Nevada Medicaid spousal impoverishment rules protect the at-home spouse when one partner needs nursing facility care, and Nevada lets that spouse keep the federal maximum.
How Nevada Medicaid Spousal Impoverishment Works
When one spouse enters a nursing facility or qualifies for a home- and community-based services (HCBS) waiver, Nevada applies federal spousal impoverishment protections under 42 USC § 1396r-5. Two sets of rules work together: a resource (asset) protection for the at-home spouse and an income protection.
Nevada is an income-cap state, meaning the institutionalized spouse must have gross monthly income at or below $2,982 (300% of the SSI payment level in 2026); the federal route for income above that is a Miller Trust, covered below. But the income-cap rules for the applicant do not reduce the community spouse's CSRA or income allowance. Those are calculated independently.U.S. Government Publishing Office. (n.d.). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-H/section-435.725
The spouse entering long-term care is the institutionalized spouse. The spouse remaining at home is the community spouse.
How the CSRA Works
The Community Spouse Resource Allowance (CSRA) is the portion of the couple's countable assets the community spouse gets to keep when the institutionalized spouse applies for Nevada Medicaid long-term care coverage.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
The Snapshot Date
Nevada still takes a snapshot of the couple's resources. Its manual defines the couple's spousal share as one-half of their total resources, held separately or jointly, at the time of the spouse's institutionalization.U.S. Government Publishing Office. (n.d.). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-H/section-435.725
That snapshot matters less in Nevada than in many states. The spousal share only counts up to the federal maximum, and Nevada already gives the community spouse that maximum automatically (below).
Nevada Allows the Federal Maximum
Nevada does not cut the community spouse down to half the couple's assets. Its Medical Assistance Manual says Nevada "automatically allows the community spouse the maximum federal spousal resource standard," which is $162,660 for 2026.U.S. Government Publishing Office. (n.d.). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-H/section-435.725
The manual's worksheet takes the greatest of four amounts: the state's maximum standard, the couple's spousal share (counted only up to the federal maximum), an amount set in an administrative hearing decision, or an amount set by court order. Because the first one is already the federal maximum, the community spouse keeps up to $162,660 unless a hearing or a court order sets a higher amount.U.S. Government Publishing Office. (n.d.). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-H/section-435.725,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
The 2026 federal minimum resource standard, $32,532, is the lowest standard a state may elect. Nevada elects the maximum instead, so the minimum doesn't come into play for Nevada couples.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
A worked example illustrating the rule:
The figures below are hypothetical and shown only to illustrate how the calculation works. They are not a real case and not a prediction of your own result.
A couple in Las Vegas has the following countable assets at the snapshot date: $200,000 in joint savings and $80,000 in the institutionalized spouse's IRA, for a total of $280,000.U.S. Government Publishing Office. (n.d.). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-H/section-435.725
Half of $280,000, the spousal share, is $140,000. Nevada's standard of $162,660 is larger, so the community spouse keeps $162,660.U.S. Government Publishing Office. (n.d.). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-H/section-435.725
That leaves $117,340 on the institutionalized spouse's side. Nevada's applicant asset limit is $2,000, so roughly $115,340 must be spent down before Nevada Medicaid eligibility is established.U.S. Government Publishing Office. (n.d.). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-H/section-435.725
What Counts as a Countable Asset?
Both spouses' assets are pooled for the snapshot regardless of whose name is on the account. Countable assets generally include:
- Checking and savings accounts
- CDs and money market funds
- Stocks, bonds, and mutual funds
- Both spouses' IRAs and 401(k)s
- Cash value of life insurance above a modest face-value threshold (confirm the current amount with Nevada DSS)
- Non-home real estate and investment property
Assets that are exempt from the snapshot include the primary home, one vehicle, household goods and personal effects, prepaid burial contracts, and burial plots.
