Virginia Medicaid income limits come in two versions, and most guides give you only one. For long-term care the 2026 standard is $2,982 a month, and being over that line does not shut the door the way most write-ups imply: there is no Miller Trust to set up here, because Virginia lets you spend the excess down instead.U.S. Social Security Administration. (2016). SSA - POMS: SI 01715.020 - List of State Medicaid Programs for the Aged, Blind and Disabled - 08/02/2016. secure.ssa.gov. Retrieved Jun 24, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020 For everyone else, including adults under 65, children, and parents and caretaker relatives, a different test applies. It is set as a percent of the federal poverty level, and it carries no asset limit at all.U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(e)(14)(B)-(D) - No income or expense disregards and no assets test for MAGI-based eligibility, with exceptions for the aged/ABD/medically needy. govinfo.gov. Retrieved Jul 16, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title42/html/USCODE-2023-title42-chap7-subchapXIX-sec1396a.htm
This guide covers both. It starts with which limit applies to you and Virginia's 2026 MAGI figures by group, including what changes on your 65th birthday, then works through the long-term-care rules for aged, blind, and disabled residents in detail: the asset limit, how the spend-down works without a Qualified Income Trust, what a nursing-home resident keeps, what a spouse at home is protected from, the five-year look-back, and how to apply. The Commonwealth runs both tracks through its Department of Medical Assistance Services.U.S. Social Security Administration. (2016). SSA - POMS: SI 01715.020 - List of State Medicaid Programs for the Aged, Blind and Disabled - 08/02/2016. secure.ssa.gov. Retrieved Jun 24, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020
In This Guide
- Virginia Medicaid Income Limits in 2026: The Numbers That Matter
- Which Virginia Medicaid Income Limit Applies to You
- Turning 65: When the MAGI Pathway Closes
- The Virginia Medicaid Asset Limit and What Does Not Count
- How the Virginia Medicaid Income Limit Works: Spend-Down, Not a Miller Trust
- What a Nursing-Home Resident Keeps
- Protecting the Spouse Who Stays Home
- The Five-Year Look-Back
- After Death: Estate Recovery
- How to Apply in Virginia
- Frequently Asked Questions
- Learn More
Which Virginia Medicaid Income Limit Applies to You
Virginia runs two different Medicaid income tests. They produce different numbers for the same household, and which one applies depends on who is asking, not on how much they earn.
The $2,982/month figure above is the SSI-related aged, blind, and disabled (ABD) standard. It governs nursing-facility and waiver coverage, and it is the number that carries the $2,000 asset limit.U.S. Social Security Administration. (2016). SSA - POMS: SI 01715.020 - List of State Medicaid Programs for the Aged, Blind and Disabled - 08/02/2016. secure.ssa.gov. Retrieved Jun 24, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020,U.S. Social Security Administration. (2026). Social Security Announces 2.8 Percent Benefit Increase for 2026. ssa.gov. Retrieved Jun 24, 2026, from https://www.ssa.gov/news/en/press/releases/2025-10-24.html Most of this guide is about that test, because it is the one families face when a parent needs long-term care.
