Prevent Spousal Impoverishment

While the requisites for obtaining Medicaid benefits are stringent, the federal government and Texas Health and Human Resources have established guidelines designed to protecting the spouse remaining at home.  First, there is a minimum monthly needs allowance for the spouse at home, which is usually adjusted annually to reflect inflation.  The 2019 allowance is set at $3160.50 per month.  If the spouse at home receives income under this amount, then income payable to the spouse entering care will be diverted to the spouse at home.  Second, spouses at home are allowed a spousal protected resource amount (“SPRA”).  This is an amount of property that a community spouse is allowed to retain above the $2,000 countable resource limit applicable to the applicant.  The amount varies based on the resources calculated on the date the applicant entered care.  The 2019 maximum is $126,420.00; however, there are circumstances in which the SPRA can be expanded over the maximum amount.

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