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Building 310, Suite 165
Austin, TX 78744

T:  (512) 916-6000
F: (512) 916-6001


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Financial and Legal Support for Nursing Home Care


Nursing Home residents who have low or limited financial resources may need assistance from Medicaid to pay for their care.

Meeting Medicaid Eligibility Requirements:

The Medicaid program requires its beneficiaries to use their income to pay for their own long term care; Medicaid may make up the difference between cost and income. A small monthly amount is set aside for a resident’s personal spending. Residents with less resources receive additional assistance. The Business Office or Social Services Director of a nursing home may be able to assist with an application for Nursing Home Medicaid.

It is important to apply for the assistance to determine eligibility, since the rules and formulas are complicated.  For instance, there are protections for the resources of a spouse who remains at home when their wife or husband moves into a Nursing Home.

Anyone who assists you with a Medicaid application will need complete information about the financial resources of the applicant. It is important to know there are rules about the way an applicant’s financial history can affect eligibility. Do not transfer assets to someone else in an effort to create eligibility. This kind of transfer will delay eligibility. Medicaid will look back at financial transactions and property transfers for the previous five years.

Application forms are available online from YourTexasBenefits.com. Click on “Request an application.” https://www.yourtexasbenefits.com/

A specific type of Trust (Qualified Income Trust) is needed to manage and account for how the funds from a resident’s income are used. Help at no cost to low income Texans may be available to prepare legal documents for a QUALIFIED INCOME TRUST (QIT). You will need a referral from our BENEFITS COUNSELING PROGRAM. Contact (512) 916-6062 Austin local or 1-888-622-9111 Toll Free. Ask for a Benefits Counselor.

Eligibility Table Click this link to see a summary table of financial eligibility limits for Medicaid assistance with Long Term Care. Included is a list of Texas Health and Human Services Commission Field Offices that administer Nursing Home Medicaid.

Texas Legal Services Center (TLSC)
TLSC operates a legal hotline program that gives self-help legal advice to Texas residents who are over age 60 or who receive Medicare. TLSC also has programs that assist low income people who have problems accessing health care (Health Law Project), low income victims of violent crimes, persons who have suffered abuse or neglect in residential care facilities such as nursing homes, victims of identity theft, and persons who have problems with pensions. The Health Law Project can represent you through the appeal process for Medicare and Medicaid.
http://www.tlsc.org/

Other Web Resources

Additional information about Medicaid Rules, factors to consider in selecting a Nursing Home, checklists, and other resources on the Elder Law Answers web site:
http://www.elderlawanswers.com/Resources/Article.asp?scope=TX&key=keym

The National Academy of Elder Law Attorneys provides a nationwide directory of Elder Lawyers and other elder law resources:
http://www.naela.org/

Please note that all external links are provided for informational purposes only. CAPCOG does not edit, control, or attest to the accuracy of the information provided on the websites made available through this page. Additionally, CAPCOG does not endorse any specific organization listed on this page.