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By the RLF Education Team, Retirement Literacy Foundation, a 501(c)(3) public charity. RLF sells nothing and accepts no funding from financial companies. Education, not a product recommendation.
Published · Sources checked October 14, 2026
Key finding

For gifts and other transfers for less than fair market value made on or after February 8, 2006, the look-back period is 60 months before the date you are both in a nursing home and have applied for Medicaid (42 U.S.C. 1396p(c)(1)(B), checked October 14, 2026).

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What the look-back period is

When someone applies for Medicaid to pay for nursing home care, the state reviews every transfer made during the look-back period. For transfers made on or after February 8, 2006, that period is 60 months. It is counted back from the first date the person is both in a nursing home (or a similar level of care) and has applied for Medicaid (42 U.S.C. 1396p, checked October 14, 2026). The Deficit Reduction Act of 2005 set the 60 months; before it, the period was generally 36 months (same source).

The rule applies to nursing facility care and to home and community-based services provided under a Medicaid waiver. A state may also apply it to some other long-term care services (same source).

The look-back is not a ban on giving. It is a waiting period, and someone has to pay for care during it.

What counts as a transfer

The test is whether you gave up an asset "for less than fair market value" (42 U.S.C. 1396p, checked October 14, 2026). Common examples:

The federal gift tax exclusion is a different rule. In 2026 you can give $19,000 to any person without it counting as a taxable gift (IRS, Rev. Proc. 2025-32, October 2025), but Medicaid has no matching allowance. A gift that is fine for the IRS can still cause a Medicaid penalty.

How the penalty is figured

The penalty is a number of months. The state adds up the uncompensated value of everything transferred during the look-back period and divides it by the average monthly cost to a private patient of nursing facility care in the state, at the time of application (42 U.S.C. 1396p(c)(1)(E), checked October 14, 2026). States set that divisor and update it, so ask your state Medicaid office for the current figure. A state may instead use the cost in the community where the person lives in a facility (same source).

Three details surprise families:

Transfers the law exempts

Federal law lists transfers that do not cause a penalty (42 U.S.C. 1396p(c)(2), checked October 14, 2026):

Each exemption has proof requirements that states apply in their own way.

Promissory notes and installment notes

Families sometimes sell a house or lend money to a relative in exchange for a note. Under federal law, money used to buy a promissory note, loan or mortgage counts as a transfer unless the note meets all three tests: its repayment term is actuarially sound under Social Security Office of the Chief Actuary tables; it pays in equal amounts with no deferral and no balloon payment; and it does not allow the balance to be canceled when the lender dies. A note that fails is valued at its outstanding balance on the date of the Medicaid application (42 U.S.C. 1396p(c)(1)(I), checked October 14, 2026).

A note that passes these tests is not a gift, but its payments and value may still be counted under your state's income and resource rules. An elder law attorney can review the terms before anything is signed. For the tax side of selling a home on payments, see Form 6252 and installment sales.

When planning ahead can make sense

The look-back rewards early, documented decisions. A gift made more than 60 months before an application is outside the window. Paying fair value for things you need, such as home repairs, a care manager or a written care agreement with a family member at a reasonable rate, is not a gift if it is documented.

None of this is a do-it-yourself project once care is near. Your local Area Agency on Aging can point you to free counseling and legal aid through the Eldercare Locator (1-800-677-1116), and an elder law attorney licensed in your state can tell you how your state applies each rule. If a loved one is being pressured to hand over money or property, see elder financial abuse.

A plain example: a $100,000 gift three years before applying

Hypothetical: a widow gives her two children $50,000 each, 36 months before she enters a nursing home and applies for Medicaid. The penalty is the gift divided by the state's monthly divisor. The divisors below are hypothetical; your state sets its own.

Hypothetical state divisor (per month)Penalty monthsCare she must pay for privately at that divisor
$8,00012.5$100,000
$10,00010.0$100,000
$12,0008.33$100,000

Arithmetic: $100,000 / $8,000 = 12.5 months; $100,000 / $10,000 = 10 months; $100,000 / $12,000 = 8.33 months. Partial months count. The penalty starts only when she has spent down and would otherwise qualify, so the family must cover those months from somewhere. If her actual nursing home costs more than the divisor, the gap is larger. For comparison, the national median for a semi-private nursing home room was $9,581 a month (CareScout Cost of Care Survey 2025, data tables dated March 2, 2026). See how much long-term care costs in your state.

Made 61 months before the application, the same gift would cause no penalty.

Red flags

Questions to ask before you sign

  1. What is my state's current monthly penalty divisor, and when was it last updated?
  2. Which of my past gifts, loans or account changes fall inside the 60-month window?
  3. Does my state treat many small gifts as one transfer?
  4. Would a transfer of the home to my spouse, a disabled child or a caregiver child qualify as exempt, and what proof is needed?
  5. If I pay a family member for care, what written agreement and pay rate does my state accept?
  6. Does this promissory note or annuity meet each federal test, and how will my state count its payments?
  7. If I make a gift now, when would a penalty start and who would pay for care during it?
  8. Can a gift be returned to cancel the penalty in my state, and how?
  9. How does my state handle undue hardship requests?
  10. What are the income tax consequences for my children if they receive the house now instead of at my death?
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Long-Term Care and Your Home: Read This Before You Sign

A one-page checklist: what Medicare will and will not pay, the Medicaid look-back and estate recovery basics, the questions to ask before you buy long-term care coverage or take a reverse mortgage, and the tax rules if the house is sold. Look-back basics on one page: what counts as a gift, how penalties start, and what to ask before moving money. We’ll email it to you.

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Sources

  1. Cornell Law School LII: 42 U.S. Code 1396p, Liens, adjustments and recoveries, and transfers of assets (checked October 14, 2026)
  2. IRS: Revenue Procedure 2025-32, 2026 inflation adjustments, gift tax annual exclusion (October 2025)
  3. CareScout: Cost of Care Survey 2025 (data tables dated March 2, 2026)
  4. Administration for Community Living: Eldercare Locator (checked October 14, 2026)

The Retirement Literacy Foundation is a 501(c)(3) public charity. This page is general education, not tax, legal or investment advice. Nothing is sold here, no product is recommended, and RLF accepts no funding from financial companies. Rules and figures change; each one above shows its source and date. Check anything you plan to act on with your state insurance department or a qualified professional who is not paid on the product.