How the MMMNA Works
The Minimum Monthly Maintenance Needs Allowance (MMMNA) is the income protection for the at-home spouse. It is a floor, not a ceiling on her income: the community spouse keeps all of her own income, and the MMMNA is the monthly total that a diversion from the applicant's income must bring her up to. Outside a fair hearing, the $4,066.50 maximum limits that diversion, not what she is allowed to have.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
For 2026, Nevada applies:U.S. Government Publishing Office. (n.d.). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-H/section-435.725
- Floor (minimum MMMNA): $2,705.00/month (effective 7/1/2026 through 6/30/2027)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
- Maximum (federal, same in every state): $4,066.50/month (effective 1/1/2026 through 12/31/2026)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
The $4,066.50 maximum is set federally, the same in every state, and adjusts each January.U.S. Government Publishing Office. (n.d.). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-H/section-435.725
The Name-on-the-Check Rule
Under federal law, the community spouse keeps all of her own income regardless of amount. If she receives a pension of, say, $4,000/month, she keeps every dollar. This is the "name on the check" rule (42 USC § 1396r-5(b)(2)): income belonging to the community spouse is hers alone.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396r-5 — Treatment of income and resources for certain institutionalized spouses (govinfo, U.S. Code 2024 edition). govinfo.gov. Retrieved Oct 3, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396r-5.htm
Income Diversion
When the community spouse's own income falls below the MMMNA floor, Nevada allows an income diversion from the institutionalized spouse's income to bring her up to the floor.
How this works: the institutionalized spouse's income is reduced by the Personal Needs Allowance ($154/month in Nevada, deducted before patient liability under Nevada's institutional budgeting), the Medicare Part B premium, and other deductions. From the remainder, enough is diverted to the community spouse to reach the MMMNA floor. The net remaining amount is the patient liability paid to the nursing facility; Nevada Medicaid covers the balance.U.S. Government Publishing Office. (n.d.). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-H/section-435.725
Worked example illustrating income diversion:
The figures below are hypothetical and shown only to illustrate how the calculation works. They are not a real case and not a prediction of your own result. Confirm the current Medicare Part B premium and your own numbers with Nevada DSS.
Say the community spouse receives $1,000/month from Social Security. The MMMNA floor is $2,705.00/month, so her shortfall is $1,705.00/month. The institutionalized spouse receives $2,500/month from Social Security and a pension. After subtracting the $154 personal needs allowance, the Medicare Part B premium, and any other allowed deductions, a portion of what remains is diverted to the community spouse to reach the $2,705.00/month floor. What is left after the diversion goes to the facility as patient liability, and Nevada Medicaid pays the rest.U.S. Government Publishing Office. (n.d.). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-H/section-435.725
In this illustration the community spouse moves from $1,000/month to the $2,705.00/month floor.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
Reaching the MMMNA Maximum
The community spouse can rise above the $2,705.00 floor, toward the $4,066.50 maximum, when her actual shelter costs (rent or mortgage, property taxes, insurance, and utilities) exceed the federal excess-shelter standard, which is $811.50/month from July 1, 2026. The amount above that standard raises her allowable income. Confirm how your own costs are counted with Nevada DSS.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
Las Vegas and Reno housing costs frequently run high, so many Nevada community spouses have a path to higher income protection through the excess-shelter allowance.
The Home
When the community spouse lives in the home, the federal home-equity limit does not apply at all, so home equity of any amount does not by itself disqualify the spouse applying for Medicaid.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
For 2026 the federal home-equity minimum is $752,000, and a state may elect a higher amount up to $1,130,000. That limit matters only when no spouse, child under 21, or blind or disabled child lives in the home.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 Nevada's own manual still prints an older figure of $713,000, so if the limit could apply to you, confirm the current amount with Nevada DSS.U.S. Government Publishing Office. (n.d.). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-H/section-435.725
Nevada applies the federal 60-month lookback on asset transfers. Transferring the home to a child for less than its value (outside certain exceptions) within that window can create a penalty period.U.S. Government Publishing Office. (n.d.). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-H/section-435.725 Consult a Nevada elder law attorney about caregiver child or disabled child transfer exceptions if protecting the home from eventual estate recovery matters.
