (n.d.). SSA POMS SI 01130.100 - The Home Exclusion (absences, intent to return, exceptions). secure.ssa.gov. Retrieved Oct 2, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501130100
If the owner moves out with no intent to return and no other exclusion applies, the home becomes a countable resource, and its equity counts from the first day of the month after the month it stopped being the owner's principal residence. Whether a particular state's Medicaid treats a vacated home exactly as SSI does has to be checked with that state.U.S. Social Security Administration. (n.d.). SSA POMS SI 01130.100 - The Home Exclusion (absences, intent to return, exceptions). secure.ssa.gov. Retrieved Oct 2, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501130100 Keeping a home exempt at application is a different question from what Medicaid can recover from an estate later, which our estate recovery guide covers.
The home equity limit for long-term care
For nursing facility services and other long-term care, federal law at 42 USC 1396p adds a cap on home equity. In 2026, an applicant whose equity interest in the home exceeds $752,000 isn't eligible for long-term care assistance, and a state may substitute a higher limit of up to $1,130,000. The $752,000 home equity limit and the $1,130,000 state maximum are both increased each year based on the Consumer Price Index.U.S. Social Security Administration. (n.d.). Social Security Act sec. 1917(f) [42 U.S.C. 1396p(f)] - Disqualification for long-term care assistance for individuals with substantial home equity, including the (f)(2) exception, the (f)(3) reverse-mortgage route and the (f)(4) hardship waiver (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1917.htm
The equity limit doesn't apply at all when the applicant's spouse, child under 21, or child of any age who is blind or permanently and totally disabled is lawfully living in the home.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396p(f) - Disqualification for long-term care assistance for individuals with substantial home equity (United States Code, 2024 Edition, U.S. Government Publishing Office, govinfo.gov). govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396p.htm For an applicant without such a relative at home, the statute keeps two routes open: a reverse mortgage or home equity loan can reduce the equity interest, and the limit can be waived in a case of demonstrated hardship.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396p(f) - Disqualification for long-term care assistance for individuals with substantial home equity (United States Code, 2024 Edition, U.S. Government Publishing Office, govinfo.gov). govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396p.htm,U.S. Social Security Administration. (n.d.). Social Security Act sec. 1917(f) [42 U.S.C. 1396p(f)] - Disqualification for long-term care assistance for individuals with substantial home equity, including the (f)(2) exception, the (f)(3) reverse-mortgage route and the (f)(4) hardship waiver (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1917.htm
What changes in 2028
H.R. 1, signed July 4, 2025, changes the home equity limit for long-term care. Beginning January 1, 2028, the long-term care home equity limit is capped at $1,000,000 for any home not on a lot zoned for agricultural use, and that $1,000,000 ceiling isn't raised for inflation. The spouse and child exception, the reverse mortgage and home equity loan route, and the hardship waiver are untouched by the change.U.S. Government Publishing Office. (2025). Public Law 119-21 (July 4, 2025), Sec. 71108, Revising home equity limit for determining eligibility for long-term care services under the Medicaid program (139 Stat. 296-297), govinfo.gov. govinfo.gov. Retrieved Oct 15, 2026, from https://www.govinfo.gov/content/pkg/PLAW-119publ21/pdf/PLAW-119publ21.pdf Our guide to Medicaid's OBBBA changes covers the law's other Medicaid provisions.
Does a Car Count as an Asset for Medicaid?
Under the SSI rules, one automobile per household is excluded regardless of its value if it's used for transportation of the applicant or a member of the household. That test covers a car the applicant is driven in by someone else, and SSA instructs its staff to assume someone in the household uses the car unless there's evidence to the contrary.U.S. Social Security Administration. (n.d.). POMS SI 01130.200 — Automobiles and Other Vehicles Used For Transportation (SSA). secure.ssa.gov. Retrieved Oct 2, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501130200
A car that isn't used for transportation counts at its equity value, meaning the price it could sell for in the local market minus anything owed on it, unless another exclusion applies. Any car beyond the one excluded counts at its equity value too. A temporarily inoperable car stays excluded if the owner says it will be used for transportation within 12 calendar months after the month of the decision.U.S. Social Security Administration. (n.d.). POMS SI 01130.200 — Automobiles and Other Vehicles Used For Transportation (SSA). secure.ssa.gov. Retrieved Oct 2, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501130200
These are SSI rules, so confirm how your state's Medicaid program counts a vehicle before selling or buying one.
