Since the pandemic, many people who likely need skilled nursing care and would otherwise look at moving into a nursing home are not doing so because of the isolation their loved ones faced if they lived in a nursing home during COVID-19.
A lesser-known Medicaid program called the Home and Community Based Services (“HCB”) program allows people who need skilled-level care to remain in their homes and receive and pay for the care they need. These services include assistance with dressing, bathing, personal hygiene, meal preparation, shopping, housekeeping, nursing services, respite services, and more.
To be eligible for this program, an applicant must be: (i) at least 63 years old, (ii) a resident of Missouri, (iii) a U.S. citizen or qualified non-citizen with a Social Security Number (or pending application), and (iv) must be approved by the DHSS to need a skilled level of care. Income and asset thresholds apply as well. A person who receives more than $1,649 in income each month must have income in excess of this amount deposited into a trust from which their medical expenses can be paid, and only $5,726 in assets can be owned in their name.
The financial protections for the spouse of a person applying for the HCB program are the same as those for the spouse of a person applying for Medicaid benefits in a nursing home. Federal and Missouri laws allow the spouse to retain all of his or her income and retain half of the marital assets up to $154,140; assets in excess of this amount can be used to purchase an annuity (a specific type of annuity permitted by the Medicaid program) that pays the spouse additional income each month, rather than paying the assets in excess marital assets to the nursing home.
To learn more about the Home and Community Based Medicaid program and other programs to assist your elder or disabled loved ones, contact the attorneys at Paule, Camazine & Blumenthal.