Texas House Bill 54 and Medicaid Income limits
New changes to nursing home cost
Texas Medicaid Long-Term Care Eligibility for Seniors
Income limits of a beneficiary’s monthly income ($2,742) , with the exception of a Personal Needs Allowance of $75 (increase effective 9/1/2023 pursuant to HB 54), Medicare premiums, and possibly an income allowance for a non-applicant spouse (stay at home spouse eligible for a minimum of $3,715.50 monthly income) applicant’s remaining income must go towards nursing home costs.
Applicant eligible for resource limit of $2,000 and spouse or non-applicant eligible for resource limit of $148,620 plus exempt items.
Treatment of Income for a Couple
When only one spouse of a married couple applies for Institutional Medicaid or a Medicaid Waiver, only the income of the applicant is counted. This means the income of the non-applicant spouse is disregarded and does not impact the income eligibility of their applicant spouse. The non-applicant spouse, however, may be entitled to a Monthly Maintenance Needs Allowance (MMNA) from their applicant spouse to prevent spousal impoverishment. In 2023, the MMNA in TX is $3,715.50 / month. If a non-applicant spouse has monthly income under this amount, income can be transferred to them from their applicant spouse, bringing their income up to this level. A non-applicant spouse who already has an income of $3,715.50 / month or more is not entitled to a MMNA / spousal income allowance.
Specialist attorney in a family estate and long term planning
Elder law attorneys are advocates for the elderly and their loved ones. Most elder law attorneys handle a wide range of legal matters affecting an older or disabled person, including issues related to health care, long term care planning, guardianship, retirement, Social Security, Medicare/Medicaid, and other important matters. In many ways, elder law attorneys are "specialists" because of their focus on the needs of older adults, which are often different and more specialized than the needs of younger adults. Not only can they handle important financial and estate planning matters, but they also take care of day-to-day issues affecting the actual care of seniors, such as assisted living and life planning. In addition, elder law attorneys are often more equipped to handle the sensitive emotional and physical needs of older or disabled adults and are therefore able to handle a variety of challenging situations.