My husband is completely paralyzed and I cannot care for him anymore because I have hernias and need surgery on my knee. I cannot lift him or move him when he needs me to. He has memory loss and has an addiction to pills. I cannot take care of him any longer but he makes ends meet at my home since I left my job to take care of him. If I place him in a nursing home, will I be able to keep his income?
The healthy spouse is allowed to keep an amount of the nursing home resident spouse income (with no questions asked by Medicaid) called the Minimum Monthly Maintenance Needs Allowance ("Minimum MMNA").
Every year, on July 1st, the MMNA is increased. The Minimum Monthly Maintenance Needs Allowance (Minimum MMNA) for July 1, 2018 through June 30, 2019 will be $2,057.00 for all states, except Alaska and Hawaii. The "Spousal Impoverishment figures" are posted here:
https://www.medicaid.gov/medicaid/eligibility/downloads/spousal-impoverishment/ssi-and-spousal-impoverishment-standards.pdf
The Standard Shelter Expense is the amount included in the Minimum MMNA for your rent, or mortgage payment, property taxes and insurance, and/or condo maintenance. If the spouse’s housing expenses are over 30% of the MMMNA, (30% of $2,057 = $617.25), the additional need is referred to as the Excess Shelter Allowance, and it is credited to the community spouse as an additional income allowance.
The Maximum Monthly Maintenance Needs Allowance (Maximum MMNA) as of July 1, 2018 is $3,090.
If you need more to cover your home upkeep expenses or Assisted Living, Federal Medicaid Law [Section 1396a(a)(3)] gives you the right to a fair hearing. Federal Regulations [42 CFR 431.230] require that Medicaid payment for services be continued during the time an application is waiting for a fair hearing, and the state must make corrective payments if the applicant wins the fair hearing.
The other people who posted the advice to call a Certified Elder Law Attorney in your state are right. The CELA can listen to the specific facts of your situation, and explain how much income you can keep to stay safely at home.
However, a greater difficulty may exist if his assets exceed the Medicaid limit (which may be as low as $2,000). If that is the case, then he would be considered ineligible until his assets are spent down to below the $2,000 limit. The Nursing Home could be paid for privately to spend down his assets in anticipation of switching over the Medicaid at some point.
As others have suggested, you should discuss this further with an attorney specializing in Elder Care law.