If your husband or wife needs nursing home care and you are afraid Wyoming Medicaid will drain everything you have saved together, the spousal impoverishment rules exist to stop exactly that. As the at-home spouse, you keep a protected share of the couple's countable assets, measured against 2026 federal resource standards of $32,532 and $162,660, plus enough monthly income to live on.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), United States Code, 2024 Edition, U.S. Government Publishing Office (govinfo) — the CSRA is the GREATEST of four alternatives; the dollar cap binds only clauses (i) and (ii)(II); (e)(2) fair-hearing and (f)(3) court-order routes carry no dollar amount. govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396r-5.htm
How Wyoming Medicaid Spousal Impoverishment Works
Watching a spouse move into a nursing facility is hard enough without fearing you will be left with nothing. The spousal impoverishment rules are the law's answer to that fear: they let the healthy spouse keep a home, savings, and steady income while Medicaid pays for the other spouse's care.
When one spouse enters a nursing facility, Wyoming Medicaid applies the federal spousal impoverishment protections in section 1924 of the Social Security Act (42 U.S.C. § 1396r-5). These rules have two parts: an asset protection and an income protection for the spouse who stays at home.U.S. Social Security Administration. (n.d.). Social Security Act §1924 [42 U.S.C. 1396r-5] — Treatment of income and resources for certain institutionalized spouses (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1924.htm If your spouse will get care at home through a Wyoming waiver instead, ask the Long-Term Care Eligibility Unit how these protections apply to your household.
Wyoming Medicaid is administered by the Wyoming Department of Health, Division of Healthcare Financing. For nursing home care, the spouse entering care must have countable income at or below $2,982/month (300% of the 2026 SSI Federal Benefit Rate), and an applicant above that limit is routed to an irrevocable income trust (also called a Miller Trust) before Medicaid will pay for long-term care. Income is not the whole test: a nursing home applicant must also meet a 30-day requirement (for example, 30 consecutive days in an institution, or verified SSI eligibility) and be medically eligible based on a public health nurse's needs assessment.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
Two terms run through this whole guide. The spouse entering long-term care is the institutionalized spouse. The spouse who remains at home is the community spouse. The community spouse's asset and income protections are calculated separately from the applicant's income eligibility.
CSRA vs. MMMNA at a Glance
| Protection | What it protects | 2026 figure |
|---|---|---|
| CSRA (Community Spouse Resource Allowance) | Assets | Federal resource standards of $32,532 and $162,660; Wyoming's own standard is not published in any source we could read |
| MMMNA (Minimum Monthly Maintenance Needs Allowance) | Income | Federal $2,705.00 minimum and $4,066.50 maximum; Wyoming lists $4,066.50, not a guaranteed amount |
How the CSRA Protects Your Spouse's Assets
The Community Spouse Resource Allowance (CSRA) is the portion of the couple's countable assets the community spouse gets to keep when the institutionalized spouse applies for Wyoming Medicaid long-term care coverage.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), United States Code, 2024 Edition, U.S. Government Publishing Office (govinfo) — the CSRA is the GREATEST of four alternatives; the dollar cap binds only clauses (i) and (ii)(II); (e)(2) fair-hearing and (f)(3) court-order routes carry no dollar amount. govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396r-5.htm
The Snapshot Date
Federal law takes a snapshot of the couple's total resources, owned by either spouse, as of the beginning of the institutionalized spouse's first continuous period of institutionalization, and computes a spousal share equal to half of that total. Either spouse can ask the state at that point to assess and document the total; each spouse gets a copy and notice of the right to a fair hearing.U.S. Social Security Administration. (n.d.). Social Security Act §1924 [42 U.S.C. 1396r-5] — Treatment of income and resources for certain institutionalized spouses (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1924.htm
The snapshot fixes the spousal share. At the time of application, though, the state counts everything either spouse holds then, to the extent it exceeds the community spouse resource allowance.U.S. Social Security Administration. (n.d.). Social Security Act §1924 [42 U.S.C. 1396r-5] — Treatment of income and resources for certain institutionalized spouses (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1924.htm
What Wyoming Publishes, and What It Does Not
Wyoming's eligibility manual states the mechanic without any fraction. The worker totals the couple's countable resources, subtracts the spousal resource allowance published in ECOM Table 7, and the remainder must be at or below the $2,000 single resource standard before Medicaid pays. Table 7 is published as an image, and no Wyoming source we could read states whether Wyoming protects half the couple's assets or some other amount.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
What is established is the federal band each state elects its own standard inside. For 2026 the federal resource standards run from a minimum of $32,532 to a maximum of $162,660. Those figures bound the state's standard, not every allowance: a fair hearing or court order can set a CSRA above $162,660.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), United States Code, 2024 Edition, U.S. Government Publishing Office (govinfo) — the CSRA is the GREATEST of four alternatives; the dollar cap binds only clauses (i) and (ii)(II); (e)(2) fair-hearing and (f)(3) court-order routes carry no dollar amount. govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396r-5.htm
So do not assume the 50 percent rule applies here. Ask the Wyoming Department of Health's Long-Term Care Eligibility Unit at 1-855-203-2936 for the spousal resource allowance in force for your case, and get the figure in writing before you plan around it.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
What Counts as a Countable Asset?
