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Richard M. Barron

attorney at law


Helping your loved one

Get the nursing home care they deserve,

 while legally protecting your Family's assets.


Medicaid Planning

     Our goal is to help you protect your assets from the cost of nursing home or other other long-term care, and to assure security for your spouse and a legacy for your children.

We can guide you through the Medicaid Application maze and save you time and money.

Eligibility Requirements

There are primarily four hurdles to get over in order to achieve Medicaid eligibility.

Categorical Requirements - A Person must be at least 65 years of age,

 blind, or disabled, and be a U.S. citizen or a resident alien.

Medical Necessity- The applicant must meet the medical eligibility

requirements for Medicaid.  This evaluation is completed by the applicant's  doctor on a TDHS

 provided form known as the 3652 or level of care form.

Income Eligibility- The applicant may not receive direct income of  more than

 $1,869.00.  If the amount exceeds the cap, a Miller Trust can  usually solve the problem.

Asset Eligibility- The baseline amount for eligibility is $2,000.00 subject to many

 exceptions as indicated in this website.  A person should not think that if the amount of assets

 greatly exceeds the $2,000.00 baseline amount that nothing can be done.  There is usually an

 array of techniques available for legally preserving assets without losing at all.  The base

amount for both spouses entering a nursing home and applying for Medicaid is  $3,000.00, also

 subject to many exceptions.


We will be glad to evaluate your situation.


Miller Trusts or QIT's- Commonly known as income sheltering devices, these trusts enable otherwise income

 ineligible Medicaid applicants to qualify for Medicaid.

The Miller Trust was established as the result of a Colorado case in which four elderly women were unable to

 receive Medicaid benefits because they received too much income.  However, there was not enough income to

 pay for the average cost of nursing home care.  The women's conservator seeking to right an injustice, sued the

 federal government and won.  The case resulted in the statutory Miller Trust.

Texas like Colorado is an income cap state.  That means that if the applicant receives more than the published

 "cap" income in direct income per month then the person is income ineligible for Medicaid.

If a Miller Trust is used, the state Medicaid program no longer recognizes the income and thus the applicant

 becomes income eligible for Medicaid benefits.

The current income cap in Texas is $1,869.00 per month which changes every January.  Income that exceeds

 the cap disqualifies an applicant.  Here is an example of how a Miller Trust works.  Say and individual receives

 $2,000.00 per month of income.  The $2,000.00 can be placed into the Miller Trust and bills paid out each

 month as allowed by the Texas Department of Human Services.  Typical bills paid would be a $60.00 personal

 needs allowance to the applicant, some insurance premiums, allowance to a community spouse, if eligible, and

 the balance in applied income to the nursing home.  The exact amounts and payments authorized are

 determined by TDHS.

Miller Trusts are also refereed to as Qualified Income Trust


Spousal Impoverishment- A Typical spousal impoverishment case is one in which one spouse is headed for the

 nursing home and the other will remain in the community.  The community spouse is entitled to a certain level

 of asset protection which at the minimum is $20,328.00 and the maximum is $101,640.00 for the year 2007.

The amount the community spouse is allowed to keep is known as the Protected Resource Amount ("PRA").

  However, what many individuals who go through the Medicaid process do not discover is that there are federal

regulations that can be utilized to preserve in many, if not most, cases a significant amount of assets for the

 community spouse which far exceeds the published maximum stated above.

Spending Down- "Spending down"  is a phrase that is used to describe the process of spending one's assets in

 order to become eligible for Medicaid by bringing the countable resources below the $2,000.00 limit of assets allowed.

Spending down should only be done in an informed manner.  Otherwise, money that may have been  ultimately

 preserved in cash or property may end up being needlessly spent on goods or services that may have

 otherwise been preserved.


Click Here for Planning Documents

Click Here for Reasons to go forward with our help

Click Here for Common Mistakes in Texas Medicaid

Click Here for Documents you will need to  proceed

Click here to request more information

Legal Disclaimer

This information has been provided for informational purposes only.  It does not constitute legal advice. 

The receipt of this information does not establish an attorney-client privilege.

Proper legal advice can only be given upon consideration of all the relevant facts and the law. 

Therefore, you should not act upon any information contained herein without seeking

appropriate legal counsel.

Richard M. Barron

Attorney at Law

209 E. Main Street

Whitesboro, Texas 76273

903-564-3663, 800-939-9093

Fax - 903-564-5562

e-mail - [email protected]