TENNESSEE / MEDICAID

Tennessee Medicaid Planning: What Families Need to Know About TennCare Long-Term Care

The state program

TennCare long-term care in 2026: a $2,000 resource limit, $2,982 income cap with a Qualified Income Trust, a $162,660 spousal maximum and a 60-month look-back.

On this page

In Tennessee, Medicaid for nursing-home and in-home long-term care runs through TennCare CHOICES. For 2026, an applicant's income generally can't exceed $2,982 a month, unless a Qualified Income Trust is used. Countable belongings can't exceed $2,000, and the home where the person lives doesn't count. TennCare looks back five years at gifts and below-value sales.

Most people facing a nursing-home admission in Tennessee come to this question in the middle of something hard. A mother may have just left the hospital and can't go home. A husband's care may now be more than his wife can manage alone. The family is trying to work out how care will be paid for, whether the house can stay in the family, and what the spouse who stays home will have to live on. This page sets out how TennCare's long-term-care rules work, using the state's own published figures, so those questions can be weighed calmly.

What Tennessee Medicaid Planning Covers — and Why It Differs From Other States

TennCare CHOICES is Tennessee's Medicaid program for long-term services and supports. According to TennCare's CHOICES page, it serves two groups who are eligible for needed care:

  • older adults age 65 and older
  • adults age 21 and older with physical disabilities

It covers home and community-based services, which help a person live at home or in the community and assist with daily living activities. When needed, it also covers care in a nursing facility as an alternative to those services.

CHOICES groups

Every CHOICES member is assigned to one of three groups (1, 2 and 3), and each group provides specific services based on the person's needs. CHOICES Group 1 is for people of all ages who receive nursing-home care. TennCare's CHOICES page names Groups 2 and 3 without describing them in the text quoted here; TennCare's Estate Recovery page refers to a Group 2 member receiving care in the home. The services in each of those groups depend on Tennessee's current rules.

Need for care, not only finances

Financial limits are only part of eligibility. TennCare's CHOICES page describes the program as serving people who are eligible for needed long-term services and supports, and it lists receiving SSI payments or qualifying for Medicaid long-term services and supports among the requirements. TennCare's Resource Assessment policy also refers to an approved PAE for home and community-based cases. The clinical or functional standards TennCare applies to decide whether a person needs that level of care are not set out on this page; they depend on Tennessee's current rules.

Federal framework, state program

Federal law sets the framework every state follows. The rules on estate recovery and asset transfers sit in 42 U.S.C. § 1396p, and the protections for a married couple sit in 42 U.S.C. § 1396r-5. Each state then runs its own program. That is why Tennessee's figures and procedures are not the same as those in, say, Texas long-term-care Medicaid or Colorado Medicaid planning.

Medicaid planning means arranging a family's finances so the person needing care meets TennCare's eligibility rules. It also means keeping what the law allows a spouse or family to keep. It works within the rules and depends on the family's own facts.

TennCare CHOICES Eligibility: Countable Assets, Income, and the Asset Limit

TennCare's resource standard for Institutional Medicaid is $2,000, as TennCare's Institutional Medicaid policy states. A countable asset is a resource the program adds up and measures against that limit. The resources of an applicant's spouse may be deemed available to the applicant. That policy also requires every applicant who has a spouse to have a Resource Assessment completed before an eligibility decision is made.

The home is the clearest exclusion. TennCare's Countable and Excluded Resources policy lists these conditions for the home:

  • it is the principal place of residence of the applicant, the spouse or dependent relatives
  • for someone in a long-term-care facility, intent to return home is established

The exclusion has a ceiling. An institutionalized person is ineligible for CHOICES long-term-care payments when home equity exceeds $752,000, unless certain people lawfully live in the home. Federal law sets the same kind of bar, lifted when a spouse, a child under 21, or a blind or disabled child lives there. The equity limit can also be waived if undue hardship is requested and found. Undue hardship means the limit would endanger the person's health or life by depriving them of medical care, or would deprive them of food, clothing, shelter or other necessities. Whether other belongings are excluded depends on Tennessee's current rules in that same policy.

Income is tested separately. TennCare uses the Medicaid Income Cap, which is 300% of the SSI Federal Benefit Rate. That figure is $2,982 a month for 2026, and it changes each year. If gross income is above the cap, the person can set up a Qualified Income Trust, also called a Miller Trust. This is a trust used only to establish Medicaid eligibility, and the person places certain monthly income into it.

