Char - are you doing MMNA (Monthly Maintenance Needs Allowance)?
If not, you need to look into possibly getting that. What MMNA is kinda like is alimony for the community spouse. Under Medicaid rules, the NH residents is supposed to do a co-pay or their "SOC" (share of cost) of their monthly income to the NH. So like my mom has SS ($800) & retirement (1K) so every month, her monthly income is $ 1,800 a month BUT she can keep $ 60 of that for her personal needs allowance. So is actually is $ 1,740.00 that is paid to the NH. That is how it runs for an individual widow or widower on Medicaid & in a NH.
But your situation is different in that you are the "Community Spouse". You need an income to be able to continue to live at your home or apt and in the community. Now Medicaid does NOT expect the CS to themselves be impoverished. Only the spouse in the NH has to be impoverished. The CS can keep up to $ 113,000.00 in liquid assets (the money in your savings account or investments that are yours) in most states. But if the CS needs some of the NH spouses income in order to make ends meet, they can apply for MMNA. Instead of all his monthly income going to be his co-pay to the NH, it instead is diverted to you as your MMNA. The MMNA maximum amounts vary by state (TX MMNA max is $ 2,300.00 and that is a lot of money). Personally I think all CS should apply for MMNA no matter what their income is. Most states have a formula for MMNA but if it leaves you struggling you can appeal to get all of his monthly income for MMNA.
There was a poster on this site who's parents were in Maine and their dad's co-pay to the NH was only about $ 45.00 a month as their mom was a CS still living in the home and she had significant prescription costs, the house cost quite a bit to heat, etc. Mom needed basically all of her hubby's income to make her life as the community spouse work. If your not getting MMNA, you need to ask about it and apply for it. Realize that most NH Medicaid are widow or widowers, so often the whole CS & MMNA details are overlooked. If you need his income so you don't become one of those old ladies strapped for $ so having just a can of tuna fish for the weekend, you need to get his income & that means getting MMNA. Good luck.
It can also mean assets, like bank accounts, retirement accounts, real property, etc. If you would like to explain the question in context perhaps we can be of more help.
Are you talking about getting half in a divorce, or if your spouse has to go to a nursing home or what? The circumstances can impact how much you have. Is an attorney telling you get half or someone else?
My husband is in nursing home. A paper that I received said if you have so much from42,000 to 113.000 you get one half I am not sure what it means we have no cash assets, just our income monthly Thank you
Do you have other resources such as a house? With the amounts of money mentioned in the letter that doesn't sound like income but other resources, like a house. If he is in a nursing home and you have a home that could affect how much you would get to keep in the long run. Not enough info yet to be really clear. On a different matter, as far as your monthly income goes, will you get to keep enough as a community spouse to support you? If not you should definitely speak to an Elder Law attorney to to make this very clear to you.
I agree I ask today the nursing home person that takes care of the Medicaid and he said it is a spend down if that isn't correct how do I go about the mmna
Char - MMNA is also called CSRA = Community Spouse Resource Allowance.
Vegas has it right you need an elder law attorney to be able to maximize what your get. It's really hard to do all this on your own for community spouse stuff as you emotionally are focused on your hubby.
Now about the NH, what they are wanting you to do? Is it say hubby gets $ 700 in SS and then $ 300 in retirement, so $ 1,000 a month is what his income is. You both live on that 1K. Now the NH is telling you that you need to pay them (the NH) the full 1K each month? If so, that is incorrect.
But is this instead the situation: Hubby gets 1K and the NH is asking you to pay maybe $ 185.00 a month to them for his Medicaid co-pay? If so, then they are factoring in whatever your state has as it's baseline MMNA / CSRA which you get to keep. If this is the case, I'd suggest you pay the $ 185.
Do you personally have an income? That will make a difference for the MMNA / CRSA amount you qualify to have diverted to you (instead of paying to NH).
But whatever the case, you go see an elder law attorney to get your MMNA increased to the maximum. You want to find one who is NAELA certified as community spouse stuff is more specialized. Now it will cost but over the long run will more than pay for the initial cost of the attorney. Good luck dear.
If not, you need to look into possibly getting that. What MMNA is kinda like is alimony for the community spouse. Under Medicaid rules, the NH residents is supposed to do a co-pay or their "SOC" (share of cost) of their monthly income to the NH. So like my mom has SS ($800) & retirement (1K) so every month, her monthly income is $ 1,800 a month BUT she can keep $ 60 of that for her personal needs allowance. So is actually is $ 1,740.00 that is paid to the NH. That is how it runs for an individual widow or widower on Medicaid & in a NH.
But your situation is different in that you are the "Community Spouse". You need an income to be able to continue to live at your home or apt and in the community. Now Medicaid does NOT expect the CS to themselves be impoverished. Only the spouse in the NH has to be impoverished. The CS can keep up to $ 113,000.00 in liquid assets (the money in your savings account or investments that are yours) in most states. But if the CS needs some of the NH spouses income in order to make ends meet, they can apply for MMNA. Instead of all his monthly income going to be his co-pay to the NH, it instead is diverted to you as your MMNA.
The MMNA maximum amounts vary by state (TX MMNA max is $ 2,300.00 and that is a lot of money). Personally I think all CS should apply for MMNA no matter what their income is. Most states have a formula for MMNA but if it leaves you struggling you can appeal to get all of his monthly income for MMNA.
There was a poster on this site who's parents were in Maine and their dad's co-pay to the NH was only about $ 45.00 a month as their mom was a CS still living in the home and she had significant prescription costs, the house cost quite a bit to heat, etc. Mom needed basically all of her hubby's income to make her life as the community spouse work. If your not getting MMNA, you need to ask about it and apply for it. Realize that most NH Medicaid are widow or widowers, so often the whole CS & MMNA details are overlooked. If you need his income so you don't become one of those old ladies strapped for $ so having just a can of tuna fish for the weekend, you need to get his income & that means getting MMNA. Good luck.
Vegas has it right you need an elder law attorney to be able to maximize what your get. It's really hard to do all this on your own for community spouse stuff as you emotionally are focused on your hubby.
Now about the NH, what they are wanting you to do?
Is it say hubby gets $ 700 in SS and then $ 300 in retirement, so $ 1,000 a month is what his income is. You both live on that 1K. Now the NH is telling you that you need to pay them (the NH) the full 1K each month? If so, that is incorrect.
But is this instead the situation:
Hubby gets 1K and the NH is asking you to pay maybe $ 185.00 a month to them for his Medicaid co-pay? If so, then they are factoring in whatever your state has as it's baseline MMNA / CSRA which you get to keep. If this is the case, I'd suggest you pay the $ 185.
Do you personally have an income? That will make a difference for the MMNA / CRSA amount you qualify to have diverted to you (instead of paying to NH).
But whatever the case, you go see an elder law attorney to get your MMNA increased to the maximum. You want to find one who is NAELA certified as community spouse stuff is more specialized. Now it will cost but over the long run will more than pay for the initial cost of the attorney. Good luck dear.