South Dakota Medicaid pays for nursing home care once Medicare stops, covering long-term custodial care for residents who meet the state medical and financial limits.
This guide walks through how South Dakota Medicaid nursing home coverage works in 2026: who qualifies medically and financially, South Dakota's $2,000 asset limit, its $2,982 income cap and the income trust the state's rules provide for applicants over it, what you pay toward care each month, how the at-home spouse is protected, and how estate recovery affects the family home.
Does South Dakota 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 real way, and in South Dakota it's run by the South Dakota Department of Social Services (DSS). Medicare covers skilled nursing care only on a short-term, post-acute basis: after a qualifying inpatient hospital stay of at least three consecutive days, it covers up to 100 days per benefit period, with days 1 through 20 covered in full and days 21 through 100 carrying a $217 daily coinsurance in 2026. After day 100, Medicare pays nothing.Centers for Medicare & Medicaid Services. (n.d.). SNF Care Coverage. medicare.gov. Retrieved Jun 23, 2026, from https://www.medicare.gov/coverage/skilled-nursing-facility-care The day-to-day custodial care most nursing home residents need long-term, help with bathing, dressing, eating, and moving, is not something Medicare pays for. That's the gap South Dakota Medicaid fills.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026): SSI resource standards $2,000/$3,000, income cap limit (300%) 2,982.00, CSRA minimum $32,532 / maximum $162,660, MMMNA $2,705.00 (7-1-26), maximum MMNA $4,066.50. medicaid.gov. Retrieved Aug 7, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
For a resident who qualifies, South Dakota 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. If you meet the clinical and financial criteria, the coverage is there.
What South Dakota Medicaid pays for inside the facility:
- Room and board.
- Nursing care and help with daily activities.
- Prescription drugs, physician services, and therapies covered under the daily rate.
- Medical supplies and medically necessary transportation.
To get there, an applicant has to clear two separate tests: a medical one and a financial one.
South Dakota Medicaid Nursing Home Medical Eligibility (Level of Care)
Before South Dakota Medicaid pays for a nursing home, the resident has to need that level of care. The state uses a level-of-care assessment to confirm the person requires the skilled or custodial care a nursing facility provides, rather than care that could safely be delivered at home or in assisted living.
In practice, this means the resident needs ongoing nursing supervision or hands-on help with several activities of daily living, things like transferring in and out of bed, toileting, eating, and managing medications. A physician documents the need, and the facility's admission process and the resident's medical records support it. Most older adults entering a nursing home directly from a hospital stay, after a stroke, a serious fall, or advancing dementia, clear this bar without difficulty.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026): SSI resource standards $2,000/$3,000, income cap limit (300%) 2,982.00, CSRA minimum $32,532 / maximum $162,660, MMMNA $2,705.00 (7-1-26), maximum MMNA $4,066.50. medicaid.gov. Retrieved Aug 7, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
If the person's needs are real but could be met at home, the better fit may be one of South Dakota's home- and community-based waiver programs, such as the South Dakota Medicaid HOPE Waiver, rather than institutional Medicaid. State rule runs the community-spouse resource assessment for a waiver participant the same way it does for a nursing-facility resident, which is worth knowing before you assume a nursing home is the only option.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026): SSI resource standards $2,000/$3,000, income cap limit (300%) 2,982.00, CSRA minimum $32,532 / maximum $162,660, MMMNA $2,705.00 (7-1-26), maximum MMNA $4,066.50. medicaid.gov. Retrieved Aug 7, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
South Dakota Medicaid Nursing Home Financial Eligibility: Assets and Income
This is where most families get stuck, and where South Dakota's rules matter most.