Life Insurance, Burial Funds and Household Goods
Life insurance counts at its cash surrender value, except when the total face value of all policies on any one person is $1,500 or less. In that case none of the cash surrender value counts. Term insurance and burial insurance aren't added in when figuring that face value.U.S. Government Publishing Office. (n.d.). 20 CFR § 416.1230 — Exclusion of life insurance (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-20/chapter-III/part-416/subpart-L/section-416.1230 Once the face value of the counted policies passes $1,500, their combined cash surrender value counts as a resource.U.S. Social Security Administration. (n.d.). SSI Resources. ssa.gov. Retrieved Jul 22, 2026, from https://www.ssa.gov/ssi/text-resources-ussi.htm If the policy came from the VA, our guide to VA life insurance for older veterans explains which kind you hold.
Burial funds of up to $1,500 each for the applicant and a spouse are excluded, but only if the money is kept separate from other resources and clearly designated for burial expenses.U.S. Government Publishing Office. (n.d.). 20 CFR § 416.1230 — Exclusion of life insurance (eCFR, current). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-20/chapter-III/part-416/subpart-L/section-416.1230 If excluded burial funds are mixed with money not meant for burial, the exclusion applies to none of the funds, so burial money kept in the same account as everyday savings loses its exclusion.U.S. Social Security Administration. (n.d.). SSI Resources. ssa.gov. Retrieved Jul 22, 2026, from https://www.ssa.gov/ssi/text-resources-ussi.htm The two $1,500 exclusions don't simply stack. Each person's burial-fund exclusion is reduced by the face value of life insurance whose cash surrender value is already excluded, and by amounts in an irrevocable burial trust or arrangement. SSA's operating manual also reduces it by the face value of any burial insurance policy, even though burial insurance isn't counted in the life insurance face-value total. Both $1,500 figures are fixed amounts that aren't indexed for inflation.U.S. Social Security Administration. (n.d.). SSI Resources. ssa.gov. Retrieved Jul 22, 2026, from https://www.ssa.gov/ssi/text-resources-ussi.htm
Burial spaces for you or your immediate family are a separate exclusion from burial funds.U.S. Social Security Administration. (n.d.). SSI Resources. ssa.gov. Retrieved Jun 26, 2026, from https://www.ssa.gov/ssi/text-resources-ussi.htm
Household goods and personal effects are on SSA's list of resources that don't count, as is property you or your spouse use in a trade or business or on your job.U.S. Social Security Administration. (n.d.). SSI Resources. ssa.gov. Retrieved Jun 26, 2026, from https://www.ssa.gov/ssi/text-resources-ussi.htm
Married Couples and MAGI Groups
When one spouse needs nursing home care
When one spouse needs long-term care and the other stays at home, the federal spousal impoverishment rules in 42 USC 1396r-5 set resource standards for the at-home spouse. For 2026, the federal minimum resource standard for the at-home (community) spouse is $32,532 and the maximum is $162,660, and each state elects its standard within that range. Those figures don't cap the Community Spouse Resource Allowance (CSRA) itself: an amount set through a fair hearing or a court order can lawfully exceed $162,660.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), United States Code, 2024 Edition, U.S. Government Publishing Office (govinfo) — 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. govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396r-5.htm Our spousal impoverishment guide walks through how the CSRA is calculated.
MAGI groups have no asset test
Medicaid for the adult expansion group, children, pregnant women, and parents and caretaker relatives is based on Modified Adjusted Gross Income (MAGI), and federal law bars states from applying any asset or resource test to those groups.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396a(e)(14)(B)-(D), (I)-(J) — MAGI: no income or expense disregards, no assets test, the excepted populations, and the two disregards the statute does allow (govinfo.gov, U.S. Code 2024 main edition). govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396a.htm
The MAGI rules don't apply to several groups, among them people age 65 or older when age is a condition of eligibility, people whose eligibility is being determined on the basis of blindness or disability, and people requesting long-term care services and supports. For them, the agency uses the financial methods in 42 CFR 435.601 and 435.602 instead. The blindness and disability exception applies only when eligibility is being determined on that basis, and being disabled or over 65 doesn't by itself move a person out of MAGI, so someone who qualifies through a MAGI group is still judged under MAGI, with no asset test.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396a(e)(14)(B)-(D), (I)-(J) — MAGI: no income or expense disregards, no assets test, the excepted populations, and the two disregards the statute does allow (govinfo.gov, U.S. Code 2024 main edition). govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396a.htm
Can You Turn Countable Assets Into Exempt Ones?
