A common question that we get as Medicaid planning attorneys for Medicaid assisted living or nursing home benefits is whether an applicant can continue to own a home and still qualify for Florida Medicaid benefits. The short answer is yes, if an applicant owns a home, the applicant can qualify for Medicaid benefits. This is true for people applying for both assisted living and nursing home care.
How do the Medicaid regulations treat home ownership?
Although there are many state and Federal statutes and regulations that govern these policies, the first place to start whenever you have a question about Medicaid eligibility is the Florida Department of Children and Families ESS Program Policy Manual. Since a home is an asset, Section 1640.0000 is the place to look for whether owning a home will disqualify an applicant from receiving Medicaid long term care benefits. The answer is specifically located in Section 1640.0307.01, which states, “As long as a home is the individual’s principal place of residence it is excluded from assets regardless of the type or degree of ownership.”
To qualify as a home under the Policy Manual, the home also needs to be documented to be owned by the applicant. Under Section 1640.0307.02, home ownership is established if the applicant or the applicant’s spouse’s name is shown as an owner on:
- An assessment notice;
- A recent tax bill;
- A current mortgage statement;
- A deed; or
- A report of title search, or evidence of legal inheritance from an estate whose distribution is not contested.
What kinds of homes are not counted as an asset for Medicaid qualification?
Obviously, the first type of home that will qualify as not countable for an application for Medicaid assisted living or nursing home benefits is a traditional house. This can be a single family home, a condominium, or a townhouse. Further expanding the definition of a home, a mobile home can also qualify as a home and is not countable in a Medicaid assisted living or nursing home benefits application. More interestingly, due to the expansive definition of a “home” under the Policy Manual, a house boat, or a recreational vehicle also will likely qualify as a “home” for the purposes of applying for Medical assisted living or nursing home benefits, and therefore is not countable as an asset.
What does it mean if an asset is not countable towards assets in a Medicaid application?
I’m sure if you’ve made it this far, you’re thinking, “OK, we know that a home is not countable towards assets in an application for Medicaid long term care benefits, but what does that mean?” Basically, if an asset is not countable towards an applicant’s assets in a Medicaid application, the asset is treated as if it does not exist for the purposes of the applicant qualifying for benefits. The non countable asset does not count towards the maximum allowable assets under the Florida Medicaid Policy Manual. We cover the different kinds of assets in more depth in our previous post How to Assets Affect Medicaid Eligibility?
What should I do if my loved one needs to apply for Medicaid benefits and owns a house?
If you or a loved one needs to apply for Medicaid assisted living or nursing home benefits, or would like to explore using Medicaid benefits to pay for assisted living or a skilled nursing facility while still allowing for assets to be passed to loved ones, you need to talk to an experienced Medicaid planning attorney. Owning a home does not disqualify you from receiving Medicaid long term care benefits in Florida. The attorneys at Richert Quarles P.A. have extensive experience with Medicaid planning and enabling our clients to qualify for Medicaid long term care benefits. Contact us today to schedule a free consultation with one of our experienced Medicaid planning attorneys.