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Prepared by ElderLaw Services of South Carolina, P.A. (As of October 1st,
1998)

To qualify for Medicaid assistance in paying for nursing home care in South Carolina, an applicant must meet both medical and financial requirements.
And after meeting basic eligibility criteria, the applicant must pass both resource and income tests. If asset transfers have resulted in penalties, those penalties must have expired. Only then will the applicant be eligible for Medicaid assistance in paying the cost of his or her nursing home care.
BASIC ELIGIBILITY CRITERIA
An applicant must...
* be 65 or older, blind, or disabled.
* be a U.S. Citizen or a permanent legal resident living in South Carolina and intending to remain in South Carolina.
* have a Social Security number.
* be certified by Community Long Term Care to need an intermediate or a skilled level of care based upon medical needs and physical condition.
* must reside in a Medicaid certified nursing home for at least 30 continuous days.
RESOURCE AND INCOME LIMITS

After meeting the basic eligibility criteria, the applicant must then pass both resource and income limit tests.

"Resources" are assets to which an individual has legal access and which could be used to pay or his/her care. Resources can include such items as cash, investments (stocks, bonds, mutual funds, etc.) and bank accounts, as well as other types of property that could be sold. But there are some resources that are not counted toward the resource limit and do not affect the applicant's eligibility. Resources that are "excluded" like this may include the following:

Burial contracts with a funeral home for the applicant and spouse; burial plots; and life insurance policies with less than $1,500 cash surrender value.

The principal residence and adjoining land and buildings if (i) the applicant states in writing that he or she intends to return to the principal residence; (ii) the spouse or a dependent relative resides there; or (iii) sale of the residence would cause undue hardship to a co-owner.

Household goods.

Certain types of income producing property subject to limits.

Life estate interests -- that is a right to use property for the rest of your life without the right to leave it to your heirs at death.

Certain Promissory Notes, Mortgages, and Security Agreements under certain conditions.

Non-marketable assets while the applicant is making efforts to sell them.

Personal effects such as clothing and jewelry.

Retirement funds that cannot be converted to cash.

One automobile, regardless of value, and potentially other vehicles depending upon their use.