Medicaid Attorney

Qualifying For Medicaid

To qualify for long-term Medicaid coverage in Ohio, you must be a resident of Ohio and have one of the following conditions: legally blind, disabled, aged, or a limiting physical factor. These conditions also must require you to need home care services or live in a supportive care ( Nursing Home or Assisted Living) facility. The timing of these events and your medical history are also relevant, as eligibility includes a look-back period where your needs are assessed.

The assessment to determine if you are qualified for Medicaid is made by the Department of Job and Family Services for the County in which you reside.   The assessment is a look at your financial situation and transactions you have made for the past five (5) years.  A medical assessment is also completed by a representative of the Department of job and Family Services, or the medical staff at a hospital or at the facility to which you seek admission.  There are income and asset qualifications required for you to receive financial assistance from the State Department of Medicaid.  The income and asset limits do change from year to year and those can be found by clicking here.  The evaluation completed by the Department of Job and Family Services includes looking at various aspects of your life, but one of the most important areas are your assets. There are different qualification limits based upon the type of Medicaid assistance you are seeking and your marital status at the time of application. Medicaid Attorney

When reviewing your assets, certain assets are exempt and will not be considered when determining your eligibility for Medicaid coverage. These can include:

• Applicant’s residence – if your spouse continues to reside in the home or you plan to return to the home from a facility
• Home goods and furniture
• Auto vehicles – one per applicant
• Term life insurance, or whole life insurance if the face value is less than $1500
• Irrevocable burial or funeral contracts

Before you begin the Medicaid application process, we recommend reviewing all of your assets with an attorney so they can help maximize the value of each asset for both you and your spouse, if applicable.

Protecting Your Assets With a Medicaid Attorney

Planning ahead can help you protect your assets when you apply for Medicaid. In Ohio, the Medicaid application process includes a five-year look-back period to determine your eligibility. The Department of Job and Family Services in your County on behalf of Medicaid will review the transfer of all assets for the past five years, and if any were transferred for less than fair market value, a period of ineligibility will be instated. This includes giving assets to your family members or children as gifts.  There may be exceptions to the disqualification period under certain circumstances like gifts not made in contemplation of Medicaid qualification or if a child has made your home their permanent residence for the two (2) years prior to you needing Medicaid.  

We recommend using a Medicaid trust to protect your assets when applying for Medicaid. This irrevocable trust allows the applicant and their spouse to transfer their assets to it without being the beneficiary or the trustee of the trust. The individual or couple transferring the assets to a Medicaid trust can no longer  no longer control the asset or can benefit from them. This trust must be established at least five years before applying for Medicaid to avoid the look-back period. Medicaid Attorney

Additionally, you can opt for long-term care insurance with a five-year coverage provision. This can buy you some time to work with an attorney to transfer your assets properly but is often very expensive. We recommend working with an attorney to determine the best route for protecting your assets under Medicaid.

Impacts On Your Spouse

If only one individual of a couple is applying for Medicaid, their spouse remaining at home, called a community spouse, can maintain certain assets for their care. Proper planning can ensure that the community spouse has access to as many assets as possible.  The community spouse may also maintain some of the income generated by the spouse needing Medicaid if necessary for support. Check elegibility here. 

Upon Death

When the individual receiving Medicaid benefits dies, Ohio has a policy in place to recover assets that were previously exempt. That means that assets such as homes, cars, etc., are now available for the state to claim, up to the amount paid for the benefit recipient’s care during their lifetime.  There are some exemptions to the Medicaid recovery program’s recovery and careful planning can maximize the retention of assets for your heirs.    

If the community spouse is still living in the home or using certain assets, the collection will not be made until their death or the assets are no longer needed, such as if they apply for Medicaid benefits. Prior planning can help protect these assets under very specific exemptions, so work with an attorney as early as possible to ensure the best outcome for you and your loved ones.

Contact a Medicaid Attorney Today

Moseman Law Office an experienced Medicaid Attorney, is located in Mentor, Ohio and serves in all northeast Ohio counties including Ashtabula County, Geauga County, and Lake County. Get in touch to see how we can help you.