Medicaid

Nursing Home Medicaid and HCBS Waivers – Financial Eligibility

In evaluating financial eligibility for Medicaid, both monthly income and resources must be considered. The basic rule is everything having value is an asset. 42 U.S.C. § 1396p(h)(1). This includes monthly income and resources. Income includes both earned and unearned income. 42 U.S.C. § 1396p(h)(2) incorporates by reference the definition of income found at 42 U.S. Code § 1382a. 42 U.S.C. § 1396p(h)(5) incorporates the definition of resources found at 42 U.S. Code § 1382b without regard to the exclusion described in subsection (a)(1) of that section. An asset cannot be considered income and a resource in the same month. Georgia ABD Manual section 2300-2. See also POMS SI 00810.010 – Relationship of Income to Resources. As shown in later chapters, this distinction is important when planning for eligibility.

Published by
David McGuffey

Recent Posts

Amount of compensation; multiple conservators; forfeiture; renunciation; O.C.G.A. § 29-5-50

Compensation of the Conservator is generally addressed at O.C.G.A. § 29-5-50. There, the Code provides:…

2 weeks ago

Generational Cohorts

Researchers use generational cohorts to identify and analyze changing views over time. A typical generation…

2 months ago

There are only six legal reasons to discharge a nursing home resident

Valid Reasons for an Involuntary Nursing Home Discharge One thing that strikes fear in the…

4 months ago

2026 Statewide Average Monthly Private Pay Rate for Determining Transfer of Assets

As of April 1, 2026, the Georgia Medicaid penalty divisor will increase from $10,798 to…

4 months ago

Medicaid Fair Hearing Dismissed Where Estate was Not Opened

How do nursing homes get paid? Sick people go to nursing homes and sick people…

5 months ago

Medicaid Verification: When the Agency is Required to Help

Some Medicaid classes of assistance do not require verification, but most long-term care classes of…

6 months ago