Kentucky Medicaid pays for nursing home care once Medicare's short rehabilitation window runs out. If a parent has been admitted to a facility and the monthly bill is climbing past seven thousand dollars, this is the program that covers long-term custodial care.
This guide walks through how Kentucky Medicaid nursing home coverage works in 2026: who qualifies medically and financially, the asset limit, how the medically needy spend-down handles higher income, how much of your income goes to the facility, how the at-home spouse is protected, and what estate recovery means for the family home.
In This Guide
- Does Kentucky Medicaid Pay for Nursing Home Care?
- Medical Eligibility: Nursing-Facility Level of Care
- Financial Eligibility: Assets and Income
- The Five-Year Look-Back
- What You Pay: Patient Liability
- Protecting the At-Home Spouse
- Estate Recovery After Nursing Home Care
- How to Find a Kentucky Medicaid Nursing Home
- Frequently Asked Questions
- Learn More
Does Kentucky 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 Kentucky it's run by the Kentucky Department for Medicaid Services (DMS), part of the Cabinet for Health and Family Services (CHFS). Medicare covers up to 100 days of skilled nursing care after a qualifying hospital stay, and then it stops. The custodial care most nursing home residents need long-term, the daily help with bathing, dressing, eating, and moving, isn't something Medicare pays for. That's the gap Kentucky Medicaid 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, Medicaid pays the nursing facility directly for covered care. The resident contributes part of their own income (the patient liability, explained below), and Medicaid covers the difference between that contribution and the facility's Medicaid rate. Nursing facility care is a state plan benefit rather than a capped waiver program, so it isn't rationed by the enrollment caps that can put home-based waiver programs on a waiting list. If you meet the clinical and financial criteria, the coverage is there.
What Medicaid pays for inside the facility:
- Room and board.
- Nursing care and help with daily activities.
- Prescription drugs and medical supplies covered under the daily rate.
- Physician services and therapies.
To get there, an applicant has to clear two separate tests: a medical one and a financial one.
Medical Eligibility: Nursing-Facility Level of Care
Before Medicaid pays for a nursing home, the resident has to need that level of care. Kentucky 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. There is no single federal NFLOC definition; federal law has each state set its own assessment instrument and threshold, and Kentucky applies its own.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
In practice, a level-of-care assessment looks at three things: physical function (how much help the person needs with activities of daily living such as transferring, toileting, eating, and bathing), skilled-nursing or medical needs (wound care, injections, complex medication management), and cognitive or behavioral impairment (the supervision dementia can require to keep someone safe). A physician documents the need, and the facility's admission process and the resident's medical records support it.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 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 Kentucky's Home and Community-Based Services (HCBS) waiver programs rather than institutional Medicaid, which is worth knowing before you assume a nursing home is the only option. The spousal protections described later in this guide are written for the nursing-facility case; whether and how they extend to a waiver applicant is a separate question, so ask DCBS about your specific program before you count on them.
Financial Eligibility: Assets and Income
This is where most families get stuck, and where the details matter most.
The asset limit
For long-term-care Medicaid, a single nursing-home applicant is limited to $2,000 in countable assets. Kentucky sets its own resource standard rather than borrowing the federal SSI couple figure, so a married couple with both spouses applying is limited to $4,000, which is $1,000 more than the $3,000 SSI couple limit families often see quoted. When only one spouse needs care, the at-home spouse's share is protected separately under the spousal rules described later.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: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 primary residence. Kentucky excludes the homestead as a resource without a value cap, but it separately bars long-term-care coverage when home equity exceeds the federal limit under 42 U.S.C. 1396p(f). That limit is $752,000 for 2026 unless the state elects a higher amount, up to a $1,130,000 maximum. That equity bar does not apply at all while a spouse, a child under 21, or a blind or permanently and totally disabled child of any age lawfully lives in the home.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,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
- One vehicle. Kentucky adopts the SSI resource exclusions wholesale, and the $4,500 automobile-equity cap written into its regulation is scoped to adult Medicaid cases rather than aged, blind, and disabled ones, so ask DCBS how a specific vehicle will be counted.
- Household goods, personal effects, and farm equipment, excluded without a limit on value.
- Burial arrangements, but with a bound worth knowing: burial spaces, plots, vaults, and caskets are excluded regardless of value, while a burial reserve (the cash or funded contract set aside for the funeral itself) is excluded only up to $1,500 per person.
Income and Kentucky's medically needy spend-down
Kentucky is a medically needy state, and that shapes how income works for nursing home coverage. An institutionalized applicant who wouldn't otherwise qualify on income can still be eligible under a special income standard of $2,982 per month in 2026 (300% of the $994 Supplemental Security Income (SSI) Federal Benefit Rate).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
Separately, an applicant whose income runs above Kentucky's medically needy scale (the income the state protects for basic maintenance, $235 a month for a household of one and $291 for a household of two) can still qualify by spending the excess down on incurred medical and care costs. The spend-down runs over a three-month period: you're eligible for whatever part of that period your incurred medical expenses have used up the excess income you expect to have in hand.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
Here's where Kentucky differs from income-cap states like Florida and Arizona. In those states, an applicant whose income exceeds the cap must set up a Miller Trust (a qualified income trust) to qualify. Kentucky's regulation makes that trust optional rather than mandatory: you may create one, but you don't have to. A nursing-facility resident simply contributes income above the allowances toward the cost of care, with the medically needy spend-down handling income that runs high. That spares most Kentucky families the legal fees and ongoing administration a qualified income trust requires elsewhere.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 and exempt assets, see Kentucky Medicaid eligibility and income limits.
