CRISIS & NURSING HOME

Paying for a Nursing Home with Medicaid: How the Program Works

The immediate situation

How Medicaid pays for a nursing home: the 60-month federal look-back, how penalties start, 2026 federal spousal figures, the home-equity limit and estate recovery.

On this page

Medicaid can pay for long-term nursing-home care once a person needs that level of care and meets their state's income and asset rules. The resident's own monthly income, less certain protected amounts, goes toward the bill, and Medicaid pays the rest. Federal law sets the framework, but each state sets its own limits and procedures.

Most people facing this question are sitting with a parent's bank statements, a spouse's discharge papers or a nursing home's admission packet, trying to work out whether savings will run out and what happens to the house. The worry is often less about the rules in the abstract than about one concrete fear: that the husband or wife still at home will be left with nothing, or that a gift made to a grandchild years ago will come back to cause trouble.

This page walks through the chain the way it tends to unfold: the state you live in, the care your family member needs, the eligibility rules, the assets and family facts, and then the application, any appeal and what happens after death.

What Medicaid Nursing Home Coverage Actually Covers

Medicaid is a joint federal and state program, as Medicaid.gov's eligibility overview explains. In California, for example, the program is called Medi-Cal.

Medicaid.gov describes Medicaid as the primary payer across the nation for long-term care services, covering care in settings from institutions to the community. Nursing-home Medicaid is often called institutional Medicaid. According to CMS's institutional care page, the institutional benefit is comprehensive care that includes room and board, billed as a single bundled payment. What a state folds into that rate varies. Facilities must be licensed and certified by the state according to federal standards, and families typically confirm whether a particular home participates in Medicaid before admission.

Coverage continues while the person stays eligible under the state's rules.

Medicaid is not Medicare. This page covers Medicaid only and does not cover Medicare, private long-term-care insurance or veterans' benefits.

Who Qualifies: Medical and Financial Eligibility

Eligibility for nursing-home coverage has a medical side and a financial side. The first is medical: the state decides whether the person needs nursing-facility level of care. CMS notes that eligibility may be figured differently for residents of an institution, and access to some services is tied to that need. The second is financial: income and assets must fall within the state's limits.

A countable asset is one the state adds up against its limit. Bank accounts, investments and real estate other than the home are typical examples. An exempt asset is one the state leaves out of that count. Each state sets its own asset limit for a single applicant. California's figures, for instance, are covered in the page on Medi-Cal asset limits, and Florida Medicaid planning covers Florida's figures.

Married couples follow a separate federal framework in 42 U.S.C. § 1396r-5. It uses the term community spouse, meaning the husband or wife who stays at home while the other receives nursing-home care.

Income rules also vary. Some states apply an income cap. The CMS 2026 chart lists an "Income Cap Limit (300%)" of $2,982 a month, effective January 1, 2026. Other states use a spend-down approach, and whether a given state uses a cap depends on that state's current rules.

After eligibility is set, the post-eligibility calculation decides what the resident pays toward care, often called the patient pay amount. In plain terms, the resident keeps a few protected amounts each month, and the rest of their income goes to the nursing home. The calculation takes the person's total income and subtracts certain amounts, including:

  • a personal needs allowance of at least $30;
  • a community spouse income allowance, where it applies;
  • a family allowance, where it applies;
  • certain medical expenses.

The remaining income goes to the facility, and Medicaid pays the rest.

Exempt Assets: What Medicaid Does Not Count

Not everything a family owns is weighed against the asset limit, and knowing what sits outside the count often changes the picture considerably. The family home is where most of the worry tends to land. Many states treat the primary home as exempt while the applicant intends to return or while a spouse or a dependent relative lives there. The exact conditions are each state's rules.

There is a federal ceiling. Under 42 U.S.C. § 1396p(f), a person whose home equity is above a set limit cannot receive Medicaid long-term-care coverage unless a spouse, a child under 21, or a blind or disabled child lives in the home. The CMS 2026 standards chart lists the home-equity limits, effective January 1, 2026: a minimum of $752,000 and a maximum of $1,130,000. Each state's own figure falls within that range. So the home is not excluded whatever its value. Federal law also directs a process for waiving the limit in a demonstrated hardship.

