When long-term care costs outrun savings, Medicaid is where most families end up. It is the main public program that pays for nursing home care and, in many states, for help at home. The rules are detailed and they vary by state, but the basic structure is the same everywhere. Understanding it early can protect a spouse, avoid penalties, and spare you a stressful scramble later.
Medicaid is not the same as Medicare. Medicare is health insurance for people 65 and older and does not cover long-term custodial care. Medicaid is a joint federal-state program for people with limited income and assets, and it does cover long-term care for those who qualify. Many older adults have both.
What Medicaid long-term care covers
- Nursing home care. Every state's Medicaid program covers nursing facility care for people who meet both the financial rules and a medical need for that level of care.
- Home and community-based services (HCBS). Personal care aides, adult day programs, home-delivered meals, respite for family caregivers, home modifications, and in some states care in assisted living. These are often offered through "waivers."
- Self-directed care. In many programs, your loved one can hire and manage their own caregiver, sometimes including a family member. See paying family caregivers.
About HCBS waivers
Section 1915(c) waivers let states pay for home and community care for people who would otherwise need a nursing home. According to Medicaid.gov, 47 states and Washington, D.C. run one or more of these waivers. States can also offer home care through other options, such as Community First Choice. Unlike nursing home coverage, waiver programs can cap enrollment, so many states have waiting lists. If home care is the goal, apply early and ask to be placed on any waiting list right away.
How eligibility works
To qualify for long-term care Medicaid, your loved one typically must meet three tests:
- Medical need. A state assessment shows a need for a nursing-home level of care (for nursing home or most waiver services). States define this differently.
- Income. Many states set an income limit tied to Supplemental Security Income (SSI). Some states let people with higher income qualify by spending income down on care or by placing excess income in a special trust.
- Assets. Countable assets must fall below the state limit. For many single applicants this is about $2,000, the SSI resource standard, but some states use different limits.
Assets that are usually not counted, subject to state rules, include the primary home (within an equity limit), one vehicle, personal belongings, and certain burial funds. For 2026, the federal home equity limits range from $752,000 to $1,130,000, depending on the state, and the limit does not apply if a spouse or certain children live in the home.
Once on Medicaid in a nursing home, most of a resident's income goes toward the cost of care, minus a small personal needs allowance and certain deductions, such as an allowance for a spouse at home.
The 60-month look-back
When someone applies for long-term care Medicaid, the state reviews any assets given away or sold for less than fair market value during the 60 months (five years) before the application. This rule has applied to transfers since the Deficit Reduction Act of 2005.
If the state finds an improper transfer, it imposes a penalty: a period of time when Medicaid will not pay for long-term care. The penalty does not start when the gift was made. It starts when your loved one has applied, is otherwise eligible, and is receiving the level of care Medicaid would cover. That timing is what makes a penalty so painful: the person is already in care and cannot pay.
Common look-back traps
Adding a child's name to a house deed, "gifting" money to grandchildren, paying a relative for care without a written agreement, or selling property to family below market value can all count as transfers. Don't move assets around before getting advice from an elder law attorney in your parent's state.
Some transfers are allowed without penalty, such as transfers between spouses and certain transfers to a disabled child. Annuities have their own detailed rules. These exceptions are exactly where professional advice pays off.
Protections for a spouse who stays at home
Federal "spousal impoverishment" rules keep a husband or wife at home from losing everything when their spouse needs nursing home care. The 2026 federal standards from CMS:
| Protection | 2026 federal figure |
|---|---|
| Community spouse resource allowance (assets the at-home spouse may keep) | Minimum $32,532; maximum $162,660 (states choose within this range or use a formula) |
| Minimum monthly maintenance needs allowance (income the at-home spouse is assured), effective July 1, 2026 | $2,705 (Alaska and Hawaii are higher) |
| Maximum monthly maintenance needs allowance | $4,066.50 |
In plain English: if the at-home spouse's own income is below the allowance, part of the nursing home spouse's income can be shifted to them. These rules apply to nursing home Medicaid and, in many states, to home and community-based waiver services too. Ask your state Medicaid office how they apply in your case.
Estate recovery
After a Medicaid enrollee dies, federal law requires states to seek repayment from the estate for long-term care costs paid on behalf of people who were 55 or older. This covers nursing facility care, home and community-based services, and related hospital and prescription costs.
States cannot recover while the enrollee is survived by a spouse, a child under 21, or a blind or disabled child of any age. States must also have a process to waive recovery when it would cause undue hardship. How broadly a state defines "estate" varies, so this is another area to ask about locally.
