You apply for South Carolina Medicaid through South Carolina Healthy Connections online, by phone, by mail or fax, or in person at a county office.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. § 1396p — Liens, adjustments and recoveries, and transfers of assets (OLRC prelim/rolling edition; federal source for the 60-month transfer look-back and the age-55 estate-recovery trigger). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim,U.S. Government Publishing Office. (n.d.). 42 CFR 435.907 — Application (eCFR, current). ecfr.gov. Retrieved Jul 13, 2026, from https://www.ecfr.gov/current/title-42/section-435.907 For long-term care, a senior whose gross income tops $2,982 per month in 2026 must set up an income trust first, and the at-home spouse's protected savings are capped at $66,480, well under the $162,660 maximum federal law lets a state elect.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. § 1396p — Liens, adjustments and recoveries, and transfers of assets (OLRC prelim/rolling edition; federal source for the 60-month transfer look-back and the age-55 estate-recovery trigger). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim,Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), U.S. Code prelim (rolling current edition), Office of the Law Revision Counsel — the CSRA is the GREATEST of four alternatives; the dollar cap binds only clauses (i) and (ii)(II); (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 This guide covers the application channels, the documents you need, how long a decision takes, and what to do if you are denied.
In This Guide
- Key Numbers at a Glance
- Before You Apply: The Income Trust Requirement
- The Spousal Asset Limit Every Married Applicant Needs
- How to Apply for South Carolina Medicaid
- Documents to Apply for South Carolina Medicaid
- How Long a Decision Takes
- Why the Date You Apply Matters: Retroactive Coverage
- If You're Denied
- Frequently Asked Questions
- Learn More
Before You Apply: The Income Trust Requirement
South Carolina is an income-cap state for long-term care Medicaid. SCDHHS calls the threshold the Medicaid Cap, and a senior's gross monthly income from all sources must be at or below it. The cap is 300% of the Supplemental Security Income (SSI) Federal Benefit Rate, the standard the Social Security Administration sets each year, which puts it at $2,982 per month effective January 1, 2026. The same eligibility rules apply whether the care is in a nursing facility or through a home and community-based services waiver.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. § 1396p — Liens, adjustments and recoveries, and transfers of assets (OLRC prelim/rolling edition; federal source for the 60-month transfer look-back and the age-55 estate-recovery trigger). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim
If income is over the cap, SCDHHS's own policy manual instructs the eligibility worker to tell the applicant that the only way to qualify is to set up an Income Trust, commonly called a Miller Trust. The applicant funds it by depositing their income into a dedicated trust account each month, and income that flows through the trust does not count toward the Medicaid Cap.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. § 1396p — Liens, adjustments and recoveries, and transfers of assets (OLRC prelim/rolling edition; federal source for the 60-month transfer look-back and the age-55 estate-recovery trigger). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim There is no upward income limit for Income Trust cases, so a high income does not by itself close the door.
Setting up a Miller Trust is not a do-it-yourself project. The trust document has to meet SCDHHS requirements, and it has to be funded month after month, not just signed once. If income is anywhere near $2,982 or over it, talk to a South Carolina elder law attorney before applying.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. § 1396p — Liens, adjustments and recoveries, and transfers of assets (OLRC prelim/rolling edition; federal source for the 60-month transfer look-back and the age-55 estate-recovery trigger). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim The cost of getting it right is far less than the cost of a delayed or denied application.
If income is under the cap, the applicant can skip the trust and apply directly. SCDHHS publishes the current thresholds on its program eligibility and income limits page.
The Spousal Asset Limit Every Married Applicant Needs
When one spouse applies for nursing home or waiver Medicaid, federal law protects some of the couple's joint assets for the spouse who stays at home (the community spouse). That protection is the Community Spouse Resource Allowance (CSRA).
