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  • Writer's pictureAntony Lee Turbeville

Who in New York Qualifies for Community Medicaid?

In New York, individuals needing long-term care services may generally qualify for community Medicaid provided they fulfill specific income and asset criteria. To be eligible for the program, they may transfer assets to another individual or trust. Once these prerequisites are met, individuals will be eligible for Community Medicaid the month after the transfer. If a person's assets exceed the income restrictions, they may utilize a trust to safeguard their income.


The revised qualifying requirements for Community Medicaid in New York will go into effect on April 1, 2021. The advanced warning provided to clients will enable them to prepare for these changes and implement methods that may boost their likelihood of getting benefits. Although the modifications are likely to affect a large number of New Yorkers, it is anticipated that they will have a beneficial impact on the program. As long as the new restrictions are applied effectively, Medicaid will continue to be accessible to a broader population than before.


To qualify for Community Medicaid, applicants must be at least 65 years old and disabled. Additionally, they must have a demonstrated need for the services. Additionally, they must have at least two fundamental activities of everyday existence (ADLs). In addition, candidates must qualify financially. The government will assess their income and assets to determine their ability to pay for services.


The initiative is intended to assist persons with limited means. Medicaid is thus a means-tested program. It is designed for low-income, low-asset individuals. Moreover, persons with impairments are eligible for supplementary Social Security payments. The program consists of two components: Medicaid in the Community and residential care. Medicaid supports assisted living institutions and nursing homes in the Community. Most Medicaid-eligible New Yorkers are treated at these hospitals.


Community Medicaid recipients in New York are eligible for home health care, adult day care, personal care assistance, and assisted living services. The lookback time is thirty months (2.5 years) or two years, whichever is shorter. The adoption of Community Medicaid will be implemented in phases. The first phase will likely commence on October 1, 2022, followed by the second phase in April 2023.


While modifications to the Community Medicaid program are possible, the current Coronavirus outbreak has already affected eligibility. While the government cannot remove Community Medicaid immediately, the COVID Public Health Emergency (COVID) has prohibited them from eliminating Medicaid or expanding "spend-down." If you or a loved one are aging, you must evaluate the various alternatives. A lawyer specializing in elder law can assist you in making the best choices and navigating the new Community Medicaid program.


Cash, equities, investments, vacation properties, savings, and checking accounts are measurable assets. However, several assets are exempt from these requirements. These assets include payout-eligible IRAs, personal property, and non-refundable pre-paid funeral contracts. In addition, a principal residence is excluded from the asset limitations provided the applicant resides in it and has less than $955,000 in equity.


Community Medicaid in New York is intended to assist those needing home care. The state of New York permits disabled and senior citizens to apply for the program. Previously, there was no "lookback time" for gifts of assets; thus, if you give your assets away one month before filing for Community Medicaid in New York, you might get home care benefits the following month. New state restrictions will, however, make it more difficult for individuals to use the program.

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