Assets That Are Exempt
Beyond the home, these asset categories are excluded from the Medicaid eligibility calculation:
- Primary residence (the federal home-equity limit, $752,000 minimum for 2026, does not apply while the community spouse lives there)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
- One vehicle, regardless of its use or valueU.S. Government Publishing Office. (n.d.). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-H/section-435.725
- Household goods and personal effects (furniture, clothing, appliances)
- Prepaid irrevocable burial contracts
- Burial plots for the applicant and immediate family
- Life insurance with a face value at or below the modest threshold Nevada applies (confirm the current amount with DSS)
- Property essential to self-support (working farm or small business tools)
Retirement accounts (IRAs, 401(k)s) held by either spouse are countable in Nevada. Nevada does not offer a special exemption for the community spouse's retirement accounts.
Nevada Medicaid Spousal Impoverishment and the Application Process
Who Administers This
Nevada Medicaid is offered by the Nevada Health Authority, which the 2025 Legislature created through Senate Bill 494, and the Nevada Division of Social Services (DSS) decides eligibility, including for the Medical Assistance to the Aged, Blind and Disabled category that covers long-term care.U.S. Government Publishing Office. (n.d.). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-H/section-435.725 The community spouse's CSRA and MMMNA are calculated as part of the nursing home Medicaid application.
How to Request a Resource Assessment
A couple does not need to file a full Medicaid application to request a resource assessment that records the couple's resources as of the snapshot date. Requesting it at the time of nursing facility admission captures them while documentation is freshest. Applications start at Access Nevada, whose pre-screening tool recommends where to submit your medical assistance application.U.S. Government Publishing Office. (n.d.). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-H/section-435.725
The Miller Trust Dimension
Because Nevada is an income-cap state, an institutionalized spouse whose gross income is over $2,982/month falls outside the nursing-facility category, and none of Nevada's MAABD categories is a medically needy spend-down. The federal route for over-cap income is a Qualified Income Trust (Miller Trust); confirm Nevada's own procedure for setting one up with DSS.U.S. Government Publishing Office. (n.d.). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-H/section-435.725 The community spouse's CSRA and MMMNA are not affected by whether a Miller Trust is in place. Both calculations proceed on the same federal framework regardless. For more on income eligibility, see Nevada Medicaid eligibility and income limits.
The Application Process
Nevada Medicaid long-term care applications follow these general steps. See the Nevada Medicaid how-to-apply guide for a detailed walkthrough.
Gather your documentation
Collect bank and brokerage account statements as of the snapshot date, property records, insurance policies, and income statements for both spouses.
Submit the application
Start with the Access Nevada pre-screening tool, which recommends where to submit your medical assistance application, or mail a paper application; the MAABD form is posted on the DSS Apply for Assistance page as the Application for Assistance (MAABD-SNAP).U.S. Government Publishing Office. (n.d.). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-H/section-435.725
Request a resource assessment
Ask DSS early to record the couple's countable resources as of the snapshot date.
Wait for the CSRA and MMMNA determination
DSS calculates the community spouse resource allowance and the monthly maintenance needs allowance as part of the eligibility decision.
Appeal if needed
Either spouse can request a fair hearing to challenge the CSRA or MMMNA determination.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 See Nevada Medicaid appeals and fair hearings for how to file.
Where to Get Help
Medicaid Planning Strategies to Consider
Nevada's automatic federal-maximum CSRA gives couples a strong baseline. Additional planning may help when countable assets substantially exceed the $162,660 standard.U.S. Government Publishing Office. (n.d.). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-H/section-435.725 Options include:
- Converting countable assets to exempt ones: prepaying burial contracts, making repairs or improvements to the home, or purchasing a vehicle.