For 2026, federal law lets a state set that allowance anywhere from a minimum of $32,532 to a maximum of $162,660, and each state elects its own standard within that range.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 South Carolina did not elect the maximum. Under State Plan Amendment SC-25-0011, it sets a single fixed community-spouse standard of $66,480.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. § 1396p — Liens, adjustments and recoveries, and transfers of assets (OLRC prelim/rolling edition; federal source for the 60-month transfer look-back and the age-55 estate-recovery trigger). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim
Here is how that plays out at the application. SCDHHS totals the couple's countable resources, subtracts the community spouse's share of up to $66,480, and what remains has to meet the applicant's own resource limit of $2,000 before the applicant is eligible.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. § 1396p — Liens, adjustments and recoveries, and transfers of assets (OLRC prelim/rolling edition; federal source for the 60-month transfer look-back and the age-55 estate-recovery trigger). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim,Centers for Medicare & Medicaid Services. (n.d.). Estate Recovery. medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/medicaid/eligibility-policy/estate-recovery
For a couple with substantial savings, the gap between a $66,480 allowance and the $162,660 federal law would have allowed can mean tens of thousands of additional dollars spent down before eligibility.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. § 1396p — Liens, adjustments and recoveries, and transfers of assets (OLRC prelim/rolling edition; federal source for the 60-month transfer look-back and the age-55 estate-recovery trigger). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim,Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), U.S. Code prelim (rolling current edition), Office of the Law Revision Counsel — the CSRA is the GREATEST of four alternatives; the dollar cap binds only clauses (i) and (ii)(II); (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 Married couples need to account for this before applying. Legal strategies (annuities, care agreements, asset conversion) may be available depending on the situation, and a South Carolina elder law attorney can map out what applies.
Income is handled separately. South Carolina sets the community spouse's monthly maintenance-needs standard at the federal maximum, and the resulting monthly income allowance may not exceed $4,066.50 in 2026.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. § 1396p — Liens, adjustments and recoveries, and transfers of assets (OLRC prelim/rolling edition; federal source for the 60-month transfer look-back and the age-55 estate-recovery trigger). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim If the at-home spouse's own income falls short of that standard, SCDHHS can redirect some of the applicant's income to the community spouse to make up the gap, up to that ceiling.
How to Apply for South Carolina Medicaid
South Carolina Healthy Connections takes applications four ways: online, by phone, by mail or fax, and in person at a county office.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. § 1396p — Liens, adjustments and recoveries, and transfers of assets (OLRC prelim/rolling edition; federal source for the 60-month transfer look-back and the age-55 estate-recovery trigger). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim Federal rule requires every state Medicaid agency to accept an application online, by telephone, by mail, and in person, so no applicant is shut out for lacking a computer.U.S. Government Publishing Office. (n.d.). 42 CFR 435.907 — Application (eCFR, current). ecfr.gov. Retrieved Jul 13, 2026, from https://www.ecfr.gov/current/title-42/section-435.907 Work through the sequence below in order, then submit through whichever channel fits you best.
Set up a Miller Trust first if your income is over the cap
If gross monthly income from all sources tops $2,982 in 2026, establish an Income Trust (Miller Trust) before you apply, because SCDHHS treats it as the only route to eligibility over the cap.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. § 1396p — Liens, adjustments and recoveries, and transfers of assets (OLRC prelim/rolling edition; federal source for the 60-month transfer look-back and the age-55 estate-recovery trigger). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim Have a South Carolina elder law attorney draft it, and get it funded: the trust only does its job on income actually deposited into it each month.
Gather your documents
Pull together identity, income, and asset records (the full checklist is below). Missing paperwork is the most common reason applications stall, so assemble the package before you start the form.
Apply online, by phone, by mail or fax, or in person
Online is the fastest: the Healthy Connections portal at apply.scdhhs.gov lets you create an account, save your progress, and upload documents.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. § 1396p — Liens, adjustments and recoveries, and transfers of assets (OLRC prelim/rolling edition; federal source for the 60-month transfer look-back and the age-55 estate-recovery trigger). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim By phone, an SCDHHS representative walks you through the process and can note if you need extra time to set up a Miller Trust; federal rule requires the agency to take an application by telephone.U.S. Government Publishing Office. (n.d.). 42 CFR 435.907 — Application (eCFR, current). ecfr.gov. Retrieved Jul 13, 2026, from https://www.ecfr.gov/current/title-42/section-435.907 On paper, you can fax the application, mail it to SCDHHS Central Mail in Columbia, or hand it in at your local county office; nursing home and in-home care applicants use DHHS Form 3401, and the facility's social worker often helps.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. § 1396p — Liens, adjustments and recoveries, and transfers of assets (OLRC prelim/rolling edition; federal source for the 60-month transfer look-back and the age-55 estate-recovery trigger). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim
Designate an authorized representative if needed
A senior who cannot complete the application does not have to. Federal law (42 CFR 435.923) requires every state Medicaid agency to let an applicant designate an authorized representative for the application, renewals, and ongoing communications, and the designation is made in writing with the applicant's signature. Authority already granted under state law, including a court order establishing legal guardianship or a power of attorney, must be treated as that written designation.U.S. Government Publishing Office. (n.d.). 42 CFR 435.923 — Authorized representatives (eCFR, current). ecfr.gov. Retrieved Sep 4, 2026, from https://www.ecfr.gov/current/title-42/section-435.923 The applicant can authorize that representative to sign and submit the application, receive the agency's notices, and act on their behalf in other matters with SCDHHS.
