SIGNIFICANT CHANGES ARE ON THE WAY FOR NEW YORK’S COMMUNITY MEDICAID PROGRAM; HERE’S WHAT YOU NEED TO KNOW

BY ANNAMARIE GULINO GENTILE, ESQ. AND STEFANIE L. DEMARIO-GERMERSHAUSEN, ESQ.

The New York Community Medicaid Program is a lifeline for so many New Yorkers, offering eligible aged or disabled residents the option to continue living in their own homes while still receiving medical care and assistance with daily activities. Support can range anywhere from light housekeeping tasks, such as laundry or meal preparation, to complex nursing or physical therapy services.

On October 1, historic changes were made to the landscape of homecare in the Empire State. Prior to the new guidelines, there was no asset transfer penalty when applying for Community Medicaid or other home care services, but moving forward, a 30-month “look-back period” will be assessed against all asset (or gift) transfers. A small window of opportunity does exist, however, for transfers made between October 1 and December 31, 2020; the transfers will be disregarded if the Community Medicaid application is submitted before the end of the year. In addition to the penalization periods (which are scheduled to be phased in over time), major hurdles in the application process and restrictions on those participating in Community Medicaid are expected to be imposed on applications submitted after December 31. It’s important to note that to take advantage of the reprieve in the law, New York residents must act before New Year’s Day.

With these incoming changes, navigating the Community Medicaid landscape will soon be more complex than ever, making it difficult for eligible individuals to receive the critical care they need to remain in their homes. Accepting the need for help, whether for yourself or someone you love, can be a difficult and often overwhelming time. If a reader is in this position, it’s vital to speak with a professional who can help simplify the process before the December deadline. We offer complimentary consultations, either in person or virtual.

Angiuli & Gentile, LLP, Attorneys at Law
1493 Hylan Boulevard / aglawnyc.com / 718.816.0005