Do you or a loved one need Medicaid assistance, but think that you don’t qualify? That may not be the case at all! Often, a “Miller Trust” may be the solution that opens the door to this resource. Wright Abshire will help you qualify for Medicaid and get you the assistance you need. Commonly known as income sheltering devices, these trusts enable otherwise income ineligible Medicaid applicants to qualify for Medicaid. Wright Abshire can help you with Medicaid estate planning.

The Miller Trust was established as the result of a Colorado case in which four elderly women were unable to receive Medicaid benefits because they received too much income. However, there was not enough income to pay for the average cost of nursing home care. The women's conservator seeking to right an injustice, sued the federal government and won. The case resulted in the statutory Miller Trust.

Texas, like Colorado, is an income cap state. That means that if the applicant receives more than the published "cap" income in direct income per month, then the person is income ineligible for Medicaid.

If a Miller Trust fund is used, the state Medicaid program no longer recognizes the income and thus the applicant becomes income eligible for Medicaid benefits.

The current income cap in Texas is $1,911.00 per month which changes every January. Income that exceeds the cap disqualifies an applicant. Here is an example of how a Miller Trust works. Say an individual receives $2,300.00 per month of income. The $2,300.00 can be placed into the Miller Trust and bills paid out each month as allowed by the Texas Health and Human Services Commission. Typical bills to be paid would be a $60.00 personal needs allowance to the applicant, some insurance premiums, allowance to a community spouse, if eligible, and the balance in applied income to the nursing home. The exact amounts and payments authorized are determined by HHSC.

The Miller Trust has now been codified at 42 U.S.C. 1396 and is now referred to as a Qualified Income Trust ("QIT").

For our list of all Medicaid accepting nursing homes in Houston and surrounding areas, enter your contact information on the Request Info page and we will be happy to send it to you along with a packet of information about our firm.