MARYLAND / MEDICAID

Maryland Medicaid Planning: What Families Need to Know

The state program

Maryland long-term-care Medicaid: a 2026 spousal share of $32,532 to $162,660, a $752,000 home-equity limit, a 60-month look-back and a 90-day hearing request.

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When a parent or spouse in Maryland needs nursing-home care, the Maryland Medical Assistance Program can help pay for it once countable resources and available income fall within the state's standards. For 2026, a spouse at home may keep between $32,532 and $162,660 of the couple's resources. Gifts made within the 60-month look-back can delay coverage.

Most people facing a nursing-home admission in Maryland arrive at this question in the middle of something hard: a hospital discharge that cannot go home, a parent whose savings are draining at a rate of thousands of dollars each month, or a husband or wife who suddenly has to work out what will be left to live on. The family is usually trying to answer a few concrete questions at once: what Maryland will pay for, what it counts, what the spouse at home keeps, what happens to the house, and whether past gifts to children will cause a problem. This page sets out how Maryland's own manual and schedules answer those questions, and where the answer depends on facts or on rules that change.

What Maryland Medicaid Covers for Long-Term Care

Maryland's Medicaid program is the Maryland Medical Assistance Program, run by the Maryland Department of Health. Its manual addresses coverage for long-term care received in a nursing facility, in a medical institution with a level of care equivalent to a nursing facility, or through a home and community-based services (HCBS) waiver, as the Section 800 Resources manual describes. Medicaid is a different program from Medicare, which this page does not cover. It also does not cover private long-term-care insurance or veterans' benefits.

Medicaid is a joint federal and state program, according to the CMS eligibility policy page. Federal law, including 42 U.S.C. § 1396p and 42 U.S.C. § 1396r-5, sets a framework that every state follows. Each state then runs its own program with its own standards and procedures, so Maryland's figures differ from those of other states. Families comparing Maryland with a parent's former home state can see how Colorado long-term-care Medicaid or Texas long-term-care Medicaid set their own figures.

Maryland Medicaid Eligibility: Asset and Income Rules

Maryland compares an institutionalized person's countable resources to a state schedule. A countable asset, or countable resource, is property Medicaid counts toward the limit, as opposed to an exempt asset, which it does not count. The Section 1000 manual states that countable resources are compared to Schedule MA-2. If they are greater than the standard, the person is not eligible. If they are equal to or less than the standard, the person may be eligible, and income is then evaluated. The current MA-2 dollar figure, and the full list of what Maryland exempts, depend on Maryland's current rules in the 2026 Appendix schedules.

The home has its own limit. Under 42 U.S.C. § 1396p(f), federal law bars long-term-care coverage for a person whose home equity exceeds a limit, unless a spouse, a child under 21 or a blind or disabled child lives in the home. Maryland's Schedule MA-10 lists an excess home-equity limit of $752,000, with an effective date of 2025. Under Maryland's Section 800 manual, equity is reduced by bona fide, legally binding, documented encumbrances secured by the home. If equity exceeds the limit, Medicaid will not pay for nursing facility, equivalent institutional or HCBS waiver services. The person may still be covered for other State Plan services. For applicants found eligible after April 1, 2007, equity is re-evaluated at each redetermination.

Spend-down means becoming eligible by incurring medical expenses that use up income above a standard. Maryland's Section 1000 manual states that when monthly available income is greater than the average monthly cost of care, the Program will not assist with the cost of care, but the person may be eligible under spend-down. The excess available income for the whole period under consideration is compared with incurred medical expenses. Certification begins on the day spend-down is met. Schedule MA-6 lists the average monthly amount payable for skilled nursing facility care as $12,501, effective 7/1/25.

After eligibility, the manual deducts set amounts from available income before the person pays toward care. These deductions include a personal needs allowance, a residential maintenance allowance, a spousal allowance, a family or dependent allowance, Medicare and other health insurance premiums, and certain medical or remedial care.

Maryland's Look-Back Period and Transfer Penalties

The look-back period is the window of time Maryland reviews for transfers of assets when someone applies for long-term-care coverage. Federally, it is 60 months for any transfer made on or after February 8, 2006, under 42 U.S.C. § 1396p(c)(1)(B)(i). Maryland's Section 800 manual states that the look-back date is 60 months. It sets the date and period from the effective date of the person's first approval for nursing facility or 1915(c) waiver eligibility. Penalties may not be imposed for transfers before the look-back date. The look-back period has no end date, so Maryland reviews every transfer on or after that date.