The other test is MAGI, short for modified adjusted gross income. It governs the groups that make up most Medicaid enrollment: adults under 65 who are not disabled or pregnant, children, pregnant women, and parents and other caretaker relatives. MAGI limits are set as a percent of the federal poverty level (FPL), and federal law bars Virginia from applying any asset or resource test to these groups.U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(e)(14)(B)-(D) - No income or expense disregards and no assets test for MAGI-based eligibility, with exceptions for the aged/ABD/medically needy. govinfo.gov. Retrieved Jul 16, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title42/html/USCODE-2023-title42-chap7-subchapXIX-sec1396a.htm
That last point is the sharpest contrast on this page. The $2,000 asset limit that dominates long-term-care planning does not exist on the MAGI side. Someone applying through a MAGI group who is worried about their savings is worried about the wrong test.U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(e)(14)(B)-(D) - No income or expense disregards and no assets test for MAGI-based eligibility, with exceptions for the aged/ABD/medically needy. govinfo.gov. Retrieved Jul 16, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title42/html/USCODE-2023-title42-chap7-subchapXIX-sec1396a.htm
Virginia's 2026 MAGI Income Limits by Group
Virginia has adopted the ACA Medicaid expansion, so it covers the expansion adult group, which it calls MAGI Adults.Centers for Medicare & Medicaid Services. (2023). Medicaid, Children's Health Insurance Program & Basic Health Program Eligibility Levels (medicaid.gov national table; snapshot as of 12/1/2023). medicaid.gov. Retrieved Jul 15, 2026, from https://www.medicaid.gov/medicaid/national-medicaid-chip-program-information/medicaid-childrens-health-insurance-program-basic-health-program-eligibility-levels,KFF. (n.d.). KFF — Status of State Medicaid Expansion Decisions. kff.org. Retrieved Jul 13, 2026, from https://www.kff.org/medicaid/status-of-state-medicaid-expansion-decisions/
| Group | Base standard | Applied limit with the 5% FPL disregard |
|---|---|---|
| MAGI Adults (ages 19 to 64) | 133% FPL | 138% FPL |
| Children under age 19 | 143% FPL | 148% FPL |
| Pregnant women | 143% FPL | 148% FPL |
| FAMIS (separate CHIP, for children over the Medicaid limit) | 200% FPL | Not stated on Virginia's chart |
| Parents and caretaker relatives (LIFC) | A dollar standard, tiered by locality, not a percent of FPL | Not applicable |
Why the same group shows two numbers. Virginia states a base standard for each group and then adds the standard five-percentage-point FPL disregard on top of it. That is why the federal eligibility table lists Virginia's adult group at 133% while Virginia's own charts state 138%. The two figures are not in conflict, and neither is wrong: the federal table shows the base standard, Virginia's chart shows the standard after the disregard, and the five-point gap between them is the disregard itself. Virginia's charts apply it to the MAGI Adults, children, and pregnant-women standards.Centers for Medicare & Medicaid Services. (2023). Medicaid, Children's Health Insurance Program & Basic Health Program Eligibility Levels (medicaid.gov national table; snapshot as of 12/1/2023). medicaid.gov. Retrieved Jul 15, 2026, from https://www.medicaid.gov/medicaid/national-medicaid-chip-program-information/medicaid-childrens-health-insurance-program-basic-health-program-eligibility-levels
Children are one band, not three. Virginia does not split children into age bands for the income standard. Infants, young children, and teenagers all use a single Child Under Age 19 standard of 143% FPL, even though the federal table lists three separate columns at that same level. Children over the Medicaid limit are served by FAMIS, Virginia's separate CHIP program, at 200% FPL. The federal floor for children is 133% FPL, so Virginia covers children somewhat above the minimum it is required to meet.Centers for Medicare & Medicaid Services. (2023). Medicaid, Children's Health Insurance Program & Basic Health Program Eligibility Levels (medicaid.gov national table; snapshot as of 12/1/2023). medicaid.gov. Retrieved Jul 15, 2026, from https://www.medicaid.gov/medicaid/national-medicaid-chip-program-information/medicaid-childrens-health-insurance-program-basic-health-program-eligibility-levels,U.S. Government Publishing Office. (n.d.). 42 CFR 435.118 — Coverage of children under age 19 (Mandatory Coverage), eCFR. ecfr.gov. Retrieved Jul 15, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-B/subject-group-ECFR5862e2658e2b5d6/section-435.118
Pregnant women qualify at 143% FPL, and FAMIS MOMS and FAMIS Prenatal extend pregnancy coverage up to 200% FPL.Centers for Medicare & Medicaid Services. (2023). Medicaid, Children's Health Insurance Program & Basic Health Program Eligibility Levels (medicaid.gov national table; snapshot as of 12/1/2023). medicaid.gov. Retrieved Jul 15, 2026, from https://www.medicaid.gov/medicaid/national-medicaid-chip-program-information/medicaid-childrens-health-insurance-program-basic-health-program-eligibility-levels
The Parent and Caretaker-Relative Pathway
A grandparent raising a grandchild is the case that brings eldercare readers to this group, so it is worth being precise about it.
