Skip to main content
The Iowa Legal Aid Website (ILAW)
 
HOPE. DIGNITY. JUSTICE.
 
 
  Smaller Text
 
 
  Search
   Tips on Searching

 
Find Legal Help On Nursing Home & Long Term Care
Related Resources
Transfers and Discharges from Nursing Homes
By: Legal Hotline for Older Iowans
Transfers and Discharges from Nursing Homes
By: Legal Hotline for Older Iowans
Common Legal Terms (Separate Website)
By: Iowa Judicial Branch
more...
The "Elderly Waiver" Program
by: Legal Hotline for Older Iowans

You don't have to wear ruby slippers and live in the Land of Oz to know "There's no place like home!"  As you age, everyday tasks can become more difficult and you may need assistance to  safely stay at home.  If you or a loved one are 65 or over and facing the disturbing possibility of having to move to a nursing home, you will want to look into the "Elderly Waiver" Program.

The Elderly Waiver Program is a state funded, medicaid program administered by the Department of Human Services (DHS) and local Area Agencies on Aging.  It can provide a wide range of services tailored to your special needs.  For example, services can include adult day care, assistive devices, nurses, home health aides, homemaker services, transportation, and respite services.  The amount of services you can receive will be limited based on the overall cost of the services and whether they are available in your area.  Other benefits include medicaid payment of some  medical costs and the ability to buy your prescription medications for a very low co-payment .

To get help from this program, you must be 65 or over and need the kind of services that a nursing home provides.  If you are unmarried, you must meet the general medicaid income and asset requirements.  In 2007, a single person must have income of less than $1,869 per month and assets of $2,000 or less, not including a house, household goods, a vehicle and certain burial funds. 

If you are married and only one of you needs help, the asset limits are much more complicated.  Depending on your ages and incomes, you may be able to have a great deal more in assets - $100,000 or more - and still qualify.   

If you are having a hard time living on your own and don't want to live in a nursing home, you should go to the Department of Human Services and apply for the Elderly Waiver Program.  You should also contact your local Area Agency on Aging.  A case manager at the Area Agency on Aging will develop a case plan and assess the level of care you need.  The Iowa Foundation for Medical Care will review the assessment to determine whether you meet the required level of care.  DHS will decide if you meet the other eligibility criteria.  Applications are usually processed within 30 days.

Sometimes applicants are denied Elderly Waiver services because DHS finds they are not eligible or because the Iowa Foundation for medical Care determines the level of care requirement is not met.   If this occurs, you have the right to appeal the decision. It is very important to file an appeal within a certain period of time, and with the correct party.  The rules for Elderly Waiver Program eligibility can be complex and confusing.  Please contact the Legal Hotline for Older Iowans to receive advice about your particular situation.         
   
If you have questions, contact the Legal Hotline for Older Iowans at 1-800-992-8161,  1111 Ninth St., Ste. 230, Des Moines, IA  50314. The Legal Hotline is a project of Iowa Legal Aid. 

Last Reviewed On: 12/27/07
 
 

READ THIS BEFORE USING ANY PART OF THE IOWA LEGAL AID WEBSITE (ILAW) If you cannot afford a lawyer and have a legal problem in Iowa, you may be able to get free legal help. Call Iowa Legal Aid. To find out which office serves your county, call 1-800-532-1275 or 515-243-2151 in the Des Moines calling area. If you are age 60 or over, you may be able to get free legal advice from The Legal Hotline for Older Iowans at 1-800-992-8161 or 282-8161 in Des Moines. All numbers are Voice and TTY.

This Website Does NOT Give Legal Advice. When you use ILAW, you are just making a request for information. No part of this site or any link found through this site is meant to give you legal advice. Using any part of this site does not make you a client. If you send an e-mail to anyone you reach through this site, it does not make you a client of any lawyer. See a lawyer to get complete, correct, and up-to-date legal advice.

ILAW Only Has a General Summary of the Law. It is not meant to fully explain topics. Do not assume what you read on ILAW applies to your specific case. Also, the law may vary from state to state. What you find on this website may not apply where you live or to court actions filed in other states.

The Law Often Changes. Content on this site was correct when it was written. Check the date on each page. Do not assume what you see here is still correct when you read it.

Links. This website has links to other Internet sites. We have these links so you can find help on legal matters from the justice community. Other sites are responsible for all content on their sites.

E-mail. Using ILAW or sending e-mail through this website does NOT make you a client of any person or program you reach through this site. When you use e-mail, you risk having someone else access part or all of your message.

Click here for the Iowa Legal Aid Internet Privacy Policy.

Click here for the Iowa Legal Aid Public and Client Complaint Procedures.

As You Look at this Website, Remember it is Not a Substitute for Legal Advice.

Powered by ProBono.Net

The Iowa Legal Aid Website is a project of Iowa Legal Aid, the Volunteer Lawyer Projects of the Iowa State Bar and Polk County Bar Associations, and HELP Legal Assistance

Comunity Legal Education booklets Iowa Legal Aid printed material is available to clients and the public. Click here for a publications order form.

Legal Services Corporation     Donate to Iowa Legal Aid     United Way