The Five-Year Look-Back
When you apply for long-term-care Medicaid, Kentucky reviews the previous 60 months of your finances, a window federal law sets and every state applies. If you gave away money or property for less than fair market value during that look-back period, the transfer can trigger a penalty period: a stretch of time during which Medicaid will not pay for nursing home care, calculated by dividing the amount transferred by the state's average monthly private-pay cost of nursing-facility care.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
It sounds alarming, but it becomes manageable once you see how it works. Ordinary spending, paying bills, buying a car, covering medical costs, isn't a transfer. The rule targets gifts and below-market transfers, and federal law allows an undue-hardship waiver when a penalty would deprive someone of necessary medical care. The earlier you understand the rule, the more options you keep, which is why a conversation with an elder-law attorney before a parent enters a facility is time well spent.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
What You Pay: Patient Liability
Once a resident is approved, the question becomes how much of their income goes to the facility each month. Kentucky calls the resident's contribution the 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, $60 per month in Kentucky, which the resident keeps for personal expenses like haircuts, clothing, and toiletries. This sits above the federal floor of $30 a month.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 Medicare Part B premium ($202.90 per month in 2026) and any Medigap premium.Centers for Medicare & Medicaid Services. (2026). 2026 Medicare Parts A & B Premiums and Deductibles. cms.gov. Retrieved Aug 22, 2026, from https://www.cms.gov/newsroom/fact-sheets/2026-medicare-parts-b-premiums-deductibles
- A monthly maintenance allowance for an at-home spouse, if there is one (covered in the next section).
Whatever remains is the patient liability paid to the facility. Medicaid pays the rest of the facility's rate. The resident always keeps the $60 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. Kentucky 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 half the couple's countable assets, capped at a 2026 maximum of $162,660. The $32,532 figure at the other end is a floor, not a second cap: the at-home spouse keeps at least that much even when half the couple's assets comes to less. Either way it's 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,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. It brings the at-home spouse's income up to at least $2,705.00 a month in 2026 (the federal minimum effective July 1, 2026), and higher where shelter costs justify it, but never above the $4,066.50 monthly maximum in effect since January 1, 2026.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 Kentucky spousal impoverishment protections for the full framework.
Estate Recovery After Nursing Home Care
After a 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. Kentucky pursues this recovery through the Kentucky Medicaid Estate Recovery program at the Department for Medicaid Services, but several protections shape what it can reach.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
The main points:
- Kentucky pursues recovery against the estate of a recipient who was 55 or older when they received nursing facility, ICF-IID, or waiver services (including the HCB, SCL, ABI, and Michelle P. waivers). Federal law also reaches a recipient of any age who was permanently institutionalized.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. (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 can't exceed what Medicaid actually paid on the person's 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
- Recovery may only happen after a surviving spouse has died, and only when there's no surviving child who is under 21 or who is blind or permanently and totally disabled. Read that as a timing bar rather than a permanent exemption: the protection tied to a minor child lapses when that child turns 21, and the spousal bar lifts when the surviving spouse dies.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
- The state must waive recovery to the extent it would work an undue hardship on the heirs.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,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 practical takeaway: estate recovery in Kentucky reaches the assets a deceased recipient leaves behind, most often the home, but the deferrals and the hardship waiver protect many families. How title is held can change the outcome, so this is a planning conversation worth having with an elder-law attorney before a parent enters a facility. For the full mechanics, see Kentucky Medicaid estate recovery.
How to Find a Kentucky Medicaid Nursing Home
Many Kentucky nursing homes are certified to accept Medicaid, but not every one is, and quality varies widely. That's the choice that matters most. Two free public tools should drive it: Medicare Care Compare for the ratings, and the Kentucky Long-Term Care Ombudsman for the on-the-ground read a survey report can't give you.
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?
Many Kentucky facilities will consider a "Medicaid pending" admission while an application is processed, but policies differ from home to home, so ask before you assume. See how to apply for Kentucky Medicaid for the application channels, the document checklist, and what to gather before you call.
Frequently Asked Questions
Does Medicaid pay for nursing home care in Kentucky?
Yes. Kentucky 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 doesn't cover long-term custodial care.
What is the income limit for Kentucky nursing home Medicaid?
Kentucky is a medically needy state, so there's no single income cap that bars you. Long-term-care Medicaid uses a special income standard of $2,982 per month in 2026, and an applicant above Kentucky's medically needy income scale ($235 a month for a household of one, $291 for a household of two) qualifies by spending the excess down on care costs over a three-month period. Kentucky's regulation makes a qualified income trust (Miller Trust) optional rather than mandatory, so you aren't required to set one up.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
How much of my income do I keep in a Kentucky nursing home?
You keep a personal needs allowance of $60 per month, 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.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
Will Kentucky take my house if I go into a nursing home on Medicaid?
Not during your lifetime. Kentucky excludes the homestead as a resource, though it does bar long-term-care coverage when home equity exceeds the federal limit under 42 U.S.C. 1396p(f), which is $752,000 for 2026 unless the state elects a higher amount, up to $1,130,000. That equity bar doesn't apply at all while a spouse, a child under 21, or a blind or permanently and totally disabled child lawfully lives in the home. After death, Kentucky pursues estate recovery for long-term-care recipients 55 or older, but recovery waits until a surviving spouse has died and there's no surviving child under 21 or blind or permanently and totally disabled child, and an undue-hardship waiver is available.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,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
Can my spouse keep our assets if I go into a nursing home?
Yes, within limits. The at-home spouse can keep half the couple's countable assets, capped at $162,660 in 2026 under the Community Spouse Resource Allowance and never less than $32,532 even when half comes to less than that. Income can also shift across to bring the at-home spouse up to at least $2,705.00 a month, more where shelter costs justify it, but never above $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
Learn More
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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.