My FIL currently requires 24 hr home care- he can not be left alone. We currently use a home care agency and are paying out of pocket. He gifted money a few years back and we are trying to avoid a penalty b/c after current medical bills he will not have enough to cover the penalty period. Can he apply for medicaid now (to age in community) and start the penalty period with home care or do we have to wait until hes in a nursing home? He is getting progressively worse and he may need to move sooner into nursing home rather than later.