Revising Home Equity Limit for Determining Eligibility for Long-Term Care Services under the Medicaid Program
Section 71108 · Sec. 71108 ·
What this chapter is about
This part lets a state raise the home equity limit for long term care. Farm homes keep one rule and other homes get another. No figure may top $1 million. The change starts on January 1, 2028.
“A State may elect, without regard to the requirements of section 1902(a)(1) (relating to statewideness) and section 1902(a)(10)(B) (relating to comparability), to apply subparagraph (A), in the case of an individual's home that is not described in clause (i), by substituting for the amount specified in such subparagraph, an amount that exceeds such amount, but does not exceed $1,000,000.”
The section amends section 1917(f)(1) of the Social Security Act (42 U.S.C. 1396p(f)(1)) so that the existing higher limit election applies to a home on a lot zoned for agricultural use, and adds a new clause letting a State elect a higher figure for any other home up to $1,000,000, without regard to the statewideness and comparability rules.
What the document actually says
“A State may elect, without regard to the requirements of section 1902(a)(1) (relating to statewideness) and section 1902(a)(10)(B) (relating to comparability), to apply subparagraph (A), in the case of an individual's home that is not described in clause (i), by substituting for the amount specified in such subparagraph, an amount that exceeds such amount, but does not exceed $1,000,000.”
That sentence, in plain words
A state may raise the limit for a home. That home must not be the farm kind. The new figure may not top $1 million.
What this is about
Two usual rules are set aside for this. One requires the same rule across the state. The other requires like treatment.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall”Who acts: Secretary of Health and Human ServicesHow: statuteSec. 71108 in the PDF
What the document says
“In the case that application of the preceding sentence would result in a dollar amount (other than the amount specified in subparagraph (B)(i) (relating to certain agricultural homes)) exceeding $1,000,000, such amount shall be deemed to be equal to $1,000,000.”
The section adds a sentence to section 1917(f)(1)(C) of the Social Security Act capping at $1,000,000 any figure that the inflation adjustment would push above that, other than the figure for agricultural homes, and carves the non-farm election out of the adjustment.
What the document actually says
“In the case that application of the preceding sentence would result in a dollar amount (other than the amount specified in subparagraph (B)(i) (relating to certain agricultural homes)) exceeding $1,000,000, such amount shall be deemed to be equal to $1,000,000.”
That sentence, in plain words
If the sum would go above $1 million, it is treated as $1 million. Farm homes are left out of that cap.
What this is about
The sum grows with prices each year. This stops it passing the ceiling. The ceiling is fixed in the law.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “may not be construed”Who acts: State agenciesHow: statuteSec. 71108 in the PDF
What the document says
“This paragraph shall not be construed as permitting a State to determine the eligibility of an individual for medical assistance with respect to nursing facility services or other long-term care services without application of the limit under section 1917(f)(1).”
The section adds a new subparagraph (C) to section 1902(r)(2) of the Social Security Act making clear that the paragraph does not let a State decide eligibility for nursing facility or other long-term care services without applying the home equity limit, and adds a matching subclause to section 1902(e)(14)(D)(iv). The changes to the limit apply from January 1, 2028.
What the document actually says
“This paragraph shall not be construed as permitting a State to determine the eligibility of an individual for medical assistance with respect to nursing facility services or other long-term care services without application of the limit under section 1917(f)(1).”
That sentence, in plain words
A state may not skip the home equity limit. That holds when it decides who gets long term care.
What this is about
One older rule might have seemed to allow it. This says it does not. The changes start on January 1, 2028.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
Each distinct thing the section does: split the home equity election between farm and non-farm homes, cap the non-farm figure at $1,000,000, cap the inflation adjusted figure at $1,000,000, clarify that the limit still applies when eligibility is decided, and fix the effective date.
The lettering edits that make room for the new clauses.
The section works by amending sections 1902 and 1917(f) of the Social Security Act, which are not indexed here, so what the home equity limit does cannot be checked against anything on this site.