Beyond the home, families commonly ask about a handful of everyday possessions and arrangements, including:

  • one vehicle;
  • personal property and household goods;
  • prepaid burial arrangements;
  • retirement accounts such as an IRA.

How each of these is treated, and any value limits, depends on the state's current rules. This list is partial, and treatment of retirement accounts in particular differs from state to state.

The Look-Back Period and Transfer Penalties

A gift made to help a grandchild through school can feel very far from a nursing-home application, and this is the part of the law that connects the two.

The look-back period is the window of time before the person is both institutionalized and has applied, during which the state reviews transfers of assets. Under 42 U.S.C. § 1396p(c)(1)(B)(i), the federal look-back date is:

"36 months (or, in the case of payments from a trust or portions of a trust that are treated as assets disposed of by the individual … or in the case of any other disposal of assets made on or after February 8, 2006, 60 months) before the date specified in clause (ii)."

For any transfer made on or after February 8, 2006, then, the federal look-back is 60 months. States do not all use the same look-back. California's period and its start date are set by California's own rules.

A penalty period is a stretch of time when Medicaid will not pay for nursing-home care. It equals the total uncompensated value transferred divided by the average monthly private cost of nursing-facility care in the state, and states may not round fractions down. Under 42 U.S.C. § 1396p(c)(1)(D)(ii), 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.

Because of that start rule, a gift made four years ago is penalized the same way as one made last month, as long as both fall inside the look-back. A penalty does not start during another period of ineligibility.

Not every transfer is penalized. The statute lists exceptions, including transfers to the person's spouse, which carry no transfer penalty under 42 U.S.C. § 1396p(c)(2)(B)(i). Buying an annuity also counts as a transfer for less than fair market value unless the state is named as a remainder beneficiary in the position the statute requires, and 42 U.S.C. § 1396p(c)(1)(G) separately sets conditions on the annuity itself. More on how these rules play out appears in the page on Medicaid crisis planning.

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

Spousal Protections: What the Community Spouse Keeps

Congress enacted the spousal impoverishment provisions in 1988, as CMS explains. They keep the spouse at home from being left with little or no income or resources. Under 42 U.S.C. § 1396r-5, the spouse in the facility is called the institutionalized spouse. A person counts as an institutionalized spouse only if they are likely to stay at least 30 consecutive days.

Assets. The state totals the couple's resources, whoever holds them, as of the start of the first continuous period of institutionalization. A spousal share equal to half that total is then computed. The Community Spouse Resource Allowance (CSRA) is the share of countable assets the community spouse may keep. For 2026, effective January 1, 2026, the federal minimum is $32,532 and the maximum is $162,660. Each state sets its own figure, and it applies from the date the state's official guidance gives.

Income. Generally, no income of the community spouse is treated as available to the spouse in the facility. The minimum monthly maintenance needs allowance (MMMNA) is the income level to which the community spouse's own income can be topped up. If their own income falls short, part of the institutionalized spouse's income can make up the difference. Federally:

  • the minimum is $2,705, effective July 1, 2026, for all states except Alaska and Hawaii;
  • the maximum is $4,066.50, effective January 1, 2026.

A state's own figures apply from the date that state's page states.

Some states allow a community spouse to refuse to make assets available, known as spousal refusal. Whether a given state allows it depends on that state's rules.

How to Apply for Medicaid Nursing Home Coverage

Applications are made through the state's Medicaid program, and the agency's name differs by state. Nursing-home staff often help with the paperwork, but the applicant or their representative remains responsible for making the application accurate and complete.

States typically ask for proof of identity, residency, income and asset values, and the exact list is set by state rules. The state reviews transfers inside the look-back period, so every transfer in that window is disclosed. The page on Medicaid spend-down covers what families tend to gather first.

