Page Reviewed / Updated - February 18, 2021
The Alabama Community Transition (ACT) Medicaid Waiver provides services for persons who are currently residing in a nursing home, but wish to relocate to their own home or the home of a friend or relative. ACT also serves those who are currently receiving services via an Alabama Medicaid Waiver, such as the Elderly and Disabled Medicaid Waiver or the State of Alabama Independent Living Medicaid Waiver, but whose needs are not being met. Furthermore, without services provided by ACT, the individual almost inevitably will require nursing home care.
The ACT Waiver does not have an age restriction. Therefore, it is relevant for frail seniors, disabled individuals, and those with long-term illnesses. The primary medical requirement is that one requires the level of care provided in a nursing home. There is no list of specific illnesses that qualify or eliminate an applicant. Therefore, it is likely a person with early-mid stage Alzheimer’s Disease or Parkinson’s Disease will meet the medical requirement.
Services and benefits available via ACT are intended to promote a participant’s independence in their home or the home of a loved one. To be clear, program participants cannot live in assisted living residences or adult foster care homes. Available services might include homemaker and personal care assistance, adult day health, assistive technology, home modifications, and more. There is also an option for program participants to direct their own care services, often called consumer direction or self-direction, through Alabama’s Personal Choices program. In some cases, an adult child, or even a spouse, can be hired to provide care.
The Alabama Community Transition Medicaid Waiver is a statewide program that is administered by the Alabama Department of Senior Services (ADSS).
Applicants must be residents of Alabama who are designated as disabled by the Social Security Administration OR be 65 years of age or older. All applicants must require a nursing facility level of care and currently be residing in a nursing home or another institutional setting, such as a hospital, for a minimum of 90 days. One exception, as mentioned above, is made for individuals who are receiving services via an Alabama HCBS Medicaid Waiver and are at risk of being placed in a nursing facility without ACT services.
The income limit is set at 300% of the current SSI Federal Benefit Rate (FBR). As of 2021, this figure is equivalent to $2,382 / month ($28,584 / year) for an individual. There is also an asset limit, which is $2,000 for a single applicant in 2021. However, several higher value assets are considered exempt, or said a different way, are not counted towards Medicaid’s asset limit. These include one’s primary home, as long as the program participant is living in the home, or intends to return to the home, and his / her equity interest is not valued over $603,000 (as of 2021), one vehicle, and some sentimental items, such as one’s engagement and wedding rings.
For married applicants whose spouses are not also applying for Medicaid, there are protections in place to prevent their non-applicant spouses from becoming impoverished. While the applicant spouse’s income limit is still $2,382 / month in 2021, the non-applicant spouse’s income does not count towards eligibility purposes. This means a non-applicant spouse (often called a community spouse) is able to retain all of his / her income.
However, there is a minimum monthly maintenance needs allowance (MMMNA) in place for community spouses who have little to no monthly income of their own. The MMMNA permits applicant spouses to transfer as much as $2,155 (in 2021) in monthly income to their non-applicant spouses. The idea is to bring the non-applicant spouse’s total monthly income to this level. As far as assets, applicant spouses are still able to keep up to $2,000, but there is also a community spouse resource allowance (CSRA) that enables non-applicant spouses to retain a higher amount of the couple’s joint assets. In 2021, non-applicant spouses are able to keep up to $130,380 in countable assets.
Alternatives for Persons Who Do Not Meet the Eligibility Requirements
There are options for applicants who are over the income / asset limit(s). As Medicaid eligibility can be very complicated, it is highly suggested individuals who are over the limit(s) consult a Professional Medicaid Planner. They are trained to assist applicants who find themselves in this very situation and are well versed in reallocating income and assets so that they do not count towards the limit(s). For instance, extra income can be deposited into a Miller Trust, also referred to as a Qualified Income Trust, and an Irrevocable Funeral Trust can be used to lower one’s countable assets.
In addition to case management and transitional services (limited to $3,500), a variety of supportive benefits and services are available via ACT. As mentioned above, consumer direction of some services, such as personal care assistance, homemaker assistance, companionship care, and unskilled respite care, is an option.
To learn more about the Alabama Community Transition Medicaid Waiver, click here. One can also contact the Alabama Department of Senior Services at 1-800-243-5463 (1-800-AGE-LINE) for additional information or to apply.