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Important Changes to New York Medicaid

New York has included in the 2020 State budget Bill significant changes to New York's Medicaid rules for Community Medicaid (Home Case) benefits, making it harder for New Yorkers to obtain Medicaid benefits for long-term care.

The changes to New York State's Medicaid program include the following:

  • 2 1/2 year (30 month) Look-back for Community Medicaid. Applicants seeking Community Medicaid benefits will have to provide financial statements for the past 30 months (2 ½ years) when applying for such benefits.  These financial statements will be analyzed to determine if there were any funds transferred from the applicant and/or their spouse without fair consideration during the look-back period.  Any transfers found will create a period during which Medicaid will not pay for your care at home. This law takes effect October 1, 2020.

If you need help or assistance and you want to remain home it is imperative that you apply for Community Medicaid as soon as possible -  before October 1, 2020.  To avoid delays in processing for Community Medicaid benefits should be submitted as quickly as practical.

If you have not created your estate and asset protection plans, now is the time to do so. Proactive planning has always been a recommended course of action when it comes to estate and asset protection planning. Often clients are able to preserve significantly more of their assets when planning ahead of time, rather than waiting until the need for Medicaid benefits arises.

Our physical offices are open during the current state of emergency and we are also fully operational working remotely to provide you with the same quality service and care as always. If you or a loved one needs to apply for Community Medicaid, needs to prepare estate and asset protection plans, or think it may be time to update your current plans, please do not hesitate to contact us to schedule a telephone or video conference with one of our esteemed attorneys. We are also available for evening and weekend appointments.


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