Life Insurance and Medicaid Eligibility

In order to qualify for Medicaid coverage of yourchildren purchase the policy from you and keep it in
nursing home stay, your assets cannot exceed $2,000effect (by paying the annual premiums). You see, it's
if you are single, or $101,540 if you are married.not who is insured or who is the beneficiary that
However, not all of your assets are "countable" formatters---it's who is the owner of the policy. The
these purposes. The biggest exemptions are yourreasoning for this Medicaid rule is that the owner could
home, your car, and your personal property.simply cash in the policy at any time, and thus it is
Another exemption is life insurance owned by you.counted the same as if you already did so. But if your
The rule states that only the "cash surrender value" ofchild is the owner, you have no ability to cash in or
a life insurance policy is countable, but only if the totalcancel the policy, so it would no longer count against
face value of all life insurance policies on your lifeyou.
exceeds $1,500. ("Cash surrender value" is the amountAnother option is to assign the policy to a child, as a
the life insurance company will send you if yougift. This will cause a penalty period so in many cases
canceled the policy. It's also known as the "cash value."this is not the best solution. However, as part of an
The "face value" is what the company would pay outoverall plan that includes other gifting, it could make
to your beneficiaries if you died, assuming the policysense.
was still in effect.)Recently, some companies have advertised single pay,
So if you have a $1,000 policy with cash value ofnon-cancelable, no cash value "life insurance." The idea
$800, you can keep it and it will not count towardsbehind these policies is that if there is no cash value,
your $2,000/$101,540 limit.the policy cannot count against you. They are set up
What if you have a term policy with a face value ofwith minimal underwriting (i.e., virtually everyone is
$100,000? It's completely exempt since a term policyguaranteed to qualify to buy one), and the beneficiaries
by definition has no cash value. Of course, you (orare usually the children.
another family member) have to pay the premiumThe problem is that if you purchase an asset over
each year to keep it in force.which you have no control---you cannot cancel it,
What should you do with existing policies? If you havecannot get your money back, cannot even change the
an existing policy and your health is not good, you mayterms or the beneficiaries---the Medicaid agency may
decide to keep the policy rather than cancel it. After all,well deem this to be a gift. If that's the case, you have
you may be uninsurable, and if you keep the policy innot accomplished what you thought you had, i.e.,
force, your family members could benefit from theconverting cash to a non-countable form, so that you
proceeds upon your death.did not have to make a gift of the cash. Accordingly, I
Assuming the total face values exceed $1,500 andadvise my clients to stay away from this type of
your countable assets put you over the limit to qualifyproduct unless and until it has been proven to be
for Medicaid, it could be a good idea to have youreffective as advertised.