Changes coming from the 2025 federal budget law
The 2025 federal reconciliation law changes some Medicaid rules on a delayed schedule. Two matter most for long-term care, according to Justice in Aging's summary:
- Shorter retroactive coverage starting January 1, 2027. Medicaid can currently cover bills from up to three months before the application month. That window shrinks to two months for older adults and people with disabilities (one month for expansion adults). Applying promptly will matter even more.
- Home equity cap starting January 1, 2028. The maximum home equity limit will be capped at $1 million.
States may also adjust optional home and community services as budgets tighten. Watch for notices from your state Medicaid agency.
Every state is different
Medicaid program names, asset limits, income rules, waiver services, and waiting lists all differ by state. Some states run long-term care through managed care plans. Always confirm the rules with your state Medicaid agency, which you can find at Medicaid.gov, or with your local Area Agency on Aging through our local help page.
When to call an elder law attorney
You may be able to handle a simple application yourself, especially for a single person with modest savings. Call an elder law attorney when:
- One spouse needs care and the other will stay at home.
- There have been gifts, property transfers, or loans to family in the last five years.
- Your loved one owns a home, a business, rental property, or an annuity.
- A family member has been paid, or wants to be paid, for providing care.
- No one has power of attorney and your loved one can no longer sign documents.
Look for an attorney who focuses on elder law and Medicaid in your parent's state. Many offer a flat-fee first consultation. Legal aid programs may help at no cost if your loved one has a low income; your Area Agency on Aging can point you to them.
Your next steps
- Gather five years of financial statements, plus deeds, insurance policies, and income records.
- Contact your state Medicaid agency or Area Agency on Aging to learn the local limits and application process.
- Get advice before moving any money, especially if a spouse is involved.
- Apply as soon as your loved one is likely eligible, and keep copies of everything you submit.
If your loved one is a veteran or surviving spouse, also look at VA Aid and Attendance, which can help pay for care at home or in assisted living.
Check before you decide
Benefit rules, dollar amounts, and state programs change, and every family's situation is different. This guide is general information, not medical, legal, or financial advice.
- Confirm eligibility and current amounts with the agency itself: Medicare, your state Medicaid office, or the VA.
- For legal documents and Medicaid planning, talk with a licensed elder law attorney in your state.
- For health questions, talk with the person's doctor. In an emergency, call 911.
Common questions
Do I have to be broke to get Medicaid for a nursing home?
Your loved one must have limited countable assets, often as low as a few thousand dollars for a single person, though the exact limit depends on the state. Some assets, such as a primary home in many situations, are usually not counted, and a spouse at home keeps a protected share.
What is the Medicaid look-back period?
For nursing home and most long-term care Medicaid, states review asset transfers made in the 60 months (five years) before the application. Gifts or sales for less than fair market value can trigger a period when Medicaid won't pay for long-term care.
Can Medicaid pay for care at home instead of a nursing home?
Yes, in many cases. States offer home and community-based services (HCBS) through waivers and other programs, but services, eligibility, and waiting lists vary widely by state.
Will Medicaid take my parent's house?
Medicaid can't take a home while your parent is alive and receiving benefits in most situations, but states must try to recover long-term care costs from the estate of enrollees age 55 or older after death. Recovery can't happen while a spouse, a child under 21, or a blind or disabled child survives. An elder law attorney in your parent's state can explain how recovery works there.
Sources
- 2026 SSI and Spousal Impoverishment Standards (CMCS Informational Bulletin, April 27, 2026) — Medicaid.gov. medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
- Estate Recovery — Medicaid.gov. medicaid.gov/medicaid/eligibility-policy/estate-recovery
- Home & Community-Based Services Authorities — Medicaid.gov. medicaid.gov/medicaid/home-community-based-services/home-community-based-services-authorities/index.html
- Self-Directed Services — Medicaid.gov. medicaid.gov/medicaid/long-term-services-supports/self-directed-services
- DRA Sections 6011 and 6016: Transfer of Assets guidance — CMS (HHS). hhs.gov/guidance/sites/default/files/hhs-guidance-documents/CMS/2006.smdl-enclosures.dra-sections-6011-and-6016.pdf
- Long-term care — Medicare.gov. medicare.gov/coverage/long-term-care
- Budget Reconciliation and Low-Income Older Adults — Justice in Aging. justiceinaging.org/budget-reconciliation-and-low-income-older-adults
Last reviewed October 19, 2026. General information only, not medical, legal, or financial advice. Benefit rules and amounts change, so confirm with the agency before you decide. See our disclaimer.