Parents and other caretaker relatives are a federally mandatory Medicaid group, but they are covered only at the state's old cash-welfare (AFDC) income standard, frozen at pre-1996 levels and converted to a MAGI equivalent. That federal floor is typically far below the poverty level, which is why in a state that did not adopt the ACA expansion a working parent can be over the Medicaid income limit at a very low income.U.S. Government Publishing Office. (n.d.). 42 CFR 435.110 — Parents and other caretaker relatives (Mandatory Coverage), eCFR. ecfr.gov. Retrieved Jul 15, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-B/subject-group-ECFR5862e2658e2b5d6/section-435.110
Two things change that picture in Virginia. First, the frozen-AFDC number is a federal minimum, not a ceiling, and a state may set its own standard above it. Virginia calls this group Low-Income Families with Children (LIFC) and sets it in dollars rather than as a percent of FPL, tiered by locality group, so it does not reduce to a single statewide percentage the way the other groups do. The current LIFC amounts come from DMAS; ask your local social services department for the figure that applies to your locality and household size.Centers for Medicare & Medicaid Services. (2023). Medicaid, Children's Health Insurance Program & Basic Health Program Eligibility Levels (medicaid.gov national table; snapshot as of 12/1/2023). medicaid.gov. Retrieved Jul 15, 2026, from https://www.medicaid.gov/medicaid/national-medicaid-chip-program-information/medicaid-childrens-health-insurance-program-basic-health-program-eligibility-levels
Second, because Virginia adopted the expansion, a caretaker between 19 and 64 who is over the LIFC standard is not out of options. The MAGI Adults group covers them up to 138% FPL whether or not they are caring for a child.Centers for Medicare & Medicaid Services. (2023). Medicaid, Children's Health Insurance Program & Basic Health Program Eligibility Levels (medicaid.gov national table; snapshot as of 12/1/2023). medicaid.gov. Retrieved Jul 15, 2026, from https://www.medicaid.gov/medicaid/national-medicaid-chip-program-information/medicaid-childrens-health-insurance-program-basic-health-program-eligibility-levels,U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(a)(10)(A)(i)(VIII) and (e)(14) — State plans for medical assistance (Social Security Act §1902), govinfo USCODE Title 42. govinfo.gov. Retrieved Jun 26, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2022-title42/html/USCODE-2022-title42-chap7-subchapXIX-sec1396a.htm
Whether a particular grandparent counts as a caretaker relative, and whose income gets counted, are questions for DMAS rather than for a table. MAGI household size follows federal tax-filing relationships, so the household is generally the tax household, and the answer can come out differently from the household rules used on the ABD side for the same family.U.S. Government Publishing Office. (n.d.). 42 CFR 435.603(f) — Household (Application of modified adjusted gross income), eCFR. ecfr.gov. Retrieved Jul 15, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-I/subject-group-ECFRea9a5b3f889febd/section-435.603
Turning 65: When the MAGI Pathway Closes
Because Virginia adopted the expansion, this transition applies here in full force, and it is the part of Virginia Medicaid income limits that catches families off guard.