Both spouses' assets are pooled regardless of whose name is on the account.U.S. Social Security Administration. (n.d.). Social Security Act §1924 [42 U.S.C. 1396r-5] — Treatment of income and resources for certain institutionalized spouses (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1924.htm Countable assets generally include:
- Checking and savings accounts
- CDs and money market funds
- Stocks, bonds, and mutual funds
- Both spouses' IRAs and 401(k)s
- Cash value of life insurance above a small per-policy face-value threshold (confirm the exact figure with the Wyoming Department of Health)
- Non-home real estate
Wyoming's exemptions come with conditions. The home is exempt at any equity value while the community spouse lives there; a vehicle is exempt regardless of value only if it is needed for work, medical treatment or essential daily activities, or is modified for a person with a disability; household goods are exempt up to $2,000 of equity, plus a wedding ring, an engagement ring and items needed for a medical condition; and irrevocable burial contracts are exempt.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
How the MMMNA Protects Your Spouse's Income
The Minimum Monthly Maintenance Needs Allowance (MMMNA) is the income protection for the at-home spouse.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), United States Code, 2024 Edition, U.S. Government Publishing Office (govinfo) — the CSRA is the GREATEST of four alternatives; the dollar cap binds only clauses (i) and (ii)(II); (e)(2) fair-hearing and (f)(3) court-order routes carry no dollar amount. govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396r-5.htm
The federal figures for 2026 are:
- Federal minimum MMMNA: $2,705.00/month (effective 7/1/2026 through 6/30/2027)U.S. Government Publishing Office. (2024). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), United States Code, 2024 Edition, U.S. Government Publishing Office (govinfo) — the CSRA is the GREATEST of four alternatives; the dollar cap binds only clauses (i) and (ii)(II); (e)(2) fair-hearing and (f)(3) court-order routes carry no dollar amount. govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396r-5.htm
- Federal maximum: $4,066.50/month (effective 1/1/2026)U.S. Government Publishing Office. (2024). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), United States Code, 2024 Edition, U.S. Government Publishing Office (govinfo) — the CSRA is the GREATEST of four alternatives; the dollar cap binds only clauses (i) and (ii)(II); (e)(2) fair-hearing and (f)(3) court-order routes carry no dollar amount. govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396r-5.htm
Wyoming's eligibility manual (ECOM Table 1A, effective January 1, 2026) lists a spousal maintenance allowance of $4,066.50. No Wyoming source we could read explains how Wyoming computes the allowance for a given couple, whether it is reduced by the at-home spouse's own income, or whether it applies the $2,705.00 federal minimum, so do not count on receiving the full $4,066.50. Ask the Long-Term Care Eligibility Unit for the figure in your case.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
The Name-on-the-Check Rule
Under federal law (42 U.S.C. § 1396r-5(b)(2)), the community spouse keeps all of her own income regardless of amount. Income in the community spouse's name does not factor into the applicant's Medicaid eligibility. Only the institutionalized spouse's income flows toward the nursing facility cost.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396r-5 — Treatment of income and resources for certain institutionalized spouses (govinfo, U.S. Code 2024 edition). govinfo.gov. Retrieved Oct 3, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396r-5.htm
Income Diversion
When the community spouse's own income falls below the MMMNA, federal law allows an income diversion: a monthly allowance from the institutionalized spouse's income equal to the amount by which the MMMNA exceeds the community spouse's own income.U.S. Social Security Administration. (n.d.). Social Security Act §1924 [42 U.S.C. 1396r-5] — Treatment of income and resources for certain institutionalized spouses (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1924.htm
Wyoming calculates the resident's patient contribution, paid to the nursing facility, from total income less six allowable deductions: $50.00 for personal needs, a spousal maintenance allowance, court-ordered child support, uncovered medical expenses, a health insurance premium, and a Medicare premium for the first two months of eligibility. Wyoming Medicaid covers the rest.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
A worked example illustrating income diversion:
The figures below are hypothetical and shown only to illustrate how the calculation works. They are not a real case and not a prediction of your own result.