The asset limit
A single nursing-home applicant is limited to $2,000 in countable assets. The limit rises to $3,000 for a married applicant only if both spouses begin receiving long-term care services in the same month.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026): SSI resource standards $2,000/$3,000, income cap limit (300%) 2,982.00, CSRA minimum $32,532 / maximum $162,660, MMMNA $2,705.00 (7-1-26), maximum MMNA $4,066.50. medicaid.gov. Retrieved Aug 7, 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): SSI resource standards $2,000/$3,000, income cap limit (300%) 2,982.00, CSRA minimum $32,532 / maximum $162,660, MMMNA $2,705.00 (7-1-26), maximum MMNA $4,066.50. medicaid.gov. Retrieved Aug 7, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
- The primary residence, so long as it remains the applicant's principal place of residence and the equity in it does not exceed $752,000, the federal minimum home-equity limit that South Dakota applies.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026): SSI resource standards $2,000/$3,000, income cap limit (300%) 2,982.00, CSRA minimum $32,532 / maximum $162,660, MMMNA $2,705.00 (7-1-26), maximum MMNA $4,066.50. medicaid.gov. Retrieved Aug 7, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,Office of the Law Revision Counsel, U.S. House of Representatives. (2026). 42 U.S.C. 1396p(f) - Disqualification for long-term care assistance for individuals with substantial home equity, including the (f)(2) exception and the (f)(4) hardship waiver (uscode.house.gov prelim view, rolling edition; text contains those laws in effect on August 1, 2026). uscode.house.gov. Retrieved Sep 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim Note the consequence if it does: state rule makes the applicant ineligible for long-term care medical assistance outright, not merely charged with the excess. That equity limit does not apply where the applicant's spouse, or a child under 21, is blind or permanently and totally disabled and lawfully resides in the home.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026): SSI resource standards $2,000/$3,000, income cap limit (300%) 2,982.00, CSRA minimum $32,532 / maximum $162,660, MMMNA $2,705.00 (7-1-26), maximum MMNA $4,066.50. medicaid.gov. Retrieved Aug 7, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
- One automobile, regardless of its value, if it is used for necessary transportation for the applicant, the couple, or a household member.
- Household goods, personal effects, and items essential to everyday living.
- A prepaid burial contract, but only if it is irrevocable. A prepaid arrangement you can still cash out is not excluded.
South Dakota applies a 60-month look-back to uncompensated transfers, so gifts or below-market transfers made within five years of applying can trigger a penalty period.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026): SSI resource standards $2,000/$3,000, income cap limit (300%) 2,982.00, CSRA minimum $32,532 / maximum $162,660, MMMNA $2,705.00 (7-1-26), maximum MMNA $4,066.50. medicaid.gov. Retrieved Aug 7, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
The income cap and the Medicaid income trust
For nursing-facility coverage, South Dakota sets a hard income cap of $2,982 per month in 2026, equal to 300% of the 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): SSI resource standards $2,000/$3,000, income cap limit (300%) 2,982.00, CSRA minimum $32,532 / maximum $162,660, MMMNA $2,705.00 (7-1-26), maximum MMNA $4,066.50. medicaid.gov. Retrieved Aug 7, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
That figure is an eligibility bar, not a spend-down threshold. State rule makes someone who is in a medical or nursing facility, or who is participating in a home- and community-based waiver, ineligible for long-term care assistance when monthly income exceeds 300% of the maximum SSI standard benefit amount.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026): SSI resource standards $2,000/$3,000, income cap limit (300%) 2,982.00, CSRA minimum $32,532 / maximum $162,660, MMMNA $2,705.00 (7-1-26), maximum MMNA $4,066.50. medicaid.gov. Retrieved Aug 7, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
For income above the cap, South Dakota's rules provide a Medicaid income trust, the state's own name for the device called a qualified income trust or Miller Trust elsewhere. The rules require it to be established for the sole benefit of the beneficiary and composed only of the beneficiary's own pension, Social Security, or other income. The trustee must pay the beneficiary a monthly amount that, added to income kept outside the trust, does not exceed 300% of the maximum SSI standard benefit amount, and must pay whatever remains in the trust each month to the nursing facility or waiver provider. On the beneficiary's death, DSS must receive what is left in the trust, up to the total medical assistance paid on the beneficiary's behalf after September 30, 1993. Getting the terms right is a step most families handle with an elder-law attorney.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026): SSI resource standards $2,000/$3,000, income cap limit (300%) 2,982.00, CSRA minimum $32,532 / maximum $162,660, MMMNA $2,705.00 (7-1-26), maximum MMNA $4,066.50. medicaid.gov. Retrieved Aug 7, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
For a full walk-through of the income standards, the trust mechanics, and exempt assets, see South Dakota Medicaid eligibility and income limits.