The expansion adult group is written for people under 65 years of age, not pregnant, and not entitled to or enrolled in Medicare, at an effective ceiling of 138% FPL, with no asset test.U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(a)(10)(A)(i)(VIII) and (e)(14) — State plans for medical assistance (Social Security Act §1902), govinfo USCODE Title 42. govinfo.gov. Retrieved Jun 26, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2022-title42/html/USCODE-2022-title42-chap7-subchapXIX-sec1396a.htm,U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(e)(14)(B)-(D) - No income or expense disregards and no assets test for MAGI-based eligibility, with exceptions for the aged/ABD/medically needy. govinfo.gov. Retrieved Jul 16, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title42/html/USCODE-2023-title42-chap7-subchapXIX-sec1396a.htm For one person in 2026 that ceiling works out to roughly $1,835/month: 138% of the $15,960/year federal poverty guideline for a household of one in the 48 contiguous states and the District of Columbia, which is the schedule Virginia uses. (Alaska and Hawaii run on separate, higher guidelines.)Office of the Assistant Secretary for Planning and Evaluation, U.S. Department of Health and Human Services. (n.d.). Poverty Guidelines. aspe.hhs.gov. Retrieved Jun 22, 2026, from https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines,U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(a)(10)(A)(i)(VIII) and (e)(14) — State plans for medical assistance (Social Security Act §1902), govinfo USCODE Title 42. govinfo.gov. Retrieved Jun 26, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2022-title42/html/USCODE-2022-title42-chap7-subchapXIX-sec1396a.htm
On the 65th birthday that pathway closes, and the same person is assessed on the SSI-related ABD track instead. Two things change at once:
- The income yardstick. It becomes the SSI federal benefit rate of $994/month for an individual rather than 138% FPL.U.S. Social Security Administration. (2026). Social Security Announces 2.8 Percent Benefit Increase for 2026. ssa.gov. Retrieved Jun 24, 2026, from https://www.ssa.gov/news/en/press/releases/2025-10-24.html
- A resource test appears. The MAGI groups are barred from applying one. The ABD track is not, and it defaults to the SSI standard of $2,000 for an individual, which is the figure Virginia uses.U.S. Social Security Administration. (2026). Social Security Announces 2.8 Percent Benefit Increase for 2026. ssa.gov. Retrieved Jun 24, 2026, from https://www.ssa.gov/news/en/press/releases/2025-10-24.html,U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(e)(14)(B)-(D) - No income or expense disregards and no assets test for MAGI-based eligibility, with exceptions for the aged/ABD/medically needy. govinfo.gov. Retrieved Jul 16, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title42/html/USCODE-2023-title42-chap7-subchapXIX-sec1396a.htm,U.S. Social Security Administration. (2016). SSA - POMS: SI 01715.020 - List of State Medicaid Programs for the Aged, Blind and Disabled - 08/02/2016. secure.ssa.gov. Retrieved Jun 24, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020
The gap between those two yardsticks is where families get caught. A 64-year-old covered at $1,600/month sits comfortably under the $1,835 expansion ceiling but well over the $994 SSI rate, so with modest savings they can be over both tests at 65 without a dollar of income changing.Office of the Assistant Secretary for Planning and Evaluation, U.S. Department of Health and Human Services. (n.d.). Poverty Guidelines. aspe.hhs.gov. Retrieved Jun 22, 2026, from https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines,U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(a)(10)(A)(i)(VIII) and (e)(14) — State plans for medical assistance (Social Security Act §1902), govinfo USCODE Title 42. govinfo.gov. Retrieved Jun 26, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2022-title42/html/USCODE-2022-title42-chap7-subchapXIX-sec1396a.htm,U.S. Social Security Administration. (2026). Social Security Announces 2.8 Percent Benefit Increase for 2026. ssa.gov. Retrieved Jun 24, 2026, from https://www.ssa.gov/news/en/press/releases/2025-10-24.html The income standard drops and an asset test that never applied to them appears.
Age is not the only trigger. The expansion group also excludes anyone entitled to or enrolled in Medicare, so a person under 65 who reaches Medicare through disability leaves the 138% no-asset-test group the same way.U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(a)(10)(A)(i)(VIII) and (e)(14) — State plans for medical assistance (Social Security Act §1902), govinfo USCODE Title 42. govinfo.gov. Retrieved Jun 26, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2022-title42/html/USCODE-2022-title42-chap7-subchapXIX-sec1396a.htm
Virginia's medically needy rules blunt the income half of this transition. As the next sections explain, income above the ABD standard does not disqualify an applicant in Virginia; the excess goes toward the cost of care instead. The resource test is the sharper change, because on the MAGI side no asset test applied at all.U.S. Social Security Administration. (2016). SSA - POMS: SI 01715.020 - List of State Medicaid Programs for the Aged, Blind and Disabled - 08/02/2016. secure.ssa.gov. Retrieved Jun 24, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020,U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(e)(14)(B)-(D) - No income or expense disregards and no assets test for MAGI-based eligibility, with exceptions for the aged/ABD/medically needy. govinfo.gov. Retrieved Jul 16, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title42/html/USCODE-2023-title42-chap7-subchapXIX-sec1396a.htm
The Virginia Medicaid Asset Limit and What Does Not Count
For a single applicant seeking Virginia Medicaid-funded long-term care, the state caps countable assets at $2,000. When both spouses apply, the limit is $4,000, counted as $2,000 each.U.S. Social Security Administration. (2016). SSA - POMS: SI 01715.020 - List of State Medicaid Programs for the Aged, Blind and Disabled - 08/02/2016. secure.ssa.gov. Retrieved Jun 24, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020 This is the standard federal SSI-related resource figure, unchanged in decades, and it is where Virginia is far stricter than states that have raised their limits into the tens of thousands.
