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New Medicaid Eligibility Rules to Take Effect in New York

Effective October 1, 2022, changes to the New York State Medicaid Home Care rules will be taking effect. If you or a loved one is considering applying for Medicaid Home Care benefits in the near future, it is vital that you apply while the current rules are still in effect. Otherwise, you may have to wait much longer to become eligible for these benefits, which include adult day care, home health aides, and other community-based services.

The major difference between the current rules and the new rules is that now, there is no lookback period for Medicaid Home Care benefits. Under the new rules, however, a lookback period for all asset transfers will take effect. As of October 1, 2022, all Medicaid Home Care applicants will be subject to a 15-month lookback period. This lookback period will eventually increase to 30 months, as an additional month will be added each successive month until the period reaches 30 months.

This means that if you try to apply for Medicaid Home Care benefits between October 2022 and January 2024, Medicaid will “look back” at all assets transferred from July 2021 on to see if you were gifted or transferred any assets in order to meet the eligibility requirements. If that is the case, then you may be ineligible for immediate Medicaid benefits. If you apply for these benefits any time after January 2024, when the lookback period will reach the maximum of 30 months, you may be deemed ineligible if you have transferred or sold assets for less than fair market value within that time period.

For those seeking coverage for Medicaid long-term nursing home care, there are no changes, as there is still a five (5) year lookback period for those applicants.

For those individuals who are considering Home Care Medicaid, the importance of applying before the new rules go into effect in October cannot be stressed enough.

At the Law Offices of Steven M. Adler, PLLC we can help you protect your assets while also saving you from paying out of pocket for these essential health care services. One quick call to (516) 740-1184 to set up a free consultation might just be the difference to securing your financial future for yourself and your loved ones.