The Look-Back Period and How Tennessee Applies Transfer Rules

TennCare's look-back period is sixty months for all resource transfers made on or after February 8, 2006, according to TennCare's Transfer of Assets and Penalty Periods policy. The look-back period is the window TennCare reviews for assets given away or sold for less than fair market value. The federal rule is also 60 months for transfers on or after that date. Medicaid.gov's eligibility page describes it as the five-year period before the application.

TennCare treats the uncompensated value of a transfer as available when it decides eligibility. The uncompensated value is the asset's equity value minus whatever the person received for it. A transfer for less than fair market value creates a penalty period. A penalty period is a stretch of time during which an otherwise eligible person can't receive TennCare payment for nursing-facility care or home and community-based services.

The penalty's length is tied to the uncompensated value. TennCare measures it against its average cost of nursing-facility care. From January 1, 2026, that cost is $295.87 a day, or $8,846.10 a month. The result is a number of days of ineligibility, and eligibility can't begin until the full number of days has passed.

Under federal law, 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. A gift made four years ago is therefore penalized the same way as one made last month, as long as it falls inside the look-back. Federal law also places no transfer penalty on a transfer to the person's spouse.

TennCare's policy lists other circumstances that are not treated as transfers for less than fair market value. Which of those apply depends on the facts and on Tennessee's current rules.

Spousal Protections Under TennCare: What the Community Spouse Keeps

For a married couple, the spouse who stays home is often the one with the most to lose. That is the reason federal law, at 42 U.S.C. § 1396r-5, sets out separate protections.

The community spouse is the husband or wife who remains at home while the other spouse receives institutional care. The community spouse resource allowance (CSRA) is the share of the couple's countable resources the community spouse may keep. Tennessee calls it the CSRMA.

Resources

Under TennCare's Resource Assessment policy, the assessment counts all countable resources owned by either spouse or by both together. Only one assessment is completed per couple. For a snapshot date in 2026, the CSRMA is one-half of total countable resources, but not less than $32,532 and not more than $162,660 (as of January 2026). Federal law lets the institutionalized spouse transfer resources up to the allowance to the community spouse, or for that spouse's sole benefit, without a transfer penalty. Once eligibility is established, the community spouse's resources are generally not counted against the institutionalized spouse.

Income

Income works differently. Federally, while a spouse is in an institution, the community spouse's income is generally not deemed available to that spouse. The minimum monthly maintenance needs allowance (MMMNA) is the minimum monthly income the community spouse is allowed to keep. Federally it changes each July 1, while the maximum income allowance and the resource figures change each January, as the 2026 CMS spousal impoverishment bulletin explains. This page does not state an MMMNA dollar figure. Tennessee's own MMMNA figure, and the date it applies from, depend on Tennessee's current rules.

As set out earlier, the home stays excluded while it is the spouse's principal residence. That is a rule about eligibility. It is not a promise about any particular asset.

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

Planning Tools Tennessee Families Use: Trusts, Annuities, and Spend-Down

A Qualified Income Trust is the tool TennCare's own policy names. When gross income exceeds the Medicaid Income Cap, the applicant is offered the chance to establish one. Certain monthly income is placed in the trust, and income eligibility is then tested again. It addresses income only. It does not address resources.

Other trusts are treated with care. Medicaid.gov explains that when a person, a spouse, or anyone acting for them sets up a trust using at least some of the person's funds, that trust can be considered available to the person. How an irrevocable trust is treated depends on its terms, its timing within the look-back, and Tennessee's current trust rules. No trust always protects assets.

Annuities are a category TennCare's transfer policy addresses directly, including annuities that do not pay out their full value to the applicant in equal amounts during the applicant's lifetime. Whether an annuity is treated as a transfer depends on its terms and on Tennessee's current rules.

Spend-down means reducing countable assets to the resource limit. Families may do this by paying for care or by buying things the rules exclude. Some purchases carry their own conditions. For example, TennCare treats buying a life estate in someone else's home as a penalized transfer unless the buyer then lives in the home for at least one year. Every asset, transfer and source of income is reported on the application.

This page gives no tax advice.

TennCare Estate Recovery: What Happens After a Beneficiary Dies

Many Tennessee families reasonably wonder whether the house will be lost after a parent's death. Estate recovery is the state's right to seek repayment of Medicaid costs from a deceased member's estate.