"Countable" is the load-bearing word. Virginia, like every state, exempts a long list of assets from the count:
- Your home, as long as equity stays under the federal long-term-care limit of $752,000 in 2026, and you, a spouse, or a dependent relative live there or you intend to return.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396p(f) - Disqualification for long-term care assistance for individuals with substantial home equity (USCODE 2024 ed., govinfo.gov). govinfo.gov. Retrieved Jun 23, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/pdf/USCODE-2024-title42-chap7-subchapXIX-sec1396p.pdf
- One vehicle, regardless of value.U.S. Social Security Administration. (2016). SSA - POMS: SI 01715.020 - List of State Medicaid Programs for the Aged, Blind and Disabled - 08/02/2016. secure.ssa.gov. Retrieved Jun 24, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020
- Household goods and personal effects.
- A prepaid burial arrangement.
So the $2,000 applies to things like bank accounts, a second car, and investments, not the roof over your head or the car in the driveway.U.S. Social Security Administration. (2016). SSA - POMS: SI 01715.020 - List of State Medicaid Programs for the Aged, Blind and Disabled - 08/02/2016. secure.ssa.gov. Retrieved Jun 24, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020 The gap between the strict cash limit and these generous exemptions is exactly why Medicaid planning exists, and why the look-back rules below matter so much. For the broader toolkit, see our guide to Medicaid planning strategies.
How the Virginia Medicaid Income Limit Works: Spend-Down, Not a Miller Trust
Here is where most write-ups about Virginia Medicaid income limits go wrong. They quote the $2,982/month income standard for long-term care, which is correct, set at 300% of the 2026 SSI federal benefit rate of $994, and then describe the state as if it were a hard income-cap state.U.S. Social Security Administration. (2016). SSA - POMS: SI 01715.020 - List of State Medicaid Programs for the Aged, Blind and Disabled - 08/02/2016. secure.ssa.gov. Retrieved Jun 24, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020,U.S. Social Security Administration. (2026). Social Security Announces 2.8 Percent Benefit Increase for 2026. ssa.gov. Retrieved Jun 24, 2026, from https://www.ssa.gov/news/en/press/releases/2025-10-24.html It is not.
Virginia is a medically needy state. That means an applicant whose income sits above $2,982 is not simply disqualified. Instead, the excess becomes a spend-down: once you have incurred enough medical and care costs in a budget period to absorb the income above Virginia's medically needy threshold, the program covers the rest. For an individual that threshold is regionalized into three locality groups, running $421.94/month (Group I), $485.58/month (Group II), and $631.26/month (Group III), effective July 1, 2026.U.S. Social Security Administration. (2016). SSA - POMS: SI 01715.020 - List of State Medicaid Programs for the Aged, Blind and Disabled - 08/02/2016. secure.ssa.gov. Retrieved Jun 24, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020
The practical consequence is large. In a strict income-cap state, an applicant even one dollar over the limit is shut out unless they route the excess through a Qualified Income Trust, also called a Miller Trust. Virginia has no such requirement. Because the state offers a medically needy spend-down pathway, a high-income applicant never has to set up a trust to qualify; the excess income simply goes toward the cost of care.U.S. Social Security Administration. (2016). SSA - POMS: SI 01715.020 - List of State Medicaid Programs for the Aged, Blind and Disabled - 08/02/2016. secure.ssa.gov. Retrieved Jun 24, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020
What a Nursing-Home Resident Keeps
When Virginia Medicaid pays for nursing-facility care, the resident contributes nearly all of their monthly income toward the cost of care. What they keep is the Personal Needs Allowance (PNA), money reserved for small personal expenses like clothing, a haircut, or a phone. In Virginia the PNA is $40/month for an individual and $60/month for a couple when both are institutionalized.U.S. Social Security Administration. (2016). SSA - POMS: SI 01715.020 - List of State Medicaid Programs for the Aged, Blind and Disabled - 08/02/2016. secure.ssa.gov. Retrieved Jun 24, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020
The resident's remaining income goes to the facility, after deductions for a community spouse (below) and certain health-insurance premiums. The $2,000 asset limit applies to nursing-home applicants the same way it applies to anyone else.U.S. Social Security Administration. (2016). SSA - POMS: SI 01715.020 - List of State Medicaid Programs for the Aged, Blind and Disabled - 08/02/2016. secure.ssa.gov. Retrieved Jun 24, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020 Because Virginia uses spend-down rather than a hard income cap, even a resident with substantial monthly income can qualify; they simply contribute more of it toward care. For the national picture on how the PNA is calculated, see our explainer on the Medicaid personal needs allowance.
