Medicaid look-back period
Not a waiting period before someone can apply for Medicaid, and not a deadline that automatically bars coverage after five years. Instead, it is the period of time Medicaid reviews to see whether an applicant gave away assets or sold them for less than fair market value in order to qualify for benefits.
For long-term care Medicaid, federal law generally sets that review window at 60 months before the application date. The main exception is California, which changed its rules in 2024 and no longer uses the traditional 60-month asset transfer look-back for many Medicaid long-term care applications. In most states, if Medicaid finds an improper transfer during the look-back period, it can impose a penalty period during which it will not pay for nursing home care, even if the person is otherwise eligible. That penalty usually does not start when the gift was made - a detail that catches families off guard.
Practically, this rule affects estate planning, caregiving arrangements, and injury-related recoveries. A large gift to family, adding someone's name to a deed, or settling a personal injury claim and then transferring the money can all trigger scrutiny. Good records matter. Payments made under a written caregiver agreement, or transfers for fair value, may be treated differently from gifts. Because Medicaid eligibility often turns on documentation, timing, and state-specific rules, one casual transfer can become an expensive problem.
The information above is educational and does not create an attorney-client relationship. Legal outcomes depend on specific facts. Get a professional opinion about your situation.
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