APPLICATIONS & APPEALS

How to Apply for Medicaid to Cover Nursing Home Care: A Step-by-Step Guide

The reason and the notice

The nursing home Medicaid application, step by step: the three eligibility gates, 60-month federal look-back, 2026 spousal figures, notices and fair-hearing appeals.

On this page

Applying for Medicaid to cover a parent's or spouse's nursing home care means proving three things to your state's Medicaid agency: the person needs nursing-facility-level care, their countable assets and income meet the state's eligibility rules, and they live in that state. The agency reviews documents, checks transfers, then decides.

A parent may have just been discharged from the hospital to a nursing facility. A husband or wife may need more care than anyone can give at home. Either way, the family is now facing monthly bills that savings were never meant to absorb. Questions that come up include what the agency will ask for, what happens to the house, and what the spouse at home keeps. This guide walks through the application in order, from the care assessment to the decision, an appeal if one is needed, and estate recovery afterward.

Before You Start: What Medicaid Nursing Home Coverage Actually Requires

Medicaid for nursing home care, also called institutional or long-term-care Medicaid, is a joint federal and state program. Federal law sets the framework, and each state runs its own program with its own rules. According to Medicaid.gov, Medicaid is the primary payer across the nation for long-term care services.

The application tests three gates:

  1. Medical necessity. The applicant must need nursing-facility-level care, as the state determines it.
  2. Financial eligibility. Countable assets and income must meet the state's eligibility rules. A countable asset is a resource the state counts toward its asset limit. An exempt asset is one the state does not count.
  3. State residency. The applicant must live in the state where the application is filed.

For a married applicant, the community spouse is the husband or wife who stays at home while the other spouse lives in a nursing facility. Separate federal protections apply to that spouse.

This page covers Medicaid for long-term care. It does not cover Medicare, private long-term-care insurance or veterans' benefits. Where a rule below depends on the state, the state's current rules decide it.

Step 1: Confirm Medical Eligibility — the Level-of-Care Assessment

Coverage begins with a medical question, not a financial one. A state assesses whether the applicant needs nursing-facility-level care, an assessment sometimes called a pre-admission screening or functional assessment. Medicaid.gov's institutional care page notes that access to Medicaid services for some individuals may be tied to a need for institutional level of care, and it lists Preadmission Screening and Resident Review among the institutional benefits.

Who carries out the assessment, and where, is set by the state.

The agency decides the outcome, and its rules set the timing. Medicare's separate skilled nursing coverage is not covered here.

Step 2: Gather the Required Documents

Each state sets its own document list, and the state Medicaid agency's page gives the definitive version. Documents a state may ask for include the following:

  • Identity and citizenship: birth certificate or passport, Social Security number or card, and proof of U.S. citizenship or immigration status.
  • Residency: a utility bill, lease or other record showing the applicant lives in the state, or lived there immediately before admission.
  • Assets: bank statements, brokerage and retirement account statements, deeds, vehicle titles, and life insurance policies showing face value and cash value.
  • Income: Social Security award letter, pension statements and annuity contracts.
  • Medical records: a physician's statement of diagnosis and care needs, plus a hospital discharge summary if there is one.
  • Community spouse records: the at-home spouse's financial records as well, because the spousal rules look at the couple's combined countable assets.

Bank statements may have to reach back across the look-back period. That is the window in which the state reviews transfers of assets. Federal law sets it at 60 months for transfers made on or after February 8, 2006, counted back from the first date the person both is institutionalized and has applied (42 U.S.C. § 1396p(c)(1)(B)(i)).

Step 3: Understand the Financial Eligibility Rules — Assets and Income

Assets. Exempt assets can include the primary home (subject to an equity limit), one vehicle, personal belongings and prepaid burial arrangements. The exact list depends on the state. For a married applicant, 42 U.S.C. § 1396r-5(c)(2) treats all resources held by either spouse, or both, as available to the nursing home spouse, regardless of state community property law, but only to the extent they exceed the community spouse's protected amount. Either spouse can ask the state to assess the couple's total resources at the start of the first continuous period of institutionalization (42 U.S.C. § 1396r-5(c)(1)(B)). Families in California can read more on Medi-Cal asset limits, and families in Florida on Florida Medicaid planning.

The home. Under 42 U.S.C. § 1396p(f), an applicant is not eligible for nursing facility or other long-term care services when the applicant's equity interest in the home is above the limit, unless a spouse, a child under 21, or a blind or disabled child is lawfully residing in the home; the Secretary is also to establish a process to waive the limit in a case of demonstrated hardship. The 2026 federal standards chart sets the range states choose from at a minimum of $752,000 and a maximum of $1,130,000, effective January 1, 2026. Each state's own figure applies.

The applicant's limit. Each state sets its own countable-asset limit for the applicant. The federal SSI resource standard is $2,000 for an individual, effective January 1, 2026, but the Medicaid figure depends on the state.

