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Congress is considering another way to rob you or your spouse.

Today, if you have too much in assets for Medicaid nursing home care but your spouse has less than the legally permitted monthly income, you can convert some of your assets to a Medicaid-qualified annuity which will give her “enough” to live on.

Under the proposed bill, she would only get half the income from the annuity. The other half would count as yours. In Texas, if this plus your Social Security, pension or other income exceeded $2,205/month, you would then have “too much” income for Medicaid nursing home care. With the help of an elder law attorney, you could create a Qualified Income Trust (sometimes called a Miller Trust) to receive this income. The Qualified Income Trust would first pay your $60/month allowance, then pay the medical expenses not covered by Medicaid, and then pay the nursing home. Texas Medicaid would pick up the rest.

You would receive nursing home care.

But what would happen to your spouse?

For many people not being able to count 100% of a Medicaid compliant annuity as the spouse’s income would leave the spouse who remains at home with less than even the government says a person needs to live on.

The Senate, like the House, may not be holding hearings.

But you can still call, email and send letters to the people you elected.

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