The community spouse receives $1,200/month from Social Security. Using the $2,705.00/month federal minimum MMMNA, her shortfall is $1,505.00/month. The institutionalized spouse receives $2,300/month from pension and Social Security. After the $50 personal needs deduction, part of what remains is diverted to the community spouse to close her $1,505.00 shortfall, and the rest becomes the patient contribution paid to the facility. The community spouse moves from $1,200/month to $2,705.00/month. Wyoming's own allowance for your household may differ.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), United States Code, 2024 Edition, U.S. Government Publishing Office (govinfo) — the CSRA is the GREATEST of four alternatives; the dollar cap binds only clauses (i) and (ii)(II); (e)(2) fair-hearing and (f)(3) court-order routes carry no dollar amount. govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396r-5.htm
Reaching the MMMNA Ceiling
Under federal law, the MMMNA rises above the minimum when the community spouse has excess shelter costs: rent or mortgage, taxes, insurance, and condo or co-op charges, plus a standard utility allowance, above a federal threshold.U.S. Social Security Administration. (n.d.). Social Security Act §1924 [42 U.S.C. 1396r-5] — Treatment of income and resources for certain institutionalized spouses (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1924.htm The excess-shelter standard is $811.50/month from July 1, 2026, and the total is capped at $4,066.50 unless a fair hearing finds exceptional circumstances causing significant financial duress.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), United States Code, 2024 Edition, U.S. Government Publishing Office (govinfo) — the CSRA is the GREATEST of four alternatives; the dollar cap binds only clauses (i) and (ii)(II); (e)(2) fair-hearing and (f)(3) court-order routes carry no dollar amount. govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396r-5.htm Confirm how Wyoming applies this to your household with the Wyoming Department of Health before relying on it.
Wyoming Medicaid Spousal Impoverishment and the Miller Trust
An institutionalized spouse whose countable monthly income exceeds $2,982 is routed to an income trust (Miller Trust) before Wyoming Medicaid will pay for long-term care. Wyoming requires the trust to be irrevocable, to hold only pension, Social Security and other income, and to make a monthly distribution used to pay the cost of nursing facility or HCBS care. No Wyoming source we could read states a deadline for setting it up, so confirm timing with the Long-Term Care Eligibility Unit.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf An elder law attorney should draft it.
The Miller Trust affects only the institutionalized spouse's income eligibility. It does not change the community spouse's CSRA or MMMNA, and those protections apply regardless.
For more on income eligibility, see Wyoming Medicaid eligibility and income limits.
The Home and Home Equity in Wyoming
The primary residence is exempt from Medicaid eligibility calculations as long as the community spouse lives there.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
For 2026, the federal home equity limit is $752,000 unless a state elects a higher amount, and Wyoming publishes its own figure in ECOM Table 7.U.S. Social Security Administration. (n.d.). Social Security Act sec. 1917(f) [42 U.S.C. 1396p(f)] - Disqualification for long-term care assistance for individuals with substantial home equity, including the (f)(2) exception, the (f)(3) reverse-mortgage route and the (f)(4) hardship waiver (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1917.htm,Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf When the community spouse lives in the home, the equity limit does not apply at all.U.S. Social Security Administration. (n.d.). Social Security Act sec. 1917(f) [42 U.S.C. 1396p(f)] - Disqualification for long-term care assistance for individuals with substantial home equity, including the (f)(2) exception, the (f)(3) reverse-mortgage route and the (f)(4) hardship waiver (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1917.htm
Federal law sets a 60-month look-back on asset transfers. Uncompensated transfers made in the five years before application can trigger a penalty period, so consult an elder law attorney if any assets were given away or sold below value during that window.U.S. Social Security Administration. (n.d.). Social Security Act sec. 1917(c) [42 U.S.C. 1396p(c)] - Taking into account certain transfers of assets: look-back date, penalty period, start date, divisor, and the (c)(2) exceptions (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1917.htm Wyoming's manual points to a table we could not read for its look-back, so confirm the period with the Long-Term Care Eligibility Unit.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
