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Update to Medicaid Homecare in New York – July 2022

by | Jul 17, 2022 | Elder Law |

The Biden administration on Friday extended the Covid-19 public health emergency for another three months.  US Department of Health and Human Services Secretary Xavier Becerra officially renewed the declaration, extending it through October 13, 2022.  Medicaid is not able to implement the implementation of the new look-back rules for Homecare services (including all Community based, long-term care) containing a penalty for transfers made on or after October 2020 until the beginning of the first calendar quarter after the expiration of the health care emergency.

The new look-back period will begin on January 1, 2023 (unless delayed again), for newly submitted Community long-term care applications and for requests for increased services for those already receiving benefits under the Community based long-term care program.

This means that starting January 1, 2023 (if they don’t delay the implementation again), Medicaid will require financial documentation going back to October 1, 2020, for all new applications and new requests for increased services. There will be no change to the five-year look-back for institutional applications.

Given that financial history will be required for homecare, a penalty seems likely now for any gifts or funding of Irrevocable Asset Protection Trusts going back to October 2020, unless an application for Community services is submitted before January 1, 2023. To receive Medicaid Homecare benefits, the applicant must not only be financially eligible but require assistance with activities of daily living (the number of activities that assistance will be required for is also scheduled to increase in January 2023.)

If you wish to discuss how these changed may affect you or your loved one, please schedule an appointment by contacting Alfred Polizzotto at (718) 232-1250, as this is general information for edification purposes only and not specific advice for anyone in particular. Do not act upon this information without having a consultation with Polizzotto & Polizzotto, LLC, or another elder law attorney with Medicaid experience.

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