PENNSYLVANIA / MEDICAID

Pennsylvania Medicaid Planning: What Families Need to Know

The state program

Pennsylvania long-term-care Medicaid in 2026: the $2,000 resource limit and $6,000 disregard, 60-month look-back, $32,532-$162,660 spousal share, estate recovery.

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Pennsylvania Medicaid planning means preparing for how the Department of Human Services decides whether Medical Assistance will pay for a nursing home or home and community-based services. For 2026, a single applicant with income at or below $2,982 a month faces a $2,000 resource limit plus a $6,000 disregard. Transfers made within 60 months are reviewed, and a spouse at home keeps a protected share of the couple's resources.

Most people facing nursing-home care in Pennsylvania come to these rules in the middle of something hard. A mother may have been discharged from the hospital and cannot go home. A husband's dementia may have reached the point where his wife can no longer care for him safely. Monthly bills that would empty a lifetime of savings are already arriving. The questions that follow are practical ones. What will the state count? What can the spouse at home keep? What happens to the house? Will gifts made to children years ago cause a problem? This page sets out what Pennsylvania's own official sources say on each of those points, and it marks plainly where a figure is not stated in those sources and depends on the state's current rules.

How Pennsylvania's Medicaid Program Covers Long-Term Care

The Pennsylvania Department of Human Services (DHS) runs the state's long-term-care Medicaid coverage. The state calls this program Medical Assistance, or MA, and this page uses that name from here on. DHS's Medicaid and Payment of Long-Term Services page covers two care settings:

  • care in a long-term care (LTC) facility, such as a nursing home
  • home and community-based services (HCBS), for a person who is assessed as eligible for that level of care but receives it outside a facility

The official sources relied on here do not list Pennsylvania's individual home-based waiver programs or describe how each is structured. Which programs are open, and on what terms, depends on Pennsylvania's current rules.

The County Assistance Office reviews long-term-care applications. Federal law sets the framework that every state follows, including the rules on transfers, liens and estate recovery in 42 U.S.C. § 1396p. Within that framework, Pennsylvania runs its own program with its own figures. A rule from another state does not carry over into Pennsylvania.

This page does not cover Medicare, private long-term-care insurance or veterans' benefits.

Pennsylvania's Asset Rules: What Counts and What Doesn't

A countable asset is something the agency includes when it measures whether an applicant is under the resource limit. An exempt asset is something it leaves out. The income threshold behind the limit is 300 percent of the federal benefit rate, which DHS gives as $2,982 for 2026 and notes changes every year. At or below that income, the $2,000 limit and $6,000 disregard described above apply.

The DHS page also has a heading on the home. The DHS page excerpts relied on here do not set out which other assets Pennsylvania exempts or on what conditions, so those questions depend on the state's current rules. They include vehicles, personal belongings and burial arrangements.

Federal law limits how far a home can be protected. Long-term-care coverage is generally barred when home equity is above a set limit. That bar does not apply if a spouse, a child under 21, or a blind or disabled child lives in the home. The sources relied on here do not state Pennsylvania's home-equity figure, so that figure depends on the state's current rules.

Families sometimes spend down by paying for care, repairs or other purchases until countable assets fall to the limit. Whether a particular purchase helps depends on how the agency classifies it. For a broader overview of these choices, see planning before a nursing-home stay.

Pennsylvania's Look-Back Period and Transfer Penalties

The look-back period is the window before an application during which the agency reviews gifts, sales and transfers. Under federal law, the look-back is 60 months for transfers made on or after February 8, 2006. DHS applies the same 60 months: the County Assistance Office must review any asset that was transferred, sold or given away within that time. The window is measured from the date the person is admitted to an LTC facility, or assessed eligible for HCBS, and has applied for MA long-term care.

The office checks whether fair market value was received for each transfer. If it was not, a penalty period follows. A penalty period is a stretch of ineligibility during which DHS will not pay for long-term-care services. DHS calculates it in three steps:

  1. It finds the uncompensated value, which is the difference between fair market value and the amount actually received.
  2. It divides that value by the average daily private pay rate for LTC services.
  3. The result is the number of days of ineligibility.

The penalty period begins on the date the person is eligible for MA long-term care. Federal law starts it on the later of the month of the transfer and the date the person is eligible and would otherwise be receiving institutional-level care. As a result, a gift made four years ago is penalized the same way as one made last month.

Not every transfer is penalized. Federal law lists exceptions, including transfers to the applicant's spouse, which carry no transfer penalty. Every transfer still has to be reported fully on the application.

Protecting the Spouse at Home: Pennsylvania's Spousal Impoverishment Rules

For a wife or husband who will keep living in the family home, this section is often the one that matters most. The community spouse is the husband or wife who stays at home. The institutionalized spouse is the one who enters an LTC facility or is assessed eligible for HCBS.

The federal protections are in 42 U.S.C. § 1396r-5. It computes a spousal share equal to one-half of the couple's total resources. It counts resources held by either spouse as available to the institutionalized spouse when the application is first decided. It then allows a community spouse resource allowance (CSRA), which is the share of the couple's countable assets the community spouse may keep. After the month eligibility is established, the community spouse's resources are no longer treated as available to the institutionalized spouse.

DHS states Pennsylvania's figures on its long-term services page. It reviews all resources owned by both spouses. The spousal share, or protected share, is one-half of the couple's total countable resources. For 2026, that share can be no less than $32,532 and no more than $162,660. These figures are revised each year.