A penalty period is a stretch of time when Medicaid will not pay for long-term care because of transfers made for less than their value. Maryland's manual adds up the total uncompensated value of all transfers not yet penalized, even when each transfer is small. It then divides that total by the Schedule MA-6 amount noted above.

The timing of the penalty comes from federal law. 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. That means a gift made four years ago and a gift made last month, both inside the look-back, are penalized the same way.

Transfers are not always penalized. Federal law lists exceptions, including a transfer to the person's spouse, which carries no transfer penalty under 42 U.S.C. § 1396p(c)(2)(B)(i). Whether any other exception fits a particular transfer depends on its facts and on Maryland's current rules.

Spousal Protections Under Maryland Medicaid

The community spouse is the husband or wife who stays at home while the other spouse receives nursing-facility or similar care. The federal spousal-impoverishment rules in 42 U.S.C. § 1396r-5 decide how a couple's income and resources are treated. When one spouse applies, the rules generally treat all resources held by either spouse as available to the applicant, but only to the extent they exceed the amount protected for the community spouse. After the month of eligibility, the community spouse's resources are not counted against the spouse in care.

The Community Spouse Resource Allowance (CSRA) is the share of the couple's countable resources the community spouse may keep. Maryland's Schedule MA-8 lists a maximum spousal share of $162,660 and a minimum spousal share of $32,532, both effective 1/1/26. Under 42 U.S.C. § 1396r-5(f), the institutionalized spouse may transfer resources up to this allowance to the community spouse, or for the community spouse's sole benefit, without a transfer penalty. This works alongside the general spousal-transfer exception under 42 U.S.C. § 1396p(c)(2)(B)(i).

The Minimum Monthly Maintenance Needs Allowance (MMMNA) is the minimum monthly income the community spouse is allowed to have. Part of the institutionalized spouse's income can make up a shortfall. Maryland's Schedule MA-8 lists a Basic Maintenance and Shelter Allowance of $2,643 and an Excess Shelter Standard of $793, both effective 7/1/25. It lists a Maximum Maintenance and Shelter Allowance of $4,066, effective 1/1/26. The federal minimum is adjusted each July 1, according to the CMS 2026 standards bulletin. For that reason, Maryland's current figures are the ones its own schedule states. Whether Maryland allows spousal refusal depends on Maryland's current rules.

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

Medicaid Planning Strategies in Maryland

The rules above shape the choices a family has. They do not settle which choice suits a particular family. That depends on the assets, the dates of any transfers and whether a spouse is at home.

Trusts. An irrevocable trust is one the person who creates it cannot generally undo. Some families use such trusts in long-term-care planning. CMS states that when a person, a spouse or someone acting for them sets up a trust using at least some of the person's funds, the trust can be considered available for Medicaid eligibility (CMS eligibility policy). A transfer into a trust within the look-back can also be reviewed as a transfer. A trust does not always protect assets. The result depends on its terms, its timing and Maryland's current rules.

Annuities. An annuity converts a lump sum into a stream of payments, which changes a countable resource into income. How Maryland treats a particular annuity depends on its terms and on Maryland's current rules.

Spend-down of assets. Some families spend countable resources on care costs or on items that are not counted until the resources fall within the Schedule MA-2 standard. Maryland's Section 1000 manual separately describes income spend-down, explained above.

Caregiver arrangements. Payment to a family member for care is treated according to Maryland's current rules. Whether it counts as a transfer depends on the arrangement and how it is documented.

Every asset and transfer must be reported fully on an application. Because the look-back reaches back 60 months from the look-back date, the timing of any step matters.

Maryland Estate Recovery and the Family Home

Estate recovery is the state's claim, after a Medicaid recipient dies, to be repaid from the estate for benefits paid. Maryland law provides that, in accordance with federal law, the Department may make a claim against the estate of a deceased Program recipient for the amount of any medical assistance payments (Maryland General Assembly statute text). The Department shall waive the claim if, in its judgment, enforcing it would cause substantial hardship to the deceased's surviving dependents. Which property Maryland reaches, including the family home, depends on Maryland's current rules.

For families thinking about a parent's house, federal law sets two protections. Under 42 U.S.C. § 1396p(b)(2), recovery may be made only after the death of a surviving spouse, if any, and only when there is no surviving child under 21 and no surviving child who is blind or disabled. That deferral postpones the claim; it does not cancel it. Under 42 U.S.C. § 1396p(b)(3), each state must also have procedures to waive recovery when it would cause undue hardship. During the recipient's lifetime, the home remains subject to the $752,000 equity limit described above.