Protecting the Spouse Who Stays Home
When one spouse needs long-term care and the other remains in the community, federal spousal-impoverishment rules keep the at-home spouse from being left destitute. Virginia applies the federal figures for 2026:Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 10, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,U.S. Government Publishing Office. (2024). 42 U.S.C. 1396p(f) - Disqualification for long-term care assistance for individuals with substantial home equity (USCODE 2024 ed., govinfo.gov). govinfo.gov. Retrieved Jun 23, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/pdf/USCODE-2024-title42-chap7-subchapXIX-sec1396p.pdf
| Protection | 2026 Amount | What it does |
|---|---|---|
| Community Spouse Resource Allowance (CSRA) | Half the couple's countable assets, up to $162,660; minimum $32,532 | The most in countable assets the at-home spouse may keep, on top of the applicant's own $2,000. |
| Minimum Monthly Maintenance Needs Allowance (MMMNA) | $2,705.00 (eff. 7/1/2026) to $4,066.50 (eff. 1/1/2026) | The income floor the at-home spouse is protected to; income can be shifted from the applicant to reach it. |
| Home-equity limit | $752,000 | Equity in the primary residence above this amount is countable for long-term-care eligibility. |
So a married couple is in a very different position from a single applicant. The community spouse can hold up to $162,660 in assets, far above the $2,000 applicant limit, and is protected to a monthly income floor in the federal MMMNA range while the other spouse receives Medicaid-funded care.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 10, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,U.S. Social Security Administration. (2016). SSA - POMS: SI 01715.020 - List of State Medicaid Programs for the Aged, Blind and Disabled - 08/02/2016. secure.ssa.gov. Retrieved Jun 24, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020
The Five-Year Look-Back
Virginia reviews asset transfers made in the 60 months before a long-term-care application.U.S. Social Security Administration. (2016). SSA - POMS: SI 01715.020 - List of State Medicaid Programs for the Aged, Blind and Disabled - 08/02/2016. secure.ssa.gov. Retrieved Jun 24, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020,U.S. Government Publishing Office. (2023). 42 USC 1396p - Liens, adjustments and recoveries, and transfers of assets (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 23, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title42/html/USCODE-2023-title42-chap7-subchapXIX-sec1396p.htm Giving away money or property for less than fair market value during that window, whether gifting a grandchild a down payment or signing a house over to a child for a dollar, can trigger a penalty period during which Medicaid will not pay for long-term-care services, even though you are otherwise eligible.
There are legitimate exceptions (transfers between spouses, transfers to a disabled child, certain caregiver-child home transfers) and legitimate planning approaches, but anything done inside the five-year window deserves an elder-law attorney's review first. If long-term care is on the horizon for someone in your family, talk to a professional before moving assets.