Spousal protections. The Community Spouse Resource Allowance (CSRA) is the amount of resources the community spouse may keep, worked out under 42 U.S.C. § 1396r-5(f)(2) as the greatest of the federal minimum or a higher state-plan amount, the spousal share (capped at the federal maximum), an amount set at a fair hearing, or an amount under a court order, less the resources the community spouse already has. The Minimum Monthly Maintenance Needs Allowance (MMMNA) is the minimum monthly income the community spouse may keep, drawing on the other spouse's income if needed. Both come from 42 U.S.C. § 1396r-5. On the federal chart, the CSRA minimum is $32,532 and the maximum is $162,660, both effective January 1, 2026. The MMMNA is $2,705 in all states except Alaska and Hawaii, effective July 1, 2026. The maximum monthly allowance is $4,066.50, effective January 1, 2026. The federal resource figures change each January 1 and the MMMNA changes each July 1. A state's own figures apply from the dates that state sets.

Income and the personal needs allowance. Once the applicant is eligible, the resident pays income toward the cost of care. Certain amounts are deducted first, including a personal needs allowance of at least $30 and, where it applies, the community spouse's income allowance (Medicaid.gov, Spousal Impoverishment). In plain terms, the personal needs allowance is the part of the resident's own monthly income that stays with the resident rather than going to the facility, and the $30 figure is a federal floor, not a fixed amount.

Spend-down. When countable assets exceed the limit, the excess is reduced to the limit before Medicaid pays. This is called a spend-down. What counts as an allowed way to reduce assets depends on the state, and giving assets away for less than fair market value can bring a penalty period (see Step 4). The page on the Medicaid spend-down process covers this in more detail.

Step 4: Review the Look-Back Period and Transfer Rules

The state reviews transfers made for less than fair market value within the look-back, which federal law sets at 60 months for transfers made on or after February 8, 2006 (42 U.S.C. § 1396p(c)(1)(B)(i)). California's look-back period, and the date it started, depend on current California rules, and other states' periods depend on theirs. If the applicant or the applicant's spouse gave away assets for less than fair market value, a penalty period can follow. During a penalty period, Medicaid does not pay for nursing facility services, an equivalent level of care in an institution, or home and community-based waiver services (42 U.S.C. § 1396p(c)(1)(C)(i)).

The length of the penalty is the total uncompensated value of the transfers divided by the average monthly cost to a private patient of nursing facility services in the state (or, at the state's option, in the community where the person is institutionalized) at the time of application. The state may not round down or disregard a fractional period (42 U.S.C. § 1396p(c)(1)(E)(iv)).

The penalty starts on the later of two dates: the month of the transfer, or the date the person is eligible and would otherwise be receiving institutional-level care based on an approved application (42 U.S.C. § 1396p(c)(1)(D)(ii)). Because of that timing, a gift made four years before the application, if it falls inside the look-back, is penalized the same way as a gift made last month.

Not every transfer is penalized. Federal law lists exceptions, including a transfer to the applicant's spouse, which carries no transfer penalty (42 U.S.C. § 1396p(c)(2)(B)(i)). Buying an annuity is treated as the disposal of an asset for less than fair market value unless the state is named as a remainder beneficiary in the first position, or in the second position after a community spouse or a minor or disabled child, as 42 U.S.C. § 1396p(c)(1)(F) describes; 42 U.S.C. § 1396p(c)(1)(G) adds further conditions for annuities.

Spousal refusal means the community spouse declines to make assets available to the nursing home spouse. Whether a state allows it depends on that state's rules.

Step 5: Submit the Application — Where, How, and What to Expect

The application goes to the agency the state designates. Each state names its own agency and sets its own submission methods, which may include an online portal, a paper form, in-person filing or mail. The agency's website gives the current process. Under 42 U.S.C. § 1396a(a)(5), each state designates a single state agency to administer or supervise its Medicaid plan. Under 42 U.S.C. § 1396a(a)(8), a state plan must give all individuals wishing to apply the opportunity to do so, and assistance must be furnished with reasonable promptness to all eligible individuals.

An applicant may designate an authorized representative to help with the application, and that can be a family member or another designated individual or organization. The state's rules decide who may serve and what written authorization is required.

Planning for Long-Term Care?

Medi-Cal and Medicaid rules are complicated, and the stakes for your family are real. Reach out, and we'll listen to your situation and help you understand your options.

Discuss Your Medicaid & Nursing Home Asset Protection OptionsCall 888-655-7006

Step 6: The Eligibility Determination — Timelines, Notices, and Pending Status

The agency reviews both medical and financial eligibility. Federal law gives an applicant the right to a fair hearing when a claim is denied or "is not acted upon with reasonable promptness" (42 U.S.C. § 1396a(a)(3)). The specific processing deadline depends on the state.

Medicaid pending is the period between submitting the application and receiving the decision. How a nursing facility handles that period is set by the facility's admission agreement.

The agency then sends a written notice of approval, of denial, or asking for more information, along with the basis for its decision. For an application made before January 1, 2027, 42 U.S.C. § 1396a(a)(34) requires the state plan to make assistance available for covered care furnished in or after the third month before the month of application, if the person was (or upon application would have been) eligible when the care was furnished. Congress amended that paragraph for applications made on or after January 1, 2027.

