Medicaid Spend-Down Rules: What Your Family Needs to Know
Medicaid is the primary payer for nursing home care in America — covering 62% of all nursing home residents. But getting there requires spending down almost all of your assets first. Understanding these rules before a crisis can mean the difference between protecting $200,000 of assets and losing everything. Here's what the rules actually say.
The spend-down requirement
Medicaid is a means-tested program. To qualify for nursing home Medicaid, your "countable assets" must be below the state threshold — typically $2,000 for a single person. This means you must spend down (use for care) or properly structure your assets until you reach that limit.
Countable vs. exempt assets
Not all assets count toward the limit. Exempt assets don't need to be spent before qualifying:
| Exempt (Not Counted) | Countable (Must Spend Down) |
|---|---|
| Primary home (if spouse or dependent lives there) | Checking and savings accounts |
| One vehicle | Stocks, bonds, mutual funds |
| Personal belongings and household goods | CDs and money market accounts |
| Prepaid funeral and burial arrangements | IRAs and 401(k)s (in most states) |
| Term life insurance (no cash value) | Cash value life insurance over $1,500 |
| Irrevocable funeral trust | Vacation property/second home |
IRAs and 401(k)s: In most states, retirement accounts are countable for nursing home Medicaid. However, if the account is in payout status (taking required minimum distributions), some states treat it differently. Rules vary significantly by state — a Medicaid planning attorney in your state is essential before relying on this exemption.
The 5-year look-back period
Medicaid looks back 60 months (5 years) before your application date at all asset transfers. Gifts, sales below market value, and transfers to family members within this window can result in a penalty period — months of ineligibility proportional to the amount transferred.
Penalty calculation: Penalty months = amount transferred ÷ average monthly nursing home cost in your state. If your state's average is $9,000/month and you transferred $90,000 to your children 3 years ago, penalty period = 10 months of Medicaid ineligibility — during which you must pay for care privately.
The 5-year rule means planning must happen early. If a parent transfers $200,000 to children today and applies for Medicaid in 3 years (before the look-back window clears), there's a 22-month penalty period. The gifted money is gone, but the parent still owes 22 months of nursing home bills. This is the most common and costly mistake in Medicaid planning.
Spousal impoverishment protection
If a married person enters a nursing home, Medicaid cannot impoverish the spouse remaining at home (the "community spouse"). Protections in 2026:
- Community Spouse Resource Allowance (CSRA): The community spouse may keep up to $154,140 in countable assets (2026 federal maximum; states may set lower limits, but not less than $30,828)
- Community Spouse Monthly Income Allowance (MMMNA): If the community spouse's income is below $2,555/month (2026), they may receive a portion of the institutionalized spouse's income
- The home is protected: As long as the community spouse lives in it, the home is fully exempt — no lien while they're alive
Medicaid estate recovery
After the Medicaid recipient dies, the state can seek repayment from the estate — including the previously exempt home. States are required to attempt recovery for assets received after age 55. This means the home exemption is temporary, not permanent. Strategies to protect the home from estate recovery include:
- Irrevocable Medicaid Asset Protection Trust (MAPT) — must be funded 5+ years before application
- Life estate deed — transfers remainder interest now while retaining use during lifetime
- Both require an attorney familiar with your state's Medicaid rules
Planning for aging parent costs?
Use our Aging Parent Care Calculator to see how long your parents' assets will last under different care scenarios — and when Medicaid might become necessary.
Open Aging Parent Calculator →Cite this article
Randive, A. (2026). Medicaid Spend-Down Rules: What Your Family Needs to Know. DecisionsCalc. https://decisionscalc.com/articles/medicaid-spend-down-rules/