Some ways of restructuring assets are written into federal law, and each comes with conditions a family can fail. Because a misstep can cost months of nursing home coverage, it's worth having an elder law attorney review a plan before any money moves.
Paying fair market value, and the look-back
Medicaid's transfer-of-assets penalty is triggered only by a disposal of assets for less than fair market value. Selling or transferring an asset and receiving fair value back doesn't create a penalty period.U.S. Government Publishing Office. (2024). 42 USC 1396p(c) — Taking into account certain transfers of assets (govinfo.gov, United States Code, 2024 Edition). govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396p.htm
Transfers for less than fair market value are reviewed over a 60-month look-back that runs backward from the Medicaid application, not from the transfer. Unless an exception applies, a transfer caught by the look-back produces a penalty period, calculated by dividing the total uncompensated value by the state's average monthly private-pay cost of nursing facility care. During the penalty, Medicaid won't pay for nursing facility care, an equivalent institutional level of care, or waiver-funded home and community-based services; the rest of the person's Medicaid coverage isn't withdrawn by this rule.U.S. Social Security Administration. (n.d.). Social Security Act sec. 1917(c) [42 U.S.C. 1396p(c)] - Taking into account certain transfers of assets: look-back date, penalty period, start date, divisor, and the (c)(2) exceptions (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1917.htm California departs from the 60-month rule: from January 1, 2026, Medi-Cal applies a 30-month look-back for nursing facility care, counting only transfers made on or after that date.U.S. Social Security Administration. (n.d.). Social Security Act sec. 1917(c) [42 U.S.C. 1396p(c)] - Taking into account certain transfers of assets: look-back date, penalty period, start date, divisor, and the (c)(2) exceptions (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1917.htm Our look-back guide covers the exceptions and penalty math in full.
Medicaid-compliant annuities
An annuity bought by a long-term care applicant or spouse is treated as an asset for transfer purposes unless it's a retirement-type annuity, or it meets every one of these federal tests: it's irrevocable and nonassignable, it's actuarially sound under the actuarial publications of SSA's Office of the Chief Actuary, and it pays equal amounts during its term with no deferral and no balloon payments.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396p(c)(1)(F),(G), 1396p(c)(2) and 1396p(e)(1) - United States Code, 2024 Edition (govinfo.gov, GPO). govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396p.htm
Separately, buying an annuity is treated as a transfer for less than fair market value unless the State is named remainder beneficiary, either in first position for at least the medical assistance paid, or in second position after a community spouse or a minor or disabled child, moving to first position if that spouse or a child's representative disposes of the remainder for less than fair market value. Every annuity interest must also be disclosed on the application, and states add requirements of their own, so the federal tests are a floor.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396p(c)(1)(F),(G), 1396p(c)(2) and 1396p(e)(1) - United States Code, 2024 Edition (govinfo.gov, GPO). govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396p.htm Our guide to using an annuity to pay for senior care covers the income side.
Special needs trusts: (d)(4)(A) and (d)(4)(C)
A first-party special needs trust under 42 USC 1396p(d)(4)(A) is exempt from Medicaid's trust-counting rules and from the transfer penalty, but only if it's set up for an individual under 65 who is disabled. The State must be repaid from what's left in the trust at the person's death, up to the total medical assistance it paid. The exception doesn't apply to a trust established for someone 65 or older. A trust set up before 65 keeps qualifying after the person turns 65, though additions made after 65 don't qualify.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396p — Liens, adjustments and recoveries, and transfers of assets (govinfo, United States Code, 2024 Edition). govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396p.htm
A pooled trust under 42 USC 1396p(d)(4)(C) is established and managed by a nonprofit association that keeps a separate account for each disabled beneficiary. The statute sets no age cap, but SSA warns that a transfer of resources into the trust for someone 65 or over may result in a transfer penalty.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396p(d)(4)(A) and (d)(4)(C) — trust exceptions (govinfo, United States Code, 2024 Edition). govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396p.htm For either kind of trust, meeting the exception isn't the end of the review: for SSI purposes, the trust must still be evaluated to decide whether it's a countable resource.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396p — Liens, adjustments and recoveries, and transfers of assets (govinfo, United States Code, 2024 Edition). govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396p.htm Our guide to special needs trusts and pooled trusts for Medicaid covers both in depth.
