Q: Where on the Medicaid application does one declare an allowance for costs of Part B and Part D Premiums?
Medicaid forces an applicant to declare Gross Social Security as MAGI, before SS deductions rather than net. I have seen no references to "allowances" nor "spend down" to equalize this income/expense inequality by elsewhere declaring SS premiums as deductions. That said, a nursing home resident could be left with a Patient Responsibility higher than her total available funds each month by the amount of his/her SS deductions. (personal needs allowance set aside as irrelevant for this). How does one in LTC pay for something twice?
A:
If you are applying for ICP Medicaid (the program that pays for nursing home care) and are approved, Medicaid will cover Part B premiums. The Medicaid recipient will also be enrolled in Medicaid managed health insurance plan to cover prescriptions.
Spenddown is a concept that refers to someone who has too much by way of assets (i.e. over $2,000 in countable resources) and needs to legally and ethically transfer those assets so as not to trigger the look-back period.
To read more about spenddowns, here is an article I wrote:
https://www.elderneedslaw.com/blog/medicaid-spend-down
Good luck to you and happy new year.
All the best,
Jason Neufeld | 305.931.0478
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
