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Medicaid Spend-Down

Views: 15294
Posted: 01 Jun, 2009
by David Silva (Selfhelp Community Services, Inc.)
Updated: 24 Aug, 2011
by Valerie Bogart (Selfhelp Community Services, Inc.)

Because Medicaid is a health insurance program for the poor, one must have income and assets below a certain limit to be eligible.  For a single elderly or disabled person in New York State in 2009, these limits are $767/mo. of income and $13,800 in total assets.  (The income limits for people Disabled, Age 65+, or Blind ("DAB"), people age 18-21 and their parents, grandparents or other "caretaker relatives" living with them are in BOX 3 on the HRA Medicaid Chart ). Because of the high cost of living, especially medical expenses, many people find that although they are barely scraping by, they are "too rich" to get Medicaid.  Fortunately, there is sometimes a way of getting Medicaid even if your income and/or assets are over the limit: spend-down.

The spend-down program (also called excess or surplus income) is a way for certain categories of applicants to get Medicaid even though their income or assets are over the limit, by offsetting their excess with medical expenses.  For example, imagine two potential Medicaid applicants (who we will assume both are in the DAB category and both have assets below the limit).  One has income of $700/mo., and is therefore fully eligible for Medicaid ($700 is less than $767).  The other has income of $900/mo., but also spends $140/mo. on medical supplies and doctor's visits.  The second person would ordinarily not be eligible for Medicaid, because his income is over the limit by $133/mo.  However, he can "spend-down" his income to the Medicaid level by using the $140/mo. of medical expenses.  Once he shows Medicaid that he has $140/mo. of medical expenses in a given month, then his Medicaid coverage will be activated for the rest of that month.  It is almost like a monthly deductible.

Note that the spend-down program is not available to all New York Medicaid applicants.  Those who are aged 21-64 who are neither disabled nor have children under age 21 in the household (aka Single/Childless Couples or S/CC) are not eligible to use spend-down.  If their income is over the Medicaid limit, they should consider Family Health Plus, which has higher income limits, but keep in mind that Family Health Plus does not allow spend-down, and also is never retroactive.  It is only effective in the month after the application is accepted.  So.. if you need medical bills to be paid or reimbursed, if they were incurred in the 3 months before you applied, or while the application is pending, Medicaid is the only option.  

Selfhelp has published some training materials on the spend-down program, which you can download below:

In November, 2010, the new NYS Department of Health  responded to advocacy concerns about lack of clear information about the spenddown program.  See this article.   The new information includes:

These sources more cleaerly explain:

USING SUPPLEMENTAL NEEDS TRUSTS TO ELIMINATE THE SPEND-DOWN - SEE other pages on this website:

People age 18 - 65 with disabilities may be eligible for Medicaid even with higher incomes, with no spend-down, if they are working.. see information about the Medicaid Buy-In For People with Disabilities

NYC HRA Medicaid Program Forms & Materials about Spend Down--

ADVOCACY:  Read the May 2009 Report by the New York Health Foundation on "Streamlining New York's Excess Income Program," prepared by Manatt Health Solutions and the Consumer Workgroup Response.  


This article was authored by the Evelyn Frank Legal Resources Program of Selfhelp Community Services, Inc.

Selfhelp

Attached files
file OHIO-0026 Explanation of Excess Income Program 11-2010.pdf (20 kb)
file MAP-931B Agreement to Participate in Pay-In Program.pdf (84 kb)
file MAP-931A Optional Pay-In Program.pdf (139 kb)
file MAP-931 Explanation of Excess Income Program.pdf (129 kb)
file MAP-931Y_E-Fax_Medical_Bills.pdf (79 kb)
file MAP-2161 Spousal Refusal.pdf (245 kb)
file Resource Documentation.pdf (31 kb)
file BurialExemption.pdf (305 kb)
file Spend-Down Selfhelp SHORT 4-10.ppt (322 kb)
file spendownOUTLINE09.pdf (279 kb)
file Spend-down Appendix 10-2010 FINAL.pdf (2.17 mb)
file IncomeDisregards2011.pdf (95 kb)
file ResourceDisregards2011.pdf (47 kb)
file Medicaid Basic - 2011.pdf (337 kb)

Also read
document Getting Started in Medicaid
document List of Pooled SNTs in New York State
document Advocate's Outline on Supplemental Needs Trusts
document How to use a pooled SNT to eliminate the Medicaid spend-down.
document Income and Resource Limits for New York State Public Health Insurance Programs
document Medicaid Reimbursement of Home Care and other Medical Expenses
document Applying for Medicaid Personal Care Services in New York City
document Step-by-step guide to enrolling in the NYSARC Pooled SNT for Medicaid spend-down
document Medicaid Spend-down: NYC Medicaid Now Accepts FAXED Medical Bills
document The Medicaid Buy-In for Working People With Disabilities (MBI-WPD)
document Medicaid 101: Eligibility for Public Health Insurance in New York State
document Advocacy to Improve the Medicaid Spend-down Program in New York State
document Family Health Plus Overview
document Keeping Medicaid after Cash Public Assistance or SSI Benefits Are Terminated
document Legal Authorities Relating to Supplemental Needs Trusts

External links
http://www.nyshealthfoundation.org/content/document/detail/1691/
http://gmhc.org/policy/benefits/adap.html
http://gmhc.org/policy/benefits/spenddown.html
http://www.health.state.ny.us/diseases/aids/resources/adap/eligibility.htm

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