How to Get Medicaid to Pay for Home Your Care: The Minnesota Elderly Waiver Program

If you’re caring for an aging parent in Minnesota and worried about the cost of in-home help, the Minnesota Elderly Waiver Program may be the answer.

One of families’ biggest fears is that needing long-term care means leaving home. The Minnesota Elderly Waiver Program is a Medicaid-funded benefit that may help cover the cost of home-based care while allowing you to keep more of your assets than you might expect. Understanding how this program works could help your family understand options you may not have realized were available. 

What Is the Minnesota Elderly Waiver Program?

One of the questions we hear most often is, “Can Medicaid help my parent stay at home?” In many cases, the answer is yes. The Elderly Waiver Program is designed for seniors who require a nursing-home level of care but prefer to receive that care at home or in another community setting instead. 

Rather than paying for a nursing facility, Medicaid “waives” its usual requirement that care be delivered in an institution. This allows the state to fund home-based services directly.

Who administers it?

The program is administered by the Minnesota Department of Human Services (DHS) and is available to eligible residents statewide.

What services may be covered?

Depending on your care plan, the Elderly Waiver Program could cover:

• Personal care assistance (bathing, dressing, mobility)
• Home health aide visits
• Adult day services
• Homemaker and chore services
• Caregiver training and support
• Assisted living services in some settings
• Nursing supervision and case management

The specific services covered will depend on your individual care needs assessment.

Who Qualifies for the Elderly Waiver Program in Minnesota?

To be eligible for the Elderly Waiver Program, applicants generally must meet all of the following requirements:

Basic Eligibility Criteria

• Age: 65 or older
• Residency: Must be a Minnesota resident
• Citizenship: U.S. citizen or qualified immigrant
• Level of care: Must require a nursing-home level of care, as determined by a MnCHOICES assessment
• Living situation: Must be living at home, with family, or in a qualifying community setting (not in a nursing facility)

Financial Eligibility

This is often the part that causes the most anxiety for families. Many people assume they must spend down everything they own before Medicaid can help. In reality, the rules are more nuanced, and there may be legal planning strategies that allow families to preserve significant assets while still qualifying for benefits. Medicaid has income and asset limits, and the rules are very complex.

As of 2026:

• Income: Applicants must have income at or below the program threshold.  Income above the limit may still qualify in some cases through a process called a “spenddown.”
• Assets: Countable assets must fall within Medicaid limits. In Minnesota, a single person has to spend down to $3,000 and a married couple must spend down to $165,660. However, certain assets, including your home in many cases, may not count against you.

The key point: qualifying does not necessarily mean spending down everything you have worked for. With proper legal planning, many families may be able to protect significant assets while still qualifying for Elderly Waiver benefits.

How Asset Protection Planning Works With the Elderly Waiver Program

Medicaid uses a 5-year lookback period, which means asset transfers made within five years of applying could make you temporarily ineligible for benefits. This is where many families make costly mistakes by waiting too long.

What this means for your family

• Giving money or property to children shortly before applying could trigger a penalty period
• Not all transfers are penalized. Some legal strategies may still protect assets
• The sooner you plan, the more options your family may have

Tools that may help protect assets

Minnesota law allows certain legal tools that could help families preserve wealth while still qualifying for Medicaid home care, including:

• Irrevocable trusts specifically structured for Medicaid planning
• Spousal asset protection strategies for married couples
• Annuities structured to comply with Medicaid rules
• Proper titling of assets and real estate

Our team has worked extensively with Minnesota Medicaid planning, including the evolving rules surrounding irrevocable trusts. Attorney Michael Teeter contributed to the legal brief in a 2021 Minnesota Court of Appeals case that helped clarify how irrevocable trusts are treated for Medicaid planning purposes in Minnesota. That experience helps us evaluate which strategies may be appropriate for each family’s situation. Families navigating the Elderly Waiver Program can benefit significantly from working with an attorney who understands both the legal and financial sides of Medicaid planning. Our team here at Safe Harbor Estate Law has helped Minnesota families protect their homes, retirement accounts, and savings while connecting them with the care benefits they need.

Relevant Minnesota Law

The Elderly Waiver Program operates under Minnesota’s Medicaid statutes. Key legal references include:

• Minnesota Statutes Section 256B.0915 — governs the Elderly Waiver Program and home and community-based services for elderly individuals
• Minnesota Statutes Section 256B.056 — sets Medicaid eligibility standards, including asset and income limits
• Federal Medicaid rules under 42 U.S.C. Section 1396p — govern transfer penalties and the 5-year lookback period

Understanding how state and federal law interact is one reason this area of planning requires an attorney with specific elder law experience, not just a general practitioner.

Frequently Asked Questions

What does the Minnesota Elderly Waiver Program cover? 

The program may cover a range of home and community-based services, including personal care assistance, home health aide visits, adult day services, homemaker support, and case management. See the full services list above for details.

How do I qualify for the Elderly Waiver Program in Minnesota? 

You must be 65 or older, a Minnesota resident, and require a nursing-home level of care as determined through a MnCHOICES assessment. You also must meet Medicaid’s financial eligibility requirements. See the full eligibility criteria above for details.

Can I keep my assets and still qualify for Medicaid home care in Minnesota? 

In some cases, yes. Certain assets may not be counted against you, and legal planning strategies such as irrevocable trusts or spousal protection plans may allow families to preserve significant wealth while still qualifying. See the asset protection section above for tools that may help, and speak with an elder law attorney about your specific situation.

Do I need an attorney to apply for the Elderly Waiver Program in Minnesota? 

You are not legally required to have an attorney to apply. However, the financial eligibility rules are complex, and mistakes in the application process or in asset transfers can result in periods of ineligibility. An experienced elder law attorney can help ensure your application is accurate, your assets are protected to the greatest extent possible, and your family avoids costly errors.

What is a MnCHOICES assessment and how does it affect my eligibility?

A MnCHOICES assessment is a comprehensive evaluation conducted by your county to determine whether you require a nursing-home level of care. It looks at your functional needs, health conditions, and living situation. You must complete this assessment to be considered for the Elderly Waiver Program, it is not optional. The outcome of the assessment directly affects which services you may receive and whether you qualify at all.

What happens if I already transferred assets to my children before learning about the 5-year lookback?

It depends on when those transfers occurred and how they were structured. Transfers made within the five years before applying may trigger a penalty period that delays your eligibility. However, not every transfer results in a penalty, and there may be legal strategies available depending on your specific situation. Speaking with an elder law attorney as soon as possible gives your family the best chance of minimizing any impact.

Protecting What You Have Built, Without Giving Up Care

The Minnesota Elderly Waiver Program exists to give families real options. You do not have to choose between getting care and losing everything you have worked for.

Long-term care planning can feel overwhelming, especially when you’re trying to make the best decisions for someone you love. The good news is that many families have more options than they realize. Whether you’re planning ahead or responding to an immediate care need, our team is here to help you understand your choices and build a plan that protects both your loved one and the assets you’ve worked hard to build. 

This blog post is for informational purposes only and does not constitute legal advice. Laws and program limits change regularly. Please consult a qualified Minnesota estate planning attorney for guidance specific to your situation.