Step 7: If the Application Is Denied — Appeals and Next Steps

A denial is a decision that can be challenged. Federal law requires every state plan to offer a fair hearing before the state agency to anyone whose claim is denied (42 U.S.C. § 1396a(a)(3)). A fair hearing is Medicaid's appeal process.

The denial notice states the reasons for the decision and explains the right to a hearing. The deadline to request a hearing depends on the state, so the notice and the state's rules decide it. A denial can rest on reasons such as countable assets above the limit, incomplete documents, not meeting the level-of-care standard, or a transfer penalty.

No appeal outcome is assured.

Estate Recovery: What Happens After the Nursing Home Resident Dies

Estate recovery is the process by which a state seeks repayment of long-term-care costs Medicaid paid, from the estate of a recipient who has died. The framework is in 42 U.S.C. § 1396p. That statute requires states to seek recovery in specific cases, including from the estate of a recipient who was 55 or older for nursing facility services, home and community-based services, and related hospital and prescription drug services, and from an inpatient whom the state has determined, after notice and an opportunity for a hearing, cannot reasonably be expected to return home (42 U.S.C. § 1396p(a)(1)(B), (b)(1)). It delays recovery, but does not cancel it, while a surviving spouse, a child under 21, or a blind or disabled child survives (42 U.S.C. § 1396p(b)(2)), and states must have procedures to waive recovery when it would work an undue hardship (42 U.S.C. § 1396p(b)(3)).

What a state recovers from depends on that state's rules, in California and in every other state. No plan can promise that recovery will be avoided. What the rules allow depends on the state, the asset and who survives.

The Timeline in Brief

The steps can overlap. Once the application is filed, the agency's processing time depends on the state, and requests for more information can extend it. An appeal adds its own timeline, which the denial notice and the state's rules set. Estate recovery comes later, after the recipient's death.

When the Process Gets Complicated

Transfers inside the look-back

Gifts, property put in a child's name, or below-value sales within the 60-month window can raise penalty questions. The answer depends on the statutory exceptions and the dates.

A community spouse with significant assets or income

Calculating the CSRA and income allowances becomes more involved when the at-home spouse holds substantial resources or income in their own name.

Real property, a business or farm assets

Property other than the primary home, business interests and farm assets each raise separate valuation and countability questions.

Trusts

Medicaid.gov notes that a trust funded with at least some of the individual's money can be considered available to that person for eligibility purposes. An irrevocable trust created within the look-back adds further questions.

A prior denial or pending appeal

An earlier decision shapes what comes next, and its deadlines govern the options.

This page does not cover Medicare coverage disputes, nursing home contract negotiations or elder abuse claims.

Request a Consultation

To request a consultation about your family's Medicaid and long-term-care options, contact Medicaid Asset Protection Group.

Planning for Long-Term Care?

Medi-Cal and Medicaid rules are complicated, and the stakes for your family are real. Reach out, and we'll listen to your situation and help you understand your options.

Discuss Your Medicaid & Nursing Home Asset Protection OptionsCall 888-655-7006

Frequently asked questions

What assets does Medicaid count when reviewing a nursing home application?

Countable assets are the resources the state includes toward its limit. Exempt assets are not counted. Exemptions can include the primary home (subject to the 42 U.S.C. § 1396p(f) equity limit), one vehicle, personal belongings and prepaid burial arrangements. For a married couple, both spouses' resources are reviewed together. The exact list depends on the state.

What is the Medicaid look-back period for nursing home applicants?

Federal law sets 60 months for transfers made on or after February 8, 2006 (42 U.S.C. § 1396p(c)(1)(B)(i)). The state reviews transfers within that window to decide whether a penalty period applies. Each state's own look-back period and procedures depend on its current rules.

Can a spouse stay in the home if the other spouse applies for nursing home Medicaid?

The home equity limit in 42 U.S.C. § 1396p(f) does not apply when the applicant's spouse is lawfully residing in the home. The community spouse may also keep a resource allowance, with a federal minimum of $32,532 and maximum of $162,660 as of January 1, 2026, and may be entitled to an income allowance. State figures apply.

What happens if the nursing home Medicaid application is denied?

The notice states the reasons and explains the right to a fair hearing, which every state must offer under 42 U.S.C. § 1396a(a)(3). The deadline to request a hearing depends on the state. Reasons can include excess assets, missing documents, the level-of-care standard and a transfer penalty.

Does Medicaid recover costs from the nursing home resident's estate after death?

It can, under 42 U.S.C. § 1396p. Recovery is postponed while a surviving spouse, a child under 21, or a blind or disabled child survives (42 U.S.C. § 1396p(b)(2)), states must have procedures to waive it when it would work an undue hardship (42 U.S.C. § 1396p(b)(3)), and its scope varies by state.

How long does the Medicaid nursing home application process take?

The processing time depends on the state. Federal law allows a fair hearing when an application is not acted on with reasonable promptness. Missing documents can cause delay.

Reviewed by Russell E. Griffith, Esq.

California Trusts & Estates Attorney

California State Bar No. 120564

Licensed in California Since 1985

California Western School of Law