TennCare's Estate Recovery page states that if TennCare pays for nursing-facility or other long-term care, it is required by federal law to recover those payments after the member's death. The page lists receiving care at age 55 or older among the conditions. It describes the estate as the property, belongings, money and other assets the member owned before death, such as a house, a car or bank accounts. Recovery happens only after death, and the family is not personally responsible for the debt.

Because TennCare pays a managed care organization a monthly premium, it recovers the part of that premium that covers long-term care. This includes months when the member was in the hospital.

Federal law, at 42 U.S.C. § 1396p(b)(2), delays recovery until after the death of a surviving spouse. It also delays recovery while a child under 21, or a blind or disabled child, survives. The deferral postpones the claim; it 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. TennCare recognizes undue hardships that either waive or delay recovery. One of them lasts only while the member's caretaker child lives in the home. After a death, family members or the estate representative can ask whether the estate owes TennCare, or apply for waivers, using a Request for Release form.

What a Tennessee Medicaid Planning Attorney Does — and What to Ask

A Medicaid planning attorney works with the details this page can only outline. That can include:

  • sorting countable from excluded assets under TennCare's policies
  • the timing of an application against the look-back
  • setting up a Qualified Income Trust
  • applying the CSRMA to a couple's resources
  • representing a family when TennCare denies coverage or imposes a penalty

The steps and deadlines for a TennCare appeal depend on Tennessee's current rules and the notice the family receives.

For families starting the CHOICES application itself, TennCare's CHOICES page says the Area Agencies on Aging and Disability can assist applicants not already enrolled in TennCare.

Questions families often put to an elder-law attorney include:

  • How often has the attorney worked on TennCare CHOICES applications?
  • How do Tennessee's current asset and income limits apply to the family's numbers?
  • How does the attorney approach protecting a community spouse?

The broader Medicaid crisis planning checklist covers the federal side.

Medicaid Asset Protection Group is an information and inquiry site, not a law firm. It does not give legal advice or represent anyone. It cannot say whether any attorney will respond to an inquiry.

Discussing Medicaid Planning in Tennessee

A Tennessee family's situation turns on specific facts. These include each account and who owns it, the date and value of any gift within the last sixty months, the home's equity and who lives there, whether there is a spouse at home, and whether care is in a nursing facility or at home through CHOICES. Those are the facts an attorney would look at in a consultation.

This page does not cover Medicare, private long-term-care insurance, veterans' benefits or any other state's rules.

To talk these facts through 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 does a Medicaid planning attorney do?

A Medicaid planning attorney applies TennCare's rules to a family's assets, income and transfers. That covers the resource limit, the income cap, Qualified Income Trusts, the spousal allowance and the look-back. The attorney can also represent the family in a TennCare application or appeal. No attorney can promise an eligibility result.

What is TennCare CHOICES and who does it cover?

CHOICES covers home and community-based services and nursing-facility care for eligible adults age 65 and older, and for adults age 21 and older with physical disabilities. Members are assigned to one of three groups based on their needs; Group 1 is for people of all ages receiving nursing-home care. Applicants must also meet TennCare's financial limits on income and countable resources.

What is a Qualified Income Trust (Miller Trust) in Tennessee?

A Qualified Income Trust is a trust used only to establish Medicaid eligibility. TennCare offers the chance to set one up when gross income exceeds the Medicaid Income Cap. Certain monthly income is placed in the trust, and TennCare then tests income eligibility again. The trust addresses income only, not resources.

How does Tennessee's look-back period work?

TennCare looks back sixty months for transfers made on or after February 8, 2006. A gift or below-value sale creates a penalty period of ineligibility. TennCare calculates it in days using its average nursing-facility cost, which is $295.87 a day from January 1, 2026. Transfers to a spouse carry no federal transfer penalty.

Can TennCare take my home after my parent dies?

TennCare's estate recovery can reach the estate, including the house, for long-term care paid for a member who received care at age 55 or older. Federal law delays recovery while a surviving spouse, a child under 21, or a blind or disabled child survives, but that delay does not cancel the claim. TennCare recognizes undue hardships that can waive or delay recovery.

Does the home count toward TennCare's $2,000 limit?

The home generally does not count when it is the principal residence of the applicant, a spouse or dependent relatives. For someone in a facility, intent to return home must be established. For institutional care, equity above $752,000 makes the person ineligible unless certain people lawfully live there or an undue hardship waiver is granted.

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