Respond fast to any request for information
After you submit, SCDHHS may ask for more documents or a phone interview. The federal deadline below excuses the agency when the delay is caused by the applicant or an examining physician, so returning records promptly is the single best lever you control over how long a decision takes.U.S. Government Publishing Office. (2026). 42 CFR 435.912(c)(3) — Timely determination of eligibility (eCFR current text, as revised eff. July 31, 2026). ecfr.gov. Retrieved Aug 7, 2026, from https://www.ecfr.gov/current/title-42/section-435.912
Documents to Apply for South Carolina Medicaid
Gather these before you apply. Missing paperwork is the most common reason applications stall.
Identity and residency:
- Photo ID (driver's license, state ID, or passport)
- Social Security card or proof of Social Security number
- Proof of South Carolina residency (utility bill, lease, or similar)
- Birth certificate or other proof of U.S. citizenship or qualified immigration status
Income:
- Social Security award letter or current SSA-1099
- Pension or retirement income statements
- Any other income sources (annuities, rental income, and the like)
- If gross income is over $2,982 per month: the Miller Trust document itself, plus proof the trust is fundedOffice of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. § 1396p — Liens, adjustments and recoveries, and transfers of assets (OLRC prelim/rolling edition; federal source for the 60-month transfer look-back and the age-55 estate-recovery trigger). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim
Assets and financial accounts:
- Bank statements for all accounts (checking, savings, CDs)
- Retirement account statements (IRA, 401(k), and the like)
- Life insurance policies showing face value and cash surrender value
- Vehicle title or registration
- Property deeds and recent tax bills
- Prepaid burial contracts and cemetery deed
For nursing home applicants:
- The facility's admission paperwork or notice of admission date
- Five years (60 months) of bank statements for the asset-transfer reviewOffice 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
Medical:
- Medicare enrollment card, if you have Medicare
- Health insurance card(s)
The 60 months of statements tie directly to the look-back: SCDHHS reviews the 60 months before your application date for any asset transferred for less than fair market value.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 A transfer in that window triggers a penalty period, a stretch of time during which Medicaid will not pay for long-term care, calculated by dividing the transferred value by the state's average monthly private-pay cost of nursing facility care. For transfers made on or after February 8, 2006, that penalty does not start on the day of the transfer: it begins on the later of the transfer date or the date the applicant is otherwise eligible and receiving institutional-level 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 If you or a family member gave away assets or sold property below value in the past five years, flag it with an elder law attorney before applying, not after.
How Long a Decision Takes
Federal regulation 42 CFR 435.912 caps how long the state may take to decide. A determination may not exceed 45 days for most applicants, and 90 days for applicants who apply for Medicaid on the basis of disability, measured from the application date.U.S. Government Publishing Office. (2026). 42 CFR 435.912(c)(3) — Timely determination of eligibility (eCFR current text, as revised eff. July 31, 2026). ecfr.gov. Retrieved Aug 7, 2026, from https://www.ecfr.gov/current/title-42/section-435.912 The longer window turns on the basis the application was filed under, not on whether a disability determination happens to arise in the case. An older adult applying for nursing home coverage on the basis of age is on the 45-day standard even when medical records are part of the file.