The Maryland Medicaid Application Process

Maryland's manual refers to the local department of social services, or LDSS, as the office that acts on applications and mails notices of action. The Section 1300 Hearings manual refers to the LDSS acting on an application "with reasonable promptness." Where to file, which documents are required and how long review takes depend on Maryland's current procedures.

An applicant may request a hearing if they believe their eligibility was decided incorrectly or the application was not acted on with reasonable promptness. A recipient may also request one if they believe the Department or the LDSS took an action in error. The request is made on a form the Department designates, within 90 days from the date the LDSS mailed the notice of action. The local department may not deny anyone the right to request a hearing. Whether to grant the request is decided by the Hearings Office.

What to Look for When Consulting a Maryland Medicaid Planning Attorney

The questions in a Maryland case are usually specific. They include which date sets the look-back, how the Schedule MA-6 divisor applies to a series of gifts, how Schedule MA-8 applies to a couple, and whether the home falls under the equity limit. Elder-law attorneys who focus on Medicaid planning work with these rules, with applications and with hearing requests.

Families often ask an attorney how they handle Maryland Medical Assistance applications. They ask about spousal-impoverishment rules and about estate recovery. They also ask what records, such as account statements and deeds, would be relevant.

This site provides general information about Maryland's long-term-care Medicaid rules and passes on consultation requests. It does not give legal advice, represent anyone or guarantee any outcome. It does not cover Medicare, private long-term-care insurance, veterans' benefits or general estate planning.

Discussing Medicaid Planning in Maryland

A Maryland case turns on dates and documents. These include when the first approval took effect, which transfers fall inside the 60 months, how much equity is in the home and how the couple's resources compare with the 2026 spousal share. A consultation is a chance to talk through those assets, transfers, the care setting and the family's circumstances with an attorney. This page does not cover the rules of other states, Medicare or insurance.

To discuss a situation like this with an attorney, request a consultation about your family's Medicaid and long-term-care options through 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 kind of lawyer can help with Medicaid planning in Maryland?

An elder-law attorney who focuses on Medicaid planning works with the rules described here: Maryland's resource and income standards, the 60-month look-back, spousal-impoverishment figures, the home-equity limit, applications, hearing requests and estate recovery.

What is the look-back period for Maryland Medicaid?

The look-back period is 60 months. Federal law sets 60 months for transfers on or after February 8, 2006, under 42 U.S.C. § 1396p(c)(1)(B)(i). Maryland's manual sets the look-back date from the effective date of the first nursing-facility or 1915(c) waiver approval. Every transfer on or after that date is reviewed for a possible penalty.

What assets are exempt from Maryland Medicaid?

The home can be exempt, subject to an equity limit. Under 42 U.S.C. § 1396p(f), equity above the limit bars long-term-care coverage unless a spouse, a child under 21 or a blind or disabled child lives there. Maryland lists $752,000, effective 2025. The full list of exempt assets depends on Maryland's current rules.

How much can a spouse keep when the other spouse applies for Maryland Medicaid?

Under 42 U.S.C. § 1396r-5, Maryland's Schedule MA-8 lists a spousal share, or CSRA, of $32,532 minimum to $162,660 maximum, both effective 1/1/26. For income, it lists a $2,643 basic maintenance and shelter allowance, effective 7/1/25. It lists a $4,066 maximum allowance, effective 1/1/26.

Does Maryland recover Medicaid costs from a deceased person's estate?

Yes. Maryland law allows the Department to claim against a deceased recipient's estate for medical assistance paid. The claim is waived where enforcing it would cause substantial hardship to surviving dependents. Federal law defers recovery while a surviving spouse, a child under 21 or a blind or disabled child survives, under 42 U.S.C. § 1396p(b)(2). That deferral postpones the claim; it does not cancel it.

How does the Medicaid penalty period work in Maryland?

Maryland totals the uncompensated value of all transfers not yet penalized and divides it by the Schedule MA-6 amount. That amount is $12,501 a month, effective 7/1/25. 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.

Can a Maryland Medicaid applicant transfer assets to their spouse without a penalty?

Yes. A transfer to the applicant's spouse carries no transfer penalty under 42 U.S.C. § 1396p(c)(2)(B)(i). The couple's combined resources are still assessed under the spousal-impoverishment rules, and every other Maryland eligibility condition still applies.

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