What You Pay: Patient Liability
Once a resident is approved, the question becomes how much of their income goes to the facility each month. The resident's contribution is the patient liability, and it is calculated by starting from gross monthly income and subtracting three things in a fixed order.
Subtract the personal needs allowance
South Dakota lets the resident keep $100 per month for personal expenses like haircuts, clothing, and toiletries.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026): SSI resource standards $2,000/$3,000, income cap limit (300%) 2,982.00, CSRA minimum $32,532 / maximum $162,660, MMMNA $2,705.00 (7-1-26), maximum MMNA $4,066.50. medicaid.gov. Retrieved Aug 7, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
Subtract health insurance premiums
This covers the Medicare Part B premium and any Medigap premium the resident pays.
Subtract a maintenance allowance for an at-home spouse
If the resident is married and their spouse stays in the community, part of the income shifts to that spouse (covered in the next section).
Whatever remains is the patient liability the resident pays the facility. South Dakota Medicaid pays the rest of the facility's Medicaid rate. The resident is never left without the personal needs allowance set aside.
A simple example shows how it works. Suppose a widower in a Sioux Falls nursing home has no at-home spouse, and his Medicare Part B premium is already covered by a Medicare Savings Program. Because his income tops the cap, he routes it through a Miller Trust. His patient liability is his gross monthly income minus the $100 personal needs allowance, paid to the facility each month. He keeps the $100, and Medicaid covers the gap between his liability and the facility's Medicaid rate.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026): SSI resource standards $2,000/$3,000, income cap limit (300%) 2,982.00, CSRA minimum $32,532 / maximum $162,660, MMMNA $2,705.00 (7-1-26), maximum MMNA $4,066.50. medicaid.gov. Retrieved Aug 7, 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. South Dakota 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, up to a 2026 maximum of $162,660 (minimum $32,532). This is separate from the institutionalized 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): SSI resource standards $2,000/$3,000, income cap limit (300%) 2,982.00, CSRA minimum $32,532 / maximum $162,660, MMMNA $2,705.00 (7-1-26), maximum MMNA $4,066.50. medicaid.gov. Retrieved Aug 7, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
- The Minimum Monthly Maintenance Needs Allowance (MMMNA) lets income shift from the nursing-home spouse to the at-home spouse. The floor and the ceiling here are two different standards, and they are easy to confuse. The floor is $2,705.00 per month, effective July 1, 2026; high shelter costs can lift the allowance above it. The ceiling is $4,066.50 per month, and South Dakota's own rule provides that the combined spousal allowances may not exceed that amount unless a court order of support applies or a fair hearing finds financial duress.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): SSI resource standards $2,000/$3,000, income cap limit (300%) 2,982.00, CSRA minimum $32,532 / maximum $162,660, MMMNA $2,705.00 (7-1-26), maximum MMNA $4,066.50. medicaid.gov. Retrieved Aug 7, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
Because the asset snapshot, the housing-cost calculation, and the resource allowance 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 South Dakota 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.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
Age 55 is worth being precise about, because it is easy to read as a threshold that keeps a younger recipient's estate out of reach. In South Dakota it is not. DSS states it may recover from any estate if the individual was a recipient after July 1, 1994. What age 55 limits is the scope of the claim: against the estate of someone who was 55 or older, DSS is restricted to claiming for nursing facility services, home and community-based services, intermediate care facility services, and hospital and prescription drug services.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026): SSI resource standards $2,000/$3,000, income cap limit (300%) 2,982.00, CSRA minimum $32,532 / maximum $162,660, MMMNA $2,705.00 (7-1-26), maximum MMNA $4,066.50. medicaid.gov. Retrieved Aug 7, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
Federal protections limit when and how the state can collect: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
- There is no recovery while a surviving spouse is alive.