Those are outer limits on the agency, not a promise that your decision will arrive by then, and they do not bind at all in the unusual circumstances the regulation itself lists: a delay caused by the applicant or by an examining physician, or an administrative emergency beyond the agency's control. Once the federal community-engagement requirement is in force, a third exception applies, for an applicant who was sent a notice of noncompliance and has a 30-calendar-day period to respond.U.S. Government Publishing Office. (2026). 42 CFR 435.912(c)(3) — Timely determination of eligibility (eCFR current text, as revised eff. July 31, 2026). ecfr.gov. Retrieved Aug 7, 2026, from https://www.ecfr.gov/current/title-42/section-435.912
In practice, long-term care applications tend to take longer than a straightforward one. They involve a level-of-care assessment and a full review of 60 months of financial records, and asset transfers or a missing document can push a case past the routine timeline.Office of the Law Revision Counsel, U.S. House of Representatives. (2026). 42 USC 1396p - Liens, adjustments and recoveries, and transfers of assets (OLRC, U.S. Code preliminary release; text contains those laws in effect on August 1, 2026). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim The single best lever you control is responding fast: when SCDHHS requests additional information, return it promptly, because a delay you cause is one of the circumstances that excuses the agency from the deadline.U.S. Government Publishing Office. (2026). 42 CFR 435.912(c)(3) — Timely determination of eligibility (eCFR current text, as revised eff. July 31, 2026). ecfr.gov. Retrieved Aug 7, 2026, from https://www.ecfr.gov/current/title-42/section-435.912
SCDHHS may contact you for additional documents or a phone interview during the review. If you are approved, you receive a Medicaid ID card and a notice explaining what is covered, your patient pay amount, and the program you are enrolled in. In nursing home cases, the patient pay amount is your monthly income minus your Personal Needs Allowance of $60 and any other allowed deductions; if you are in a work-therapy program the allowance is $100, and an HCBS waiver participant is instead allowed a waiver allowance equal to the $2,982 Medicaid Cap.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. § 1396p — Liens, adjustments and recoveries, and transfers of assets (OLRC prelim/rolling edition; federal source for the 60-month transfer look-back and the age-55 estate-recovery trigger). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim One deduction catches families by surprise: health insurance premiums the beneficiary pays are allowable, but that deduction does not include Medicare Part A and Part B premiums.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. § 1396p — Liens, adjustments and recoveries, and transfers of assets (OLRC prelim/rolling edition; federal source for the 60-month transfer look-back and the age-55 estate-recovery trigger). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim
Why the Date You Apply Matters: Retroactive Coverage
The date you apply anchors a back-coverage window. Under federal law, once you are found eligible, Medicaid must cover services furnished as far back as the third month before the month of application, as long as you would have been eligible when you received that care.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396a(a)(34) — Office of the Law Revision Counsel, U.S. Code. uscode.house.gov. Retrieved Jun 22, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a&num=0&edition=prelim So a nursing home bill from two months before you applied can still be covered. This is why you should apply as soon as you have a qualifying need, even if you have not finished gathering every document. The full three-month window is the federal default; a state can shrink or drop it for some groups only by obtaining a Section 1115 demonstration waiver, so confirm the window that applies to the program you are applying for.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396a(a)(34) — Office of the Law Revision Counsel, U.S. Code. uscode.house.gov. Retrieved Jun 22, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a&num=0&edition=prelim
This window is shrinking. Under section 71112 of Public Law 119-21, for applications made on or after January 1, 2027, retroactive coverage drops to a maximum of two months before the application month for most enrollees, and one month for the Medicaid expansion adult group.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396a(a)(34) — Office of the Law Revision Counsel, U.S. Code. uscode.house.gov. Retrieved Jun 22, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a&num=0&edition=prelim If a qualifying need has already arisen, applying sooner rather than later preserves more back-coverage.
If You're Denied
South Carolina notices give 30 days to appeal, measured from either the date of the notice or the day you receive it, depending on the notice.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Jul 31, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221 Read yours to see which of the two triggers it uses. South Carolina's deadline is 30 days, not 90, so don't use the federal number as your planning date: the 90 days in 42 CFR 431.221(d) is the ceiling on how long a state's window may run, not a floor you are guaranteed, and the shorter state deadline is fully enforceable against you.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221(d) — Request for a hearing (eCFR, current). ecfr.gov. Retrieved Aug 8, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221 If you are already enrolled and the notice is cutting your coverage, a second and earlier deadline applies: to keep those benefits running while the appeal is decided, ask for continuation within 10 days of the date on the notice.U.S. Government Publishing Office. (n.d.). 42 CFR 431.221 — Request for hearing (eCFR, current). ecfr.gov. Retrieved Jul 31, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-E/section-431.221
If your denial was caused by a missing document, you can sometimes resolve it by providing the document quickly rather than waiting for the full hearing. To request a hearing, follow the instructions on your denial notice or contact SCDHHS in writing.
Most South Carolinians who appeal a Medicaid denial benefit from having someone in their corner.
Frequently Asked Questions
Does South Carolina have a Medicaid spend-down program?
Not as a route around the long-term care income cap. SCDHHS's own policy manual directs the eligibility worker to tell an applicant whose gross income exceeds the Medicaid Cap that the only way to qualify is to set up an Income Trust, so plan on the trust rather than on subtracting medical bills from income.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. § 1396p — Liens, adjustments and recoveries, and transfers of assets (OLRC prelim/rolling edition; federal source for the 60-month transfer look-back and the age-55 estate-recovery trigger). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim If you think a different pathway fits your situation, raise it with SCDHHS or an elder law attorney before you rely on it.
What is a Miller Trust and do I need one?
