Guide · Healthcare

Medicaid and Long-Term Care: A Comprehensive Guide to Eligibility, Transfers, Estate Recovery, and Appeals

42 U.S.C. § 1396

Type
Guide
Jurisdiction
National
Date
2026-06-21
Topic
Healthcare

This guide covers Medicaid long-term care from the first planning conversation through estate recovery after death. Part 1 sets out the statutory architecture and the federal-state division that makes every answer state-specific. Parts 2 and 3 cover the income and resource tests, including the qualified income trust used in income-cap states. Part 4 covers the spousal impoverishment rules that protect a community spouse. Part 5 covers the look-back and the transfer penalty, including the permitted transfers and the hardship waiver. Part 6 covers spend-down. Parts 7 and 8 cover home and community based services and the application itself. Parts 9 through 12 cover fair hearings, estate recovery, third-party liability, and nursing facility residents' rights.

Medicaid and Long-Term Care: A Comprehensive Guide to Eligibility, Transfers, Estate Recovery, and Appeals

Healthcare > Medicaid and Long-Term Care | Published 21 June 2026 - Updated 2 August 2026 | UpLaw - uplaw.us

Every number in this guide is set by state within federal parameters. The structure is federal and durable; the figures are local and change annually. Learn the structure, then look up the numbers.

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