Medicaid’s 5-year look-back

Recent gifts can delay coverage.

The short version
5 years
looked at
Every gift before you apply
Gifts
even small ones
The IRS $19,000 limit doesn’t apply
$162,660
a spouse keeps
The most any state allows in 2026

The penalty starts late. It begins once you’re in care and out of money, not when you gave the gift.

Jump to a section
  1. What Medicaid looks for
  2. How the penalty is figured
  3. Transfers that don’t count
  4. Your home
  5. If you’re married
  6. Your pension, TSP and Social Security
  7. Planning ahead
  8. Frequently asked questions

1. What Medicaid looks for

Medicare doesn’t pay for a long nursing home stay. Medicaid does, but only after you’ve spent most of your savings. To stop people from giving money away to qualify, Medicaid reviews your bank and investment records for the 60 months before you apply.

Anything given away or sold for less than it’s worth in that window can trigger a penalty. That includes:

Paying your own bills, buying things for yourself and paying fair prices for services are not gifts.

2. How the penalty is figured

The penalty is a stretch of months when Medicaid won’t pay for your care. Federal law sets the math:

Penalty months = total gifts in the look-back ÷ your state’s average monthly private-pay nursing home cost

Each state publishes that monthly figure, often called the penalty divisor. States can’t round the result down.

Try it

How long would a gift delay coverage?

$10,000 is only an example. Ask your state Medicaid office for its current divisor.

Your penalty
Money given away
Care you’d pay for
The timing trap

The penalty starts on the later of the month of the gift or the day you’d otherwise qualify: already needing nursing home care and already spent down. So it lands when you have the least money left. Often the only way to cover those months is for family to give the money back.

3. Transfers that don’t count

Federal law exempts some transfers completely:

If a penalty would leave you without food, shelter or care, you can ask your state for an undue hardship waiver.

4. Your home

Your home usually isn’t counted while you, your spouse or a dependent relative lives there. Giving it away is another matter. It can go to these people without a penalty:

Two more rules to know:

Thinking of selling instead? See downsizing your home in retirement.

5. If you’re married

Medicaid doesn’t make the spouse at home go broke. The couple’s savings are added together, and the spouse at home keeps a share set by the state:

2026 figureAmount
Savings the spouse at home keeps (state sets it in this range)$32,532 to $162,660
Most monthly income the spouse at home can be allowed$4,066.50

The spouse at home keeps their own income. If it’s below the state’s minimum, part of the other spouse’s pension can be shifted to make up the difference. The home, one car and household goods are usually not counted.

This is where a survivor annuity choice matters years later: if the spouse in care dies, a survivor benefit is often what keeps the spouse at home afloat. See caregiving for a spouse.

6. Your pension, TSP and Social Security

7. Planning ahead

Have your documents ready too: see estate planning basics.

8. Frequently asked questions

How long is the Medicaid look-back period?

Five years (60 months) before the date you apply for Medicaid long-term care coverage. Any gift or below-value sale in that window can trigger a penalty.

Do gifts under the IRS $19,000 limit count for Medicaid?

Yes. The IRS gift exclusion is a tax rule and has nothing to do with Medicaid. Birthday checks, help with a grandchild’s tuition and similar gifts can all count.

When does the Medicaid penalty period start?

On the later of the month of the gift or the date you would otherwise qualify: already needing nursing home care and already spent down. That is why the penalty usually lands when you have the least money left.

Can I give my house to my children?

Only certain transfers are exempt: to a spouse, to a child under 21 or a blind or disabled child, to a sibling with an ownership share who lived there a year, or to a son or daughter who lived there two years and provided care that kept you at home. Other transfers of the home count as gifts.

Does my federal pension count for Medicaid?

Yes, as income. Most of a nursing home resident’s income, including a FERS, CSRS or military pension and Social Security, goes toward the cost of care, after a small personal needs allowance and allowed deductions such as health insurance premiums.

Sources
  1. 42 U.S.C. 1396p, transfers of assets, home equity and estate recovery
  2. CMS, 2026 spousal impoverishment and home equity standards
  3. 42 U.S.C. 1396a(q), personal needs allowance
  4. 38 CFR 3.276, VA pension asset transfers and look-back

This is general information, not legal advice. Medicaid rules vary by state; check with your state Medicaid office or an elder law attorney before moving assets.