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Medicaid Recertification: Why Legal Guidance Matters
Having an experienced elder law attorney overseeing the Medicaid application and recertification processes can better one鈥檚 chance of achieving and maintaining Medicaid eligibility.聽
When one spouse requires nursing home care, Medicaid recognizes that the other spouse is still living in the community and still needs financial support.
A New Yorker interested in applying for Community Medicaid 鈥� that is, long-term care provided by home healthcare aides 鈥� must meet certain income and asset limits to qualify.
Adding a child鈥檚 name to your deed can have significant consequences, particularly if you later need nursing home care and apply for Chronic Medicaid. Medicaid eligibility rules are complex, and transfers of property can directly affect whether benefits are approved.
The Consumer Directed Personal Assistance Program allows those who need a caregiver to recruit and hire someone of their choice to assist them with daily needs.
While a life estate deed is one of the tools in the estate planner鈥檚 belt, it is not the answer for everyone. As with any planning, the best option will depend on the goals, concerns and people involved.
Protecting one鈥檚 home in a Medicaid Asset Protection Trust (MAPT) is a common planning tool.
The biggest concern that most have when they are in need of long-term nursing home care is that their primary residence will not be protected. This may or may not be true.
Each year, there are slight adjustments to the financial eligibility requirements of Community Medicaid for adults receiving the assistance of a home health aide.
Starting in March 2025, New York State will be condensing down to one Fiscal Intermediary (FI) from the over 600 FIs that currently operate in this arena.
Understand the difference in look-back rules for Community Medicaid and Nursing Home Medicaid in New York, including rules regarding possible penalties.