- Community-spouse annuities: an annuity can convert excess assets into an income stream for the community spouse. To avoid a transfer penalty it generally must be irrevocable, nonassignable, actuarially sound, and pay in equal amounts with no deferral or balloon payments, and it must name the State as remainder beneficiary, either first or second after the community spouse or a minor or disabled child.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
- Fair hearing: if the community spouse's income still falls short of the MMMNA after all of the institutionalized spouse's available income is counted toward her, a fair hearing can raise her resource allowance above $162,660 to an amount that generates enough income.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
For broader options, see Medicaid planning strategies.
Couples with assets substantially above $162,660 should consult a Nevada-licensed elder law attorney before applying.U.S. Government Publishing Office. (n.d.). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-H/section-435.725
Frequently Asked Questions
How much can my spouse keep when I apply for Nevada Medicaid nursing home coverage?
Nevada automatically lets your spouse keep the federal maximum in countable assets, $162,660 for 2026, rather than half of what you own together.U.S. Government Publishing Office. (n.d.). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-H/section-435.725 Your spouse also keeps all of her own income, and if it is below $2,705.00/month (the MMMNA from July 1, 2026), income can be diverted from yours to bring her up to it; outside a fair hearing, the allowance tops out at $4,066.50/month.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
Does Nevada Medicaid count my spouse's income against me?
No. Under federal law (42 USC § 1396r-5(b)(2)), the community spouse's income belongs to her alone. Only the institutionalized spouse's income is considered, and a portion of that is protected as an income diversion to the community spouse.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396r-5 — Treatment of income and resources for certain institutionalized spouses (govinfo, U.S. Code 2024 edition). govinfo.gov. Retrieved Oct 3, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396r-5.htm
Is the home at risk when one spouse applies for Nevada Medicaid?
Not while the community spouse lives there: the federal home-equity limit ($752,000 minimum for 2026) does not apply at all when a spouse lives in the home.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 Nevada estate recovery can pursue repayment after a recipient's death, but recovery is put off while a surviving spouse is living, or while there is a surviving child under 21 or a child of any age who is blind or disabled, and can resume once none of them remains.Nevada Legislature. (n.d.). NRS 422.054 — “Undivided estate” defined (Nevada Revised Statutes, Nevada Legislature). leg.state.nv.us. Retrieved Aug 1, 2026, from https://www.leg.state.nv.us/nrs/nrs-422.html Nevada may place a lien on the home in the meantime, but if the surviving spouse sells or refinances, it must release or subordinate that lien without any payment to Medicaid.Nevada Legislature. (n.d.). NRS 422.054 — “Undivided estate” defined (Nevada Revised Statutes, Nevada Legislature). leg.state.nv.us. Retrieved Aug 1, 2026, from https://www.leg.state.nv.us/nrs/nrs-422.html Consult an elder law attorney if estate recovery is a concern.
What is the difference between the CSRA and the MMMNA?
The CSRA (Community Spouse Resource Allowance) is the asset protection: the amount of countable assets the community spouse keeps, which in Nevada runs up to the federal maximum of $162,660 for 2026.U.S. Government Publishing Office. (n.d.). ecfr.gov. Retrieved Oct 13, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-H/section-435.725 The MMMNA (Minimum Monthly Maintenance Needs Allowance) is the income protection, and it runs in the opposite direction: a Nevada community spouse keeps all of her own income, and the MMMNA is the $2,705.00 monthly floor that income diverted from the applicant can lift her to, with $4,066.50/month the maximum outside a fair hearing.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
Does Nevada Medicaid exempt the community spouse's IRA or 401(k)?
No. Both spouses' retirement accounts, including IRAs and 401(k)s, are counted as resources in the Medicaid snapshot. Nevada does not offer a special exemption for the community spouse's retirement accounts.
Does having a Miller Trust affect the spousal impoverishment protections?
No. The community spouse's CSRA and MMMNA are calculated under the same federal framework regardless of whether the institutionalized spouse uses a Miller Trust. The Miller Trust addresses income eligibility for the applicant; the spousal impoverishment protections are separate.
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