After Death: Estate Recovery
Like every state, Virginia runs a Medicaid estate-recovery program. After a recipient who was 55 or older and received long-term-care services dies, the state pursues repayment from the estate, unless the recipient is survived by a spouse or a minor, blind, or disabled child. An undue-hardship waiver also exists.U.S. Social Security Administration. (2016). SSA - POMS: SI 01715.020 - List of State Medicaid Programs for the Aged, Blind and Disabled - 08/02/2016. secure.ssa.gov. Retrieved Jun 24, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020,Legal Information Institute, Cornell Law School. (n.d.). 42 U.S. Code 1396p(b)(1)(B) - Liens, adjustments and recoveries (Legal Information Institute / Cornell). law.cornell.edu. Retrieved Jun 23, 2026, from https://www.law.cornell.edu/uscode/text/42/1396p For how estate recovery works and where families have room to plan, see our Medicaid estate recovery explainer.
How to Apply in Virginia
Virginia Medicaid is run by the Virginia Department of Medical Assistance Services (DMAS), and applications are processed by your local social services department. You have three ways to apply.U.S. Social Security Administration. (2016). SSA - POMS: SI 01715.020 - List of State Medicaid Programs for the Aged, Blind and Disabled - 08/02/2016. secure.ssa.gov. Retrieved Jun 24, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020
Long-term-care applicants also go through a level-of-care screening to confirm they need nursing-facility-level services. Apply even if you think you are over the income limit. Because Virginia uses a medically needy spend-down rather than a hard cap, many people who assume they earn too much for long-term-care Medicaid are not disqualified at all.U.S. Social Security Administration. (2016). SSA - POMS: SI 01715.020 - List of State Medicaid Programs for the Aged, Blind and Disabled - 08/02/2016. secure.ssa.gov. Retrieved Jun 24, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020
Frequently Asked Questions
What is the Virginia Medicaid income limit for long-term care in 2026?
The 2026 income standard for nursing-facility and waiver coverage is $2,982/month, set at 300% of the SSI federal benefit rate ($994). But income above that does not disqualify you. Virginia is a medically needy state, so you spend the excess down on medical and care costs to qualify.U.S. Social Security Administration. (2016). SSA - POMS: SI 01715.020 - List of State Medicaid Programs for the Aged, Blind and Disabled - 08/02/2016. secure.ssa.gov. Retrieved Jun 24, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020,U.S. Social Security Administration. (2026). Social Security Announces 2.8 Percent Benefit Increase for 2026. ssa.gov. Retrieved Jun 24, 2026, from https://www.ssa.gov/news/en/press/releases/2025-10-24.html
What is the Virginia Medicaid income limit if I am not applying for long-term care?
A different test applies, called MAGI (modified adjusted gross income). Adults 19 to 64 who are not disabled or pregnant qualify through Virginia's MAGI Adults group at 138% FPL, about $1,835/month for one person in 2026. Children under 19 are covered at 143% FPL, with FAMIS, Virginia's separate CHIP program, covering children over that limit up to 200% FPL. Pregnant women qualify at 143% FPL, and FAMIS MOMS and FAMIS Prenatal extend coverage to 200% FPL.Centers for Medicare & Medicaid Services. (2023). Medicaid, Children's Health Insurance Program & Basic Health Program Eligibility Levels (medicaid.gov national table; snapshot as of 12/1/2023). medicaid.gov. Retrieved Jul 15, 2026, from https://www.medicaid.gov/medicaid/national-medicaid-chip-program-information/medicaid-childrens-health-insurance-program-basic-health-program-eligibility-levels,Office of the Assistant Secretary for Planning and Evaluation, U.S. Department of Health and Human Services. (n.d.). Poverty Guidelines. aspe.hhs.gov. Retrieved Jun 22, 2026, from https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines,U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(a)(10)(A)(i)(VIII) and (e)(14) — State plans for medical assistance (Social Security Act §1902), govinfo USCODE Title 42. govinfo.gov. Retrieved Jun 26, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2022-title42/html/USCODE-2022-title42-chap7-subchapXIX-sec1396a.htm
Does Virginia Medicaid have an asset limit if I am under 65?
