Paying for Nursing Home Costs

B. Douglas Hayes

The average cost of nursing home care in Indiana is $44,165 per year. Many seniors of average means find that after applying their Social Security and other income toward their nursing home cost that a significant balance remains owing. The senior's assets are quickly eaten into and it is not uncommon for a senior to spend his entire life savings on nursing home costs.

Health insurance will rarely pay for an extending stay in a nursing home. This raises the question of what other means of payment are available for paying nursing home costs.

The first and perhaps best answer is long-term care insurance. This, however, requires advance planning. A senior cannot obtain long-term care insurance when he is ready to enter the nursing home, so he must obtain the policy when his health makes him eligible for such a policy.

Further, long-term care insurance assumes that the senior has sufficient income to allow him to be able to pay for a long-term care insurance policy. Depending upon the age at which an individual obtains the policy and his health at the time of purchase, many people find the premiums to be relatively expensive. However, if a senior can pay for a long-term care insurance policy, it is a good method of helping to pay those costs when and if they come due.

If an individual does not have long-term care insurance, government programs are another way of paying for nursing home costs. The first program that may assist a person with nursing home costs is the Medicare program. However, Medicare pays less than 10% of all national nursing home costs.

Medicare pays for nursing home costs for up to 100 days, but only for as long as the individual needs daily skilled care provided by a licensed nurse or therapist. If at some point the stay in the nursing home becomes merely caretaking, Medicare will discontinue paying benefits, even before the 100 days are up.

Even if Medicare is paying nursing home costs, it only pays the full cost for the first 20 days of the nursing home stay. During the next 80 days, Medicare requires the recipient to pay a coinsurance amount of $105 per day.

The final government program that pays nursing home costs is the Medicaid program. Medicaid pays approximately half of all nursing home costs throughout the United States.

Medicaid begins paying nursing home benefits when an individual has less than $1,500 of countable assets on the first day of a month. If both a husband and wife are residing in a nursing home, Medicaid begins paying when they have less than $2,250 on the first day of the month.

Special rules apply if one spouse is in the nursing home and the other spouse is still living at home. These rules are known as the "spousal impoverishment rules." The purpose of these rules is to keep the spouse who is not in the nursing home from having to become completely impoverished before Medicaid would begin paying for nursing home costs.

Under the spousal impoverishment rules, the spouse who is in the nursing home is still limited to $1,500 of countable assets, but the spouse who is at home is permitted to keep up to $90,660 of countable assets. This will increase to $92,760 effective January 1, 2004.

Not all assets are countable. The spouse who is at home is allowed to have any amount of real estate, one vehicle of any value, and household goods, furnishings, and personal effects that do not count toward these limits.

How much a Medicaid applicant has in the way of resources is determined on the first moment of the first day of each month. If an individual has more than the permitted amounts at that time, Medicaid will not pay nursing home benefits for that month.

For example, if a single individual has $1,600 of countable assets on January 1, Medicaid will not allow him to pay $100 of those assets toward nursing home costs and then pick up the balance. If the individual is one cent over the limit on the first day of the month, the state will pay nothing toward nursing home costs. This means an individual needs to plan to make sure that his assets are under $1,500 on the first day of the month when he will need Medicaid to begin helping with those expenditures.

Once it has been determined that a senior is eligible for Medicaid, Medicaid requires that he pay all of his income toward nursing home expenses except for $52 per month. This amount is to provide for personal needs such as closing, haircuts, and personal items. Medicaid will then pay the balance of the nursing home costs.

The amount paid to a nursing home by Medicaid is less than the amount that a senior would privately pay for nursing home costs. As a result, in some nursing homes, the level of care one receives may be less when Medicaid pays for those expenditures. Medicaid will only pay for a semi-private room. Some nursing home facilities may have a higher staff to resident ratio for private pay residents than for the Medicaid patients.

Seniors who may need Medicaid to pay for nursing home costs should consider discussing their particular situation with an attorney who practices in the Medicaid area. In addition to making sure that his assets will be below the level that will make him eligible for Medicaid when he needs it, an attorney practicing in the Medicaid area can also make sure that the individual has not accidentally made himself ineligible by gifts or other transfers that can result in Medicaid ineligibility.

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Doug Hayes is a partner in the law firm of Yoder, Ainlay, Ulmer & Buckingham, LLP in Goshen, Indiana, practicing in the areas of estate planning, probate, and elder law.

While information in this article is believed to be accurate, it is educational and general in nature, and should not be construed as legal advice. Please consult your attorney for specific legal advice. Yoder, Ainlay, Ulmer & Buckingham, LLP © 2003

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