"Medicaid pending" is the plain term for the time after an application is filed and before the state decides. How a facility handles a resident's care and billing during that time depends on state rules and the facility's own terms.

If the state denies a claim or does not act on it with reasonable promptness, federal law requires the state to offer a fair hearing before the state agency (42 U.S.C. § 1396a(a)(3)). Appeal steps and deadlines are set by each state.

Estate Recovery: What Happens After the Nursing Home Resident Dies

Estate recovery is the state's right to be repaid from a deceased recipient's estate for Medicaid benefits paid. Federal law requires states to seek recovery in certain cases, including from the estates of recipients who were 55 or older when they received nursing facility, home and community-based, and related hospital and prescription drug services (42 U.S.C. § 1396p(b)). For families thinking about a parent's house, this is often the question underneath all the others.

Federal law delays recovery while certain family members survive. Under 42 U.S.C. § 1396p(b)(2), recovery waits while a surviving spouse, a child under 21, or a blind or disabled child survives. The claim is delayed, not cancelled.

What a state may recover from, whether only probate assets or a broader definition of the estate, depends on that state's rules. Federal law requires each state to have procedures for waiving recovery when it would work an undue hardship, and the details vary by state. No plan can promise to avoid recovery. The outcome turns on the state's rules, the family's circumstances and how assets are held at death. The page on Medicaid planning attorneys covers how these questions are usually approached.

Requesting a Consultation About Nursing-Home Medicaid

Nursing-home Medicaid turns on details that do not show up in a general explainer: which state's rules apply, the exact dates and amounts of past transfers, how each asset is titled, whether a spouse or dependent child lives in the home, and when care began. Those are the facts to which the state's current rules are applied.

You can send a request for a consultation about your family's Medicaid and long-term-care options through Medicaid Asset Protection Group.


About this page. This page does not cover Medicare, private long-term-care insurance, veterans' benefits or general estate planning.

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 is the maximum income for seniors to qualify for Medicaid nursing home coverage?

The limit depends on the state's income rules. Some states apply an income cap. The CMS 2026 chart lists a 300% income cap limit of $2,982 a month, effective January 1, 2026. Other states use a spend-down approach. Once eligibility is set, the resident's income, less certain protected amounts, generally goes toward the cost of care.

How does Medicaid pay for a nursing home?

After approval, the resident contributes their income minus certain protected amounts, such as a personal needs allowance of at least $30 and any spousal allowance. Medicaid pays the remaining cost of covered care. The facility must be licensed and certified under federal standards.

What assets does Medicaid look at for nursing home eligibility?

Medicaid counts countable assets, such as bank accounts, investments and real estate other than the home. The home is often exempt under state conditions, subject to the federal home-equity limit. Treatment of vehicles, personal property, burial arrangements and retirement accounts depends on each state's rules.

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

Federally, it is 60 months for transfers made on or after February 8, 2006, under 42 U.S.C. § 1396p(c)(1)(B)(i). The state reviews transfers in that window. States can differ, and California's look-back follows California's own rules.

What is a Medicaid penalty period?

It is a period when Medicaid will not pay for nursing-home care because of a transfer for less than fair market value. It equals the uncompensated value divided by the state's average monthly private nursing-home cost. It starts on the later of the transfer month and the date the person would otherwise be eligible and receiving care.

Does Medicaid take your house after a nursing home stay?

Federal law requires states to seek estate recovery in certain cases, and the home may be part of an estate. Recovery is delayed while a surviving spouse, a child under 21, or a blind or disabled child survives. What the state can reach depends on that state's rules.

How do I apply for Medicaid to pay for a nursing home?

The application is made through the state's Medicaid program. The facility may help, but the applicant or their representative is responsible for accuracy. Transfers within the look-back are reviewed, and a denial can be challenged through a state fair hearing.

What does "Medicaid pending" mean for a nursing home resident?

It means an application has been filed and the state has not yet decided it. How care and billing are handled during that period depends on state rules and the facility's terms.

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