People who need long-term care benefits, live in New York and meet specific income and asset requirements can usually get community Medicaid. They can also give their assets to someone else or trust to get into the program. Once they meet these requirements, they can get Community Medicaid benefits the month after the transfer. A person can protect their income with a trust if they have assets worth more than the income limits.
On April 1, 2021, the new rules for Community Medicaid eligibility in New York will go into effect. Clients can plan for these changes and use strategies that may improve their chances of getting benefits if they know about them ahead of time. Even though the changes will affect many people in New York, they are expected to improve the program. As long as the new rules are followed correctly, more people will be able to get Medicaid in their communities than before.
To get Community Medicaid, a person must be 65 or older and have a disability. They also have to have proof that they need the services. They must also be able to do at least two essential things to live (ADLs). Applicants must also be able to pay for the program. The government will look at their assets and income to see if they have enough money to pay for services.
The program is meant to help people who don't have much money. So, Medicaid is a program that looks at how much money you have. It is for people with low income and few assets. People with disabilities can also get Social Security benefits on top of what they already get. The program has two parts: Medicaid in the Community and care in a facility. Medicaid pays for assisted living facilities and nursing homes in the Community. Most New Yorkers eligible for Medicaid get care at one of these places.
People in New York eligible for Community Medicaid can get home health care, adult day care, help with personal care, and services for people who need help living on their own. The time frame for looking back will be either 30 months (2.5 years) or 2 years, whichever comes first. The change from Traditional Medicaid to Community Medicaid will happen in stages. The first phase is likely to start on October 1, 2022, and the second is expected to begin in April 2023.
Changes could be made to the Community Medicaid program, but the recent Coronavirus pandemic has already affected who is eligible. Even though the government can't immediately get rid of community Medicaid, the COVID Public Health Emergency (COVID) has stopped them from cutting Medicaid or increasing "spend-down." If you or someone you care about is getting older, you should consider your choices. A lawyer specializing in elder law can help you make the right choices and determine how to use the new Community Medicaid program.
Cash, stocks, investments, vacation homes, savings accounts, and checking accounts are all things that can be counted as assets. But only some purchases can meet these rules. Some of these assets are IRAs that are ready to pay out, personal items, and pre-paid funeral contracts that cannot be refunded. Also, a primary home doesn't have to be counted as an asset if the applicant lives in it and has less than $955,000 in equity.
In New York, Community Medicaid is meant to help people who need care at home. People with disabilities and older people can apply for the program in New York. Before, there was no "lookback period" for gifts of assets. If you gave away your assets a month before applying for Community Medicaid in New York, you could get home care benefits the following month. But because of new state laws, it will be harder for people to use the program.