Assets That Are Exempt
Wyoming's ECOM Table 8, effective January 1, 2026, excludes these from the Medicaid eligibility calculation:Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
- Primary residence, at any equity value while the community spouse lives thereCenters for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
- One vehicle of any value, if it is needed for work, medical treatment or essential daily activities, or is modified for a person with a disabilityCenters for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
- Household goods and personal effects: one wedding and one engagement ring, items needed for a medical condition, and up to $2,000 of other equityCenters for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
- Burial funds: irrevocable burial contracts, plus $1,500 in revocable burial fundsCenters for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
Estate Recovery After Both Spouses Die
The home is safe while the community spouse lives there, but families should understand what happens later. After the Medicaid recipient dies, and after any surviving spouse has also died, Wyoming's Medicaid estate recovery program may seek repayment for the care it paid.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. § 1396p(b)(2) — Liens, adjustments and recoveries (Office of the Law Revision Counsel, U.S. House of Representatives). uscode.house.gov. Retrieved Aug 1, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim
Wyoming uses an expanded estate definition, so recovery can reach beyond assets that pass through probate. It can include property that transfers by joint tenancy, tenancy in common, survivorship, life estate, living trust, tenancy by the entirety, or payable-on-death bank accounts. Recovery is deferred while a surviving spouse is alive, and it cannot begin while a surviving child is under 21 or is blind or permanently and totally disabled. These rules delay recovery rather than cancel the debt. A narrow undue-hardship waiver exists for a working farm or ranch that is the heirs' sole source of income and provides their food and shelter.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. § 1396p(b)(2) — Liens, adjustments and recoveries (Office of the Law Revision Counsel, U.S. House of Representatives). uscode.house.gov. Retrieved Aug 1, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim
For the full rules and how to request a waiver, see Wyoming Medicaid estate recovery.
Applying for Wyoming Medicaid Long-Term Care
Wyoming Medicaid for long-term care is administered by the Wyoming Department of Health, Division of Healthcare Financing. The CSRA and MMMNA are calculated as part of the nursing home Medicaid application, handled by the Long-Term Care Eligibility Unit. For a full walkthrough, see the Wyoming Medicaid how-to-apply guide.
Gather documentation
Collect bank and brokerage statements as of the snapshot date, property records, insurance policies, and income statements for both spouses.
Determine whether a Miller Trust is needed
If the institutionalized spouse's countable income is over $2,982/month, an irrevocable income trust is required; ask the Long-Term Care Eligibility Unit when it must be in place.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
Submit the application
Apply online through the Wyoming Eligibility System (WES), by phone to the Long-Term Care Unit at 1-855-203-2936, or on a paper application mailed, faxed (307-777-8399) or emailed to wesapplications@wyo.gov.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
Ask for the resource assessment
Either spouse can ask the state to assess and document the couple's total resources; each spouse receives a copy and notice of the right to a fair hearing.U.S. Social Security Administration. (n.d.). Social Security Act §1924 [42 U.S.C. 1396r-5] — Treatment of income and resources for certain institutionalized spouses (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1924.htm
Appeal if needed
Either spouse can ask for a fair hearing to raise the resource or income allowance.U.S. Social Security Administration. (n.d.). Social Security Act §1924 [42 U.S.C. 1396r-5] — Treatment of income and resources for certain institutionalized spouses (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1924.htm
Medicaid Planning Strategies to Consider
Wyoming's spousal impoverishment rules give couples a solid baseline, but some situations call for additional planning. A few options worth discussing with a Wyoming-licensed elder law attorney:
- Converting countable assets to exempt ones. Because the home, a qualifying vehicle, and irrevocable burial contracts are exempt, couples sometimes use excess countable savings on home repairs, a reliable car, or an irrevocable burial contract, turning money that would have to be spent down into assets the community spouse keeps.
