**Attention**
As of October 1, 2020, new applicants for Home Care Benefits from Medicaid in New York City will be subject to a financial look-back period of 2.5 years during submission. However, this new rule has not yet been implemented and is unlikely to be implemented until late 2026 or 2027. Applicants before this time will be exempt from the look-back.
Home care benefits are simple enough to understand: If Medicaid determines that a person qualifies for help around the house, that care is provided. Unfortunately, confusion surrounding these benefits either drives people out of their homes and into care facilities or leaves them home without the help they deserve.
At The Law Offices of Polizzotto & Polizzotto, our accumulated knowledge and experience working with Medicaid allow our attorneys to clear the confusion and facilitate the delivery of much-needed care.
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CALL NOW TO SCHEDULE A CONSULTATION 718-232-1250Who Is Eligible?
An evaluation of a person’s medical and financial need is used to determine eligibility.
- Medical eligibility — To qualify medically, a person must be defined as disabled. The disability must be expected to last for at least one year and prevent the person from participating in gainful employment.
- Financial eligibility — In our experience, this is one area where people assume that they do not meet the threshold for being low income. Many people do not realize that New York allows those who exceed the monthly income limit to place the excess in a pooled income trust that can be used to pay for care expenses.
Is There A Look-Back Period?
While Medicaid requires a five-year look-back period for nursing home benefits, no look-back period exists for home care benefits in the state of New York. Applicants for home care need not worry about any gifts or transfers of assets made prior to applying.
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CALL NOW TO SCHEDULE A CONSULTATION 718-232-1250How Long Does The Process Take?
Without complications, the whole process can be as short as one month.
What Services Are Provided With Home Care Benefits?
Medicaid home care benefits cover various services designed to help individuals live safely and independently in their own homes. These services vary by state, and eligibility can depend on the person’s specific needs and Medicaid plan. A Brooklyn Medicaid attorney can help ensure you access all the benefits you are entitled to.
Some of the most commonly covered home care services include:
- Supported employment: Assistance to help a person obtain or maintain paid employment or self-employment. This may include career planning, job placement or workplace accommodations.
- Day services: Structured programs outside the home during typical working hours that provide social, educational or therapeutic activities.
- Nursing services: Care provided by a licensed nurse within the scope of the state’s nurse practice act, including monitoring health conditions, administering medications and coordinating with other health care providers to support the individual’s overall well-being.
- Home-based services: Support provided in a person’s home to assist with daily living, without 24-hour supervision.
- Equipment, technology and modifications: Devices, aids or home modifications that improve or maintain function.
- Case management: Development of personalized support plans, ongoing monitoring of health and services and help accessing necessary supports.
- Services supporting self-direction: Assistance with managing participant-directed services under Medicaid waivers.
- Home-delivered meals: Prepared meals delivered to a person’s home, which may supplement but not fully replace daily nutrition.
- Community transition services: One-time assistance to help a person move from an institutional setting to a community-based residence.
- Nonmedical transportation: Travel to access Medicaid services or community activities not otherwise provided by other programs.
- Caregiver support: Help for those who provide ongoing assistance, helping ensure caregivers have resources to continue supporting the individual.
- Participant training: Instruction for the individual on treatment regimens, their condition or how to use the service system effectively.
Other services may include round-the-clock support, mental and behavioral health programs and coverage for certain living expenses for live-in caregivers. The availability of these services can vary depending on the state and Medicaid program.
Working with an experienced Brooklyn Medicaid attorney helps ensure that individuals and their families understand which services they qualify for and how to access them. Proper guidance can help maximize benefits, avoid delays and create a comprehensive home care plan tailored to the person’s unique needs.
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What services are provided with home care benefits?
Depending on your individual plan of care, here are some of the in-home services provided:
- Part-time or intermittent in-home health care
- Physical therapy
- Occupational therapy
If your individual plan of care includes any of the above services, and you qualify for assistance with basic cleaning and personal care services, those may also be included in your care plan.
Contact a Medicaid benefits lawyer who can help clear up any confusion and provide you with an assessment of your case.