Your State May Differ: Your Next Steps
Everything above is the federal baseline. Before deciding an asset has to go, work through these steps.
Find your state's own limit in our Medicaid income limits by state hub, or for nursing home care, our nursing home Medicaid by state guide
List each asset with its value and the condition from the table above that applies to it
If your parent has an IRA or 401(k), ask the state Medicaid office how it will count it, including one that's already paying out, before moving any money
Read the look-back rules before giving anything away or adding anyone to a title
Frequently Asked Questions
What happens if we sell a parent's house to pay for care?
Selling replaces an excluded home with cash. Under the SSI rules, the sale proceeds are excluded only if they're used to buy another excluded home within 3 full calendar months of receiving them. If they aren't, the exclusion is revoked back to the date the money arrived, and the cash counts against the asset limit.Internal Revenue Service. (2025). Publication 523 (2025), Selling Your Home. irs.gov. Retrieved Oct 13, 2026, from https://www.irs.gov/publications/p523 A sale for less than fair market value can also trigger a transfer penalty.U.S. Government Publishing Office. (2024). 42 USC 1396p(c) — Taking into account certain transfers of assets (govinfo.gov, United States Code, 2024 Edition). govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396p.htm,Internal Revenue Service. (2025). Publication 523 (2025), Selling Your Home. irs.gov. Retrieved Oct 13, 2026, from https://www.irs.gov/publications/p523
Does renting out the house change whether it counts?
Renting keeps the home as an asset, so whether it stays excluded still turns on the intent-to-return and spouse-or-relative rules above.U.S. Social Security Administration. (n.d.). SSA POMS SI 01130.100 - The Home Exclusion (absences, intent to return, exceptions). secure.ssa.gov. Retrieved Oct 2, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501130100 The rent itself is a separate issue: under SSI rules, net rental income (rent minus the ordinary and necessary expenses paid in the same tax year) counts as unearned income unless renting property is your business, and depreciation isn't a deductible expense for that purpose.Internal Revenue Service. (2025). Publication 523 (2025), Selling Your Home. irs.gov. Retrieved Oct 13, 2026, from https://www.irs.gov/publications/p523
Does an IRA or 401(k) count as an asset for Medicaid?
That's decided by state Medicaid rules, and it varies by state. Federal tax rules on IRA and 401(k) withdrawals don't settle how a retirement account counts for Medicaid eligibility, so ask your state's Medicaid office before cashing one out. A withdrawal from a traditional IRA is generally taxed as ordinary income in the year you take it.Internal Revenue Service. (2025). Publication 590-B (2025), Distributions from Individual Retirement Arrangements (IRAs). irs.gov. Retrieved Oct 12, 2026, from https://www.irs.gov/publications/p590b
Can I buy a life estate in my child's home to protect savings?
Only if the federal conditions are met. Federal law treats money used to buy a life estate in someone else's home as a transfer of assets unless the buyer lives in the home for at least one year after the purchase. If the buyer doesn't, the whole purchase price is the amount transferred. Even after a year, if the price was more than the life estate's fair market value under SSA's life-estate tables, the difference is a transfer.U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396p — Liens, adjustments and recoveries, and transfers of assets (U.S. Code, most recent edition, govinfo.gov). govinfo.gov. Retrieved Oct 2, 2026, from https://www.govinfo.gov/link/uscode/42/1396p?link-type=html
Can I give my house to my child to qualify for Medicaid?
Sometimes, without a penalty. Federal law exempts a transfer of the home to a spouse; to a child under 21 or a child who is blind or permanently and totally disabled; to a sibling with an equity interest who lived there at least one year before institutionalization; or to a son or daughter who lived there at least two years before institutionalization and provided care that let the parent stay home. Other gifts of the home inside the 60-month look-back can trigger a penalty period unless another exception applies, such as the undue-hardship waiver.U.S. Social Security Administration. (n.d.). Social Security Act sec. 1917(c) [42 U.S.C. 1396p(c)] - Taking into account certain transfers of assets: look-back date, penalty period, start date, divisor, and the (c)(2) exceptions (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1917.htm
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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.
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