Not on the MAGI pathway. Federal law bars Virginia from applying any asset or resource test to the MAGI groups, which are expansion adults, children, pregnant women, and parents and caretaker relatives. The $2,000 asset limit belongs to the SSI-related aged, blind, and disabled and long-term-care pathways. On the 65th birthday the MAGI adult pathway closes, the income yardstick becomes the SSI federal benefit rate of $994/month, and the resource test appears.U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(e)(14)(B)-(D) - No income or expense disregards and no assets test for MAGI-based eligibility, with exceptions for the aged/ABD/medically needy. govinfo.gov. Retrieved Jul 16, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title42/html/USCODE-2023-title42-chap7-subchapXIX-sec1396a.htm,U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(a)(10)(A)(i)(VIII) and (e)(14) — State plans for medical assistance (Social Security Act §1902), govinfo USCODE Title 42. govinfo.gov. Retrieved Jun 26, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2022-title42/html/USCODE-2022-title42-chap7-subchapXIX-sec1396a.htm,U.S. Social Security Administration. (2026). Social Security Announces 2.8 Percent Benefit Increase for 2026. ssa.gov. Retrieved Jun 24, 2026, from https://www.ssa.gov/news/en/press/releases/2025-10-24.html,U.S. Social Security Administration. (2016). SSA - POMS: SI 01715.020 - List of State Medicaid Programs for the Aged, Blind and Disabled - 08/02/2016. secure.ssa.gov. Retrieved Jun 24, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020
Does Virginia require a Miller Trust (Qualified Income Trust)?
No. Virginia is a medically needy spend-down state, not an income-cap state, so there is no hard income ceiling for long-term-care Medicaid and no need for a Qualified Income Trust. An over-income applicant qualifies by incurring care costs that absorb the excess income, a key difference from income-cap states where over-income applicants must route income through a Miller Trust.U.S. Social Security Administration. (2016). SSA - POMS: SI 01715.020 - List of State Medicaid Programs for the Aged, Blind and Disabled - 08/02/2016. secure.ssa.gov. Retrieved Jun 24, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020
What is the Virginia Medicaid asset limit?
$2,000 in countable assets for a single long-term-care applicant, or $4,000 for a couple when both apply ($2,000 each). The home (up to $752,000 in equity), one vehicle, household goods, and prepaid burial are exempt from the count.U.S. Social Security Administration. (2016). SSA - POMS: SI 01715.020 - List of State Medicaid Programs for the Aged, Blind and Disabled - 08/02/2016. secure.ssa.gov. Retrieved Jun 24, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020,U.S. Government Publishing Office. (2024). 42 U.S.C. 1396p(f) - Disqualification for long-term care assistance for individuals with substantial home equity (USCODE 2024 ed., govinfo.gov). govinfo.gov. Retrieved Jun 23, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/pdf/USCODE-2024-title42-chap7-subchapXIX-sec1396p.pdf
How much can a spouse keep when the other spouse goes into a nursing home?
For 2026, the at-home (community) spouse can keep half the couple's countable assets up to $162,660 (the Community Spouse Resource Allowance, minimum $32,532) and is protected to a monthly income allowance in the federal range of $2,705.00 to $4,066.50. The home is also generally protected up to $752,000 of equity.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 10, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,U.S. Government Publishing Office. (2024). 42 U.S.C. 1396p(f) - Disqualification for long-term care assistance for individuals with substantial home equity (USCODE 2024 ed., govinfo.gov). govinfo.gov. Retrieved Jun 23, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/pdf/USCODE-2024-title42-chap7-subchapXIX-sec1396p.pdf
What does a nursing-home resident on Virginia Medicaid get to keep?
A Personal Needs Allowance of $40/month for an individual. The rest of the resident's monthly income goes toward the cost of care, after deductions for a community spouse and certain health-insurance premiums.U.S. Social Security Administration. (2016). SSA - POMS: SI 01715.020 - List of State Medicaid Programs for the Aged, Blind and Disabled - 08/02/2016. secure.ssa.gov. Retrieved Jun 24, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020
How do I apply for Virginia Medicaid long-term care?
Apply online through CommonHelp, by phone through the Cover Virginia call center at 1-855-242-8282, or in person at your local social services department. Long-term-care applicants also complete a level-of-care screening.U.S. Social Security Administration. (2016). SSA - POMS: SI 01715.020 - List of State Medicaid Programs for the Aged, Blind and Disabled - 08/02/2016. secure.ssa.gov. Retrieved Jun 24, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020
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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.