A Miller Trust (SCDHHS calls it an Income Trust) is a dedicated trust account the applicant funds by depositing their income into it each month; income that flows through the trust does not count toward the Medicaid Cap. You need one if gross monthly income from all sources combined exceeds $2,982 in 2026, and there is no upward income limit for Income Trust cases.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. § 1396p — Liens, adjustments and recoveries, and transfers of assets (OLRC prelim/rolling edition; federal source for the 60-month transfer look-back and the age-55 estate-recovery trigger). 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 must meet SCDHHS requirements and has to be funded monthly, not just signed once, so an elder law attorney should set it up.
How much can my spouse keep in assets?
South Carolina sets a fixed community-spouse resource standard of $66,480, well below the $162,660 maximum federal law would let it elect for 2026.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. § 1396p — Liens, adjustments and recoveries, and transfers of assets (OLRC prelim/rolling edition; federal source for the 60-month transfer look-back and the age-55 estate-recovery trigger). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim,Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), U.S. Code prelim (rolling current edition), Office of the Law Revision Counsel — the CSRA is the GREATEST of four alternatives; the dollar cap binds only clauses (i) and (ii)(II); (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 In practice SCDHHS totals the couple's countable resources, subtracts the community spouse's share of up to $66,480, and the remainder must meet the applicant's own resource limit of $2,000.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. § 1396p — Liens, adjustments and recoveries, and transfers of assets (OLRC prelim/rolling edition; federal source for the 60-month transfer look-back and the age-55 estate-recovery trigger). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim,Centers for Medicare & Medicaid Services. (n.d.). Estate Recovery. medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/medicaid/eligibility-policy/estate-recovery
What assets are exempt from the Medicaid asset limit?
Homestead property is excluded regardless of its equity value when the applicant's spouse, a child under age 21, or a blind or disabled child lawfully lives in the home. Otherwise, an applicant with home equity over $752,000 in 2026 is not eligible for nursing facility vendor payment or other long-term care services.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. § 1396p — Liens, adjustments and recoveries, and transfers of assets (OLRC prelim/rolling edition; federal source for the 60-month transfer look-back and the age-55 estate-recovery trigger). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim Beyond the home, South Carolina excludes some personal property (a vehicle, household goods and personal effects, and designated burial funds) under rules SCDHHS keeps in its Medicaid Policy and Procedures Manual rather than on its public eligibility page. The manual, not the public page, is where the dollar limit on burial funds sits, so ask your eligibility worker to confirm the current figure for your case.
How does the 60-month look-back work?
SCDHHS reviews financial records for the 60 months (five years) before the application date.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 Any transfer of assets for less than fair market value during that window can trigger a penalty period, a number of months during which Medicaid will not pay for long-term care, calculated by dividing the uncompensated transfer amount by the state's average monthly private-pay cost of nursing facility care. Federal law also allows an undue-hardship waiver of the penalty when applying it would deprive the applicant of medical care such that their health or life would be endangered, or of food, clothing, shelter, or other necessities of life.Office of the Law Revision Counsel, U.S. House of Representatives. (2026). 42 USC 1396p - Liens, adjustments and recoveries, and transfers of assets (OLRC, U.S. Code preliminary release; text contains those laws in effect on August 1, 2026). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim
How long will my application take?
Federal rules cap the decision at 45 days for most applicants and 90 days for applicants who apply for Medicaid on the basis of disability, measured from the application date.U.S. Government Publishing Office. (2026). 42 CFR 435.912(c)(3) — Timely determination of eligibility (eCFR current text, as revised eff. July 31, 2026). ecfr.gov. Retrieved Aug 7, 2026, from https://www.ecfr.gov/current/title-42/section-435.912 Which cap applies depends on the basis you applied under, not on whether a disability determination arises, so an aged-basis long-term care application sits on the 45-day standard. These are limits on the agency rather than a guaranteed decision date, and they do not apply at all in the unusual circumstances the regulation lists, including a delay caused by the applicant or an examining physician.U.S. Government Publishing Office. (2026). 42 CFR 435.912(c)(3) — Timely determination of eligibility (eCFR current text, as revised eff. July 31, 2026). ecfr.gov. Retrieved Aug 7, 2026, from https://www.ecfr.gov/current/title-42/section-435.912 Long-term care cases also take longer in practice because of the level-of-care assessment and the 60-month financial review, so respond quickly to any request for information.
Can I apply for South Carolina Medicaid if I'm already in a nursing home?
Yes. Many applications come in after a resident is already placed, and the nursing home's social worker or admissions coordinator can usually help with the paperwork. Apply as soon as possible: once you are approved, Medicaid can cover services back to the third month before the month of application, so the sooner you apply, the more of an existing bill can be covered.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396a(a)(34) — Office of the Law Revision Counsel, U.S. Code. uscode.house.gov. Retrieved Jun 22, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a&num=0&edition=prelim
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