- Community-spouse annuities. Countable assets above the protected CSRA amount can sometimes be converted into an income stream through an irrevocable, nonassignable, actuarially sound annuity with equal payments that meets the Deficit Reduction Act of 2005 rules, including naming the state as remainder beneficiary.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396p(c)(1)(F),(G), 1396p(c)(2) and 1396p(e)(1) - United States Code, 2024 Edition (govinfo.gov, GPO). govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396p.htm
- Requesting a fair hearing. If the CSRA does not generate enough income to bring the community spouse up to the MMMNA, a fair hearing can ask the state to raise the resource allowance so the retained assets produce the needed income. The state first counts the institutionalized spouse's income that could go to the community spouse.U.S. Social Security Administration. (n.d.). Social Security Act §1924 [42 U.S.C. 1396r-5] — Treatment of income and resources for certain institutionalized spouses (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1924.htm
For broader options, see Medicaid planning strategies. Couples with significant assets above the federal maximum standard should consult a Wyoming-licensed elder law attorney before applying.
Where to Get Help
Frequently Asked Questions
How much can my spouse keep when I apply for Wyoming Medicaid nursing home coverage?
Your spouse keeps a protected share of the couple's countable assets, measured against 2026 federal resource standards of $32,532 and $162,660; a fair hearing or court order can protect more.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), United States Code, 2024 Edition, U.S. Government Publishing Office (govinfo) — the CSRA is the GREATEST of four alternatives; the dollar cap binds only clauses (i) and (ii)(II); (e)(2) fair-hearing and (f)(3) court-order routes carry no dollar amount. govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396r-5.htm No Wyoming source we could read states Wyoming's standard inside that range, so ask the Long-Term Care Eligibility Unit for your figure instead of assuming the 50 percent rule.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf Your spouse also keeps all of her own incomeU.S. Government Publishing Office. (2024). 42 U.S.C. 1396r-5 — Treatment of income and resources for certain institutionalized spouses (govinfo, U.S. Code 2024 edition). govinfo.gov. Retrieved Oct 3, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396r-5.htm and may receive an allowance from your income. Wyoming lists a spousal maintenance allowance of $4,066.50/month for 2026, but no Wyoming source we could read says every spouse receives that full amount, so ask for your figure.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
Does Wyoming Medicaid require a Miller Trust?
Yes, if the institutionalized spouse's countable monthly income exceeds $2,982/month. Wyoming routes an applicant above that limit to an irrevocable income trust (Miller Trust) whose monthly distribution pays for nursing facility or HCBS care.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf An elder law attorney should draft it.
Is the home at risk while my spouse lives there?
No. The primary residence is exempt from Medicaid eligibility calculations while the community spouse lives there, and the 2026 federal home equity limit of $752,000 does not apply in that case.U.S. Social Security Administration. (n.d.). Social Security Act sec. 1917(f) [42 U.S.C. 1396p(f)] - Disqualification for long-term care assistance for individuals with substantial home equity, including the (f)(2) exception, the (f)(3) reverse-mortgage route and the (f)(4) hardship waiver (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1917.htm,Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf After both spouses die, Wyoming's estate recovery program may seek repayment, and Wyoming uses an expanded estate definition that can reach assets passing outside probate.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. § 1396p(b)(2) — Liens, adjustments and recoveries (Office of the Law Revision Counsel, U.S. House of Representatives). uscode.house.gov. Retrieved Aug 1, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim
What is the difference between the CSRA and the MMMNA?
The CSRA (Community Spouse Resource Allowance) protects assets: a share of the couple's countable assets measured against 2026 federal resource standards of $32,532 and $162,660, with Wyoming's own standard stated by no source we could read. The MMMNA (Minimum Monthly Maintenance Needs Allowance) protects income: the federal minimum is $2,705.00/month and the federal maximum $4,066.50/month for the community spouse.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), United States Code, 2024 Edition, U.S. Government Publishing Office (govinfo) — the CSRA is the GREATEST of four alternatives; the dollar cap binds only clauses (i) and (ii)(II); (e)(2) fair-hearing and (f)(3) court-order routes carry no dollar amount. govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396r-5.htm
What is the Personal Needs Allowance in Wyoming?
Wyoming deducts $50.00 a month for personal needs from a nursing facility resident's income. It is one of six allowable deductions, alongside the spousal maintenance allowance, so a resident with other allowable costs keeps more than $50.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
Does Wyoming count my spouse's income against my Medicaid application?
No. Under federal law, no income of the community spouse is deemed available to the institutionalized spouse, and income paid solely in her name is hers alone.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396r-5 — Treatment of income and resources for certain institutionalized spouses (govinfo, U.S. Code 2024 edition). govinfo.gov. Retrieved Oct 3, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396r-5.htm Only the institutionalized spouse's income is considered, and a portion can go to the community spouse as an income allowance.
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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.
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