Do I Have to Wait 60 Months to Qualify for Medicaid?

One of the most frequent questions that I get as an elder law attorney when someone’s trying to apply for Medicaid to get in a nursing home, is, “Do I have to wait 60 months to Qualify for Medicaid?” And the answer is, “No.”

The Medicaid Look Back Period is Different from the Medicaid Penalty Period

60 months is simply the look-back period, or the amount of time that Medicaid looks back to see if you’ve given any assets away or if you have sold assets for less than fair market value. So, when you file the application, you have to meet the financial requirements which I’ll address in another video. But once you meet those financial requirements then Medicaid is also going to look back 60 months to see if you’ve given away any assets during that time.

If you have given away assets during the past 60 months, then they’re going to penalize you based on the amount of money that was given away.  The penalty period is determined by the amount of money you gave away divided by a divisor that is put out by Medicaid. The Medicaid look back period of 60 months is the same for everyone.  The penalty period is different for everyone.  However, there is no Medicaid 60 month rule that says you have to wait 60 months to apply for Medicaid.  Most of our clients don not wait 60 months. We even have clients who are already in a nursing home and we can help them protect some of their assets.

if you have any other questions, watch the other videos or give us a call 256 472-2172.  I look forward to meeting you.