- Recovery is deferred while a child under 21, or a blind or disabled child of any age, survives.
- A hardship waiver is available where recovery would create undue hardship for survivors, such as an heir who would lose their primary home or means of support.
The practical takeaway: the family home is exempt while the resident lives, but it can be subject to recovery after death once any surviving-spouse or dependent protections no longer apply. That's a planning conversation worth having with an elder-law attorney before a parent enters a facility. For the full mechanics, see South Dakota Medicaid estate recovery.
How to Find a South Dakota Medicaid Nursing Home
Almost every nursing home in South Dakota is certified to accept Medicaid, but quality varies widely, and that's the choice that matters most. Two free tools should drive the search: Medicare Care Compare, which publishes a five-star rating for every certified facility, and the South Dakota Long-Term Care Ombudsman, a free state advocate who can flag concerns a survey report won't show.
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?
Frequently Asked Questions
Does South Dakota Medicaid pay for nursing home care?
Yes. South Dakota 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 qualifying hospital stay, up to 100 days per benefit period, and does not cover long-term custodial care.Centers for Medicare & Medicaid Services. (n.d.). SNF Care Coverage. medicare.gov. Retrieved Jun 23, 2026, from https://www.medicare.gov/coverage/skilled-nursing-facility-care
What is the income limit for South Dakota nursing home Medicaid?
The income cap is $2,982 per month in 2026 (300% of the SSI Federal Benefit Rate). It is a hard eligibility bar: state rule makes someone in a nursing facility or a home- and community-based waiver ineligible for long-term care assistance once monthly income exceeds it. For income above the cap, South Dakota's rules provide a Medicaid income trust, the state's name for a qualified income trust or Miller Trust, with the income paid into the trust passed on each month to the facility or waiver provider.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026): SSI resource standards $2,000/$3,000, income cap limit (300%) 2,982.00, CSRA minimum $32,532 / maximum $162,660, MMMNA $2,705.00 (7-1-26), maximum MMNA $4,066.50. medicaid.gov. Retrieved Aug 7, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
How much of my income do I keep in a South Dakota nursing home?
You keep a personal needs allowance of $100 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): SSI resource standards $2,000/$3,000, income cap limit (300%) 2,982.00, CSRA minimum $32,532 / maximum $162,660, MMMNA $2,705.00 (7-1-26), maximum MMNA $4,066.50. medicaid.gov. Retrieved Aug 7, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
Will South Dakota take my house if I go into a nursing home?
Not during your lifetime. The home is an exempt asset while you're alive, up to South Dakota's 2026 home-equity limit of $752,000.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 After death, DSS may recover from the estate of anyone who was a Medicaid recipient after July 1, 1994; where the person was 55 or older, its claim is restricted to long-term care, hospital, and prescription drug services. DSS may not recover while a surviving spouse is living, or while a surviving child is under 21, blind, or disabled, and a hardship waiver is available.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026): SSI resource standards $2,000/$3,000, income cap limit (300%) 2,982.00, CSRA minimum $32,532 / maximum $162,660, MMMNA $2,705.00 (7-1-26), maximum MMNA $4,066.50. medicaid.gov. Retrieved Aug 7, 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
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 up to $162,660 in 2026 under the Community Spouse Resource Allowance, plus a maintenance allowance that starts at a floor of $2,705.00 per month and, with high shelter costs, can rise toward a ceiling of $4,066.50. These protections are separate from the nursing-home spouse's $2,000 asset limit.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), U.S. Code prelim (rolling current edition), Office of the Law Revision Counsel — the CSRA is the GREATEST of four alternatives; the dollar cap binds only clauses (i) and (ii)(II); (e)(2) fair-hearing and (f)(3) court-order routes carry no dollar amount. uscode.house.gov. Retrieved Sep 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r-5&num=0&edition=prelim,Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026): SSI resource standards $2,000/$3,000, income cap limit (300%) 2,982.00, CSRA minimum $32,532 / maximum $162,660, MMMNA $2,705.00 (7-1-26), maximum MMNA $4,066.50. medicaid.gov. Retrieved Aug 7, 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.