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The Medicaid spend-down is one of the most financially significant events many New Mexico families face, and one of the least understood until it arrives. For families who have spent decades building savings, the requirement to deplete those savings before qualifying for government benefits feels wrong. Understanding how the spend-down works, and what the alternatives are, is the starting point for any long-term care planning conversation.

How the spend-down works

When a New Mexico resident applies for long-term care Medicaid through the Centennial Care program, the state evaluates their countable assets. Countable assets include most financial accounts, investments, second vehicles, second properties, and other resources that Medicaid considers available to pay for care. If the total countable assets exceed the applicable eligibility limit, the applicant does not qualify for Medicaid until the excess is spent down.

Spending down means using the excess assets to pay for qualifying expenses, primarily the cost of care itself. For someone in a nursing facility, the monthly bill can run to several thousand dollars per month. At that rate, a significant asset base can be depleted relatively quickly. Once the countable assets fall below the eligibility threshold, Medicaid coverage begins.

What does not count toward the spend-down

Not all assets are countable. Exempt assets are not included in the spend-down calculation. The primary residence is generally exempt while the applicant or their spouse lives there. One vehicle is typically exempt. Personal belongings, household goods, and certain other assets are also generally exempt.

Converting countable assets into exempt ones is a legitimate spend-down strategy. Paying off a mortgage reduces countable cash while increasing equity in an exempt home. Making needed home repairs or modifications, purchasing a vehicle to replace an older one, or buying other exempt assets can each reduce the countable total without triggering a Medicaid look-back penalty.

The problem with unplanned spend-down

An unplanned spend-down is the most expensive version of this process. Families who discover the spend-down requirement only after a parent has entered a nursing facility typically have limited options. They must pay for care directly until the assets are sufficiently depleted, and they may have missed the window for planning strategies that could have preserved more of the estate.

Medicaid planning done in advance, specifically more than five years before applying, can significantly reduce what needs to be spent down by implementing strategies that move assets outside the countable asset calculation legitimately. An irrevocable trust funded more than five years before application, for example, can remove assets from the countable total entirely. Annual gifting programs started early enough can transfer assets to family members without triggering look-back penalties.

For married couples

The spend-down rules for married couples are more protective than for single individuals. New Mexico follows the federal community spouse resource allowance framework, which allows the at-home spouse to keep a specified amount of the couple's countable assets without those assets counting against the institutionalized spouse's eligibility. This protection means that married couples do not necessarily have to spend down to a single individual's asset limit, which would leave the at-home spouse with almost nothing.

The specific figures for the community spouse resource allowance are adjusted annually and should be confirmed with a Medicaid planning attorney for the current amounts.

 

Anthony Spratley
Experienced Divorce, Child Custody, and Guardianship Lawyer Serving Albuquerque and Beyond