Maine uses the life expectancy tables published by the Office of the Actuary of the Social Security Administration, here.

Medicaid referred to as MaineCare.

ANNUITY RULES

According to the Maine Department of Health and Human Services Medicaid Manual, section 2.3 entitled Annuities:

1. An annuity purchased by or on behalf of an annuitant who has applied for Medicaid with respect to long term care services or residential care will be treated as a transfer of assets unless:

a. The annuity is an Individual Retirement Annuity (26 U.S.C. § 408 (b, q); or
b. The annuity is purchased with proceeds from:

i. An individual retirement account or a simple retirement account (26 U.S.C. § 408(a), (c), or (p); or
ii. A simplified employee pension (26 U.S.C. § 408 (k); or
iii. A Roth IRA (26 .S.C. § 408); or

c. The annuity is:

i. Irrevocable and non-assignable; and
ii. Actuarially sound (as determined in the Social Security Administration Life Expectancy Table; and
iii. Provides for payments in equal amounts during the term of the annuity, with no deferral and no balloon payments made.

2. The purchase of an annuity by the individual or the community spouse shall be treated as the disposal of an asset for less than fair market value unless:

a. The State of Maine is named as the remainder beneficiary in the first position for the total amount of Medicaid paid on behalf of the individual; or
b. The State of Maine is named as such a beneficiary in the second position after the community spouse or minor or disabled child and is named in the first position if such spouse or representative of the child disposes of their remainder for less than fair market value.

For more information please visit Maine’s Department of Health and Human Services website.

Click here to view the MaineCare Eligibility Manual.

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