Search Articles

Find Attorneys

New Reports Suggest Asset Transfer Changes Won't Ease Pressure on Medicaid LTC Services

  • February 24th, 2006

The Deficit Reduction Act of 2005 (DRA) makes it much harder for individuals to qualify for Medicaid nursing home benefits. Supporters of the legislation contended that it would prompt many more seniors to purchase long-term care insurance, thus alleviating reliance on Medicaid.

But two new studies by the Kaiser Family Foundation cast doubt on this assumption. One report, "Private Long-Term Care Insurance: A Viable Option for Low and Middle-Income Seniors?" finds that the price of a long-term care policy is not affordable for most elderly people, and that even when they can afford it, such insurance is not available to people who already have long-term care needs. The annual cost of a typical long-term care policy in 2002 was $2,862 for those age 65 and $8,991 at age 79. Estimates indicate that nearly one-third of people age 65 to 69 would not pass an underwriting test.

To increase purchases of long-term care insurance, the DRA also lifts the moratorium on the number of states that may operate Long-Term Care (LTC) Partnership Programs. Under these programs, insurance buyers may protect a certain level of assets and still qualify for Medicaid when the long-term care policy runs out.

The report notes that although LTC Partnership Programs have been operating in four states since the early 1990s, enrollment in them has been limited. The programs appear to attract upper middle-class individuals, similar to the private long-term care insurance market, Kaiser found. The majority of purchasers in California, Connecticut and Indiana have assets greater than $350,000 (excluding the home), and half have annual incomes of $60,000 or more. Thirty percent of purchasers say they would not have purchased long-term care insurance in the absence of these programs.

A second report, "Frontline Perspectives on Long-Term Care Financing Decisions and Medicaid Assets Transfer Practices," echoes these findings and warns that efforts to tighten Medicaid transfer rules may impede access to needed long-term care services for low- and middle-income Americans. Based on a series of interviews with long-term care benefits counselors in six states, the report found that private long-term care insurance remains largely unaffordable to the majority of low- to middle-income individuals. Counselors also reported that they rarely recommend reverse mortgages. The report determined that the "vast majority" of people do not transfer their assets in order to qualify for Medicaid.

"The findings of this study," the report concludes, "suggest that the role of Medicaid as the primary payer of long-term care services will continue to grow, despite recent federal and state efforts to limit asset transfers."

According to a study that will appear in the next issue of the health care journal Inquiry, while the vast majority of seniors will incur little or no long-term care expenses, about one in ten will amass costs between $100,000 and $250,000 and an additional 5 percent will confront expenses of more than $250,000.

To read "Private Long-Term Care Insurance: A Viable Option for Low and Middle-Income Seniors?" go to: https://www.kff.org/uninsured/7459.cfm

To read "Frontline Perspectives on Long-Term Care Financing Decisions and Medicaid Assets Transfer Practices," go to: https://www.kff.org/medicaid/7458.cfm

For more on long-term care insurance, including a discussion of the Partnership Programs, click here.

Local Elder Law Attorneys in Your City

Elder Law Attorney

Firm Name
City, State

Elder Law Attorney

Firm Name
City, State

Elder Law Attorney

Firm Name
City, State


Last Modified: 02/24/2006
Learn the secrets of estate planning from an expert
ADVERTISEMENT
Medicaid 101
What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

READ MORE
How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

READ MORE
Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

READ MORE
What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

READ MORE
How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

READ MORE
Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

READ MORE
Medicaid Planning Strategies

Careful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.

READ MORE
Estate Recovery: Can Medicaid Take My House After I’m Gone?

If steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.

READ MORE
Help Qualifying and Paying for Medicaid, Or Avoiding Nursing Home Care

There are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.

READ MORE
Are Adult Children Responsible for Their Parents’ Care?

Most states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.

READ MORE
Applying for Medicaid

Applying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.

READ MORE
Alternatives to Medicaid

Medicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.

READ MORE
ElderLaw 101
Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

READ MORE
Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

READ MORE
Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

READ MORE
Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

READ MORE
Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

READ MORE
Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

READ MORE
Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

READ MORE
Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

READ MORE
Long-Term Care Insurance

Understand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.

READ MORE
Medicare

Learn who qualifies for Medicare, what the program covers, all about Medicare Advantage, and how to supplement Medicare’s coverage.

READ MORE
Retirement Planning

We explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.

READ MORE
Senior Living

Find out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.

READ MORE
Social Security

Get a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.

READ MORE
Special Needs Planning

Learn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.

READ MORE
Veterans Benefits

Explore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.

READ MORE