The monthly maintenance needs allowance is the minimum monthly income the community spouse may keep, drawn if needed from the other spouse's income. Federally, the minimum adjusts each July 1, according to a CMS bulletin. The sources relied on here do not state Pennsylvania's own figure or whether Pennsylvania allows spousal refusal, so both depend on the state's current rules. Some other states' versions of these rules are described on the Illinois Medicaid planning page.

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

Pennsylvania's Estate Recovery Program

Estate recovery is the state's right to seek repayment of Medicaid costs from a recipient's estate after death. Pennsylvania's Estate Recovery Program allows the Commonwealth to recover MA payments for long-term care. That includes nursing facility care, HCBS and related services, received from age 55 until death. The payments must have been made on or after August 15, 1994. Whether the family home is reached depends on Pennsylvania's rules and on who survives.

Federal law limits when recovery can happen. Under 42 U.S.C. § 1396p(b)(2), recovery may be made only after the death of any surviving spouse. It also cannot be made while there is a surviving child under 21 or a blind or disabled child. That deferral delays the claim but does not cancel it. Under 42 U.S.C. § 1396p(b)(3), states must have procedures to waive recovery when it would cause undue hardship.

DHS lists two forms for this purpose: an Undue Hardship Waiver Request Form and a version for income-producing property. Families and executors with questions can contact DHS Estate Recovery at P.O. Box 8486, Harrisburg, PA 17105-8486, or by phone at (800) 528-3708.

Submitting a Pennsylvania Medicaid Application: Key Steps and the Role of DHS

Applications for MA long-term care go to DHS and are reviewed by the County Assistance Office. Documents commonly gathered include proof of identity, proof of residency, and financial records covering the 60-month look-back. The full list of required documents depends on DHS's current requirements. Because transfers are measured against fair market value, records showing what was received for anything sold or given away carry weight. An attorney can help organize these records and respond to DHS requests for more information.

A denial or other decision can be appealed. Under the Pennsylvania Code appeal requirements, an appeal must generally be filed within 30 days of the date of written notice of a decision by a County Assistance Office. Appeals filed outside that limit are dismissed without a hearing. Before and during the hearing, the appellant may examine the documents the office will introduce as evidence and the contents of the case file, subject to confidentiality rules.

What a Pennsylvania Medicaid Planning Attorney Does

An elder-law attorney who reviews a family's assets, income, transfer dates and care setting can explain how Pennsylvania's MA rules apply to those facts. That work can cover several areas:

  • when an application can be filed
  • how the spousal share is calculated
  • how any transfers inside the 60 months will be treated
  • what spend-down choices the rules allow
  • how estate recovery could reach the home

Attorneys in this field also discuss trusts, annuities and spend-down as tools. Their effect depends on how they are set up and how the rules treat them. CMS notes that a trust set up with at least some of an applicant's own funds can be considered available to that person, so no trust or annuity protects assets in every case.

Families who begin planning before a crisis usually have more choices open, because more of the timeline is still ahead of them. Other states run these rules differently. The Texas Medicaid planning page shows one contrast.

Medicaid Asset Protection Group provides information and facilitates inquiries. It is not a law firm and does not represent anyone.

Discussing Medicaid Planning in Pennsylvania

Pennsylvania's rules turn on specific figures and dates: the 2026 limits, the 60-month window, the spousal share and the 30-day appeal limit. A conversation with an attorney can cover the family's accounts, property, past transfers, the care setting, and whether a spouse or child lives in the home. This page does not cover other states' rules or the programs named above.

To discuss these questions 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 is the asset limit for Medicaid in Pennsylvania?

For one person whose income is at or below $2,982 a month in 2026, DHS sets a $2,000 resource limit with an additional $6,000 resource disregard. A married applicant's spouse at home keeps a separate protected share, which for 2026 is between $32,532 and $162,660.

How far back does Pennsylvania look at asset transfers?

DHS reviews anything transferred, sold or given away within the past 60 months, matching the federal look-back for transfers made on or after February 8, 2006. The window is measured from the date of facility admission, or HCBS eligibility, and application.

What happens if a transfer inside the look-back was for less than fair market value?

A penalty period follows, during which DHS will not pay for long-term-care services. Its length is the uncompensated value divided by the average daily private pay rate for LTC services. The penalty begins once the person is eligible for MA long-term care, so a gift from years ago, if it falls inside the window, is penalized the same way as a recent one.

Can a spouse keep the house if the other spouse goes into a nursing home in Pennsylvania?

Federal law generally bars long-term-care coverage above a home-equity limit, unless a spouse, a child under 21, or a blind or disabled child lives in the home. Pennsylvania's own home rules depend on its current rules. Estate recovery is deferred while the surviving spouse lives.

Does Pennsylvania have estate recovery for Medicaid?

Yes. Pennsylvania recovers long-term-care MA payments made from age 55 onward, for payments on or after August 15, 1994. Federal law defers recovery while a surviving spouse, a child under 21, or a blind or disabled child survives, but the deferral does not cancel the claim. Undue-hardship waivers are available.

What does a Pennsylvania Medicaid planning attorney do?

An attorney who reviews a family's assets, income and transfer dates can explain how Pennsylvania's MA rules apply to them. That includes application timing, the spousal share, spend-down and planning documents such as trusts. No plan guarantees eligibility.

What is the difference between Medicaid and Medicare for nursing-home care?

They are separate programs. This page covers only Medicaid, called Medical Assistance in Pennsylvania, for long-term care. It does not cover Medicare.

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