Medicaid is a joint federal and state program that helps cover medical costs for individuals with limited income and assets. In New York, Medicaid offers coverage for long-term care services either at home (community-based) or in a nursing home (institutional care).

What are the income and asset limits to qualify for Medicaid in New York?

To qualify for Medicaid, applicants must meet specific income and asset limits. In 2021, individuals with assets above $15,900 and couples with assets over $23,400 were excluded. All assets must be reported, though not all count toward the limit.

What are non-countable assets for Medicaid?

Non-countable assets include your primary residence (under certain conditions), personal belongings, one vehicle in use, irrevocable funeral arrangements, and income-producing property with a net return of at least 6%. These do not count against Medicaid's resource limits.

What are countable assets for Medicaid?

Countable assets include cash, checking and savings accounts, CDs, retirement accounts, stocks, bonds, mutual funds, life insurance with a face value over $1,500, additional vehicles, and non-exempt real estate. These assets can disqualify you if they exceed the resource limit.

What is the Medicaid lookback rule in New York?

The lookback rule in New York requires Medicaid to examine financial transactions made within the last five years before applying for nursing home care. Transferring assets for less than fair market value during this period may lead to a penalty period of ineligibility.

What does 'spending down' mean in the context of Medicaid?

Spending down refers to legally reducing your countable assets to qualify for Medicaid. This may involve paying off debt, purchasing exempt assets, or making home or vehicle improvements. It’s a strategic way to meet Medicaid’s financial eligibility requirements.

How can a New York Medicaid lawyer help with eligibility?

A Medicaid lawyer can help assess your assets, create a spending down strategy, and guide you through the application process. At the Law Office of Andrew M. Lamkin, P.C., we ensure your application is accurate and help protect your assets while securing care.

Medicaid Archives - Law Office of Andrew M. Lamkin P.C.

Jul 30, 2026 | By Andrew Lamkin | Read Time: 5 minutes | Medicaid

What Assets Disqualify You for Medicaid?

Assets that can disqualify you from Medicaid include significant savings, investment accounts, additional properties besides your primary residence, expensive vehicles, and certain valuable personal property. Medicaid typically requires applicants to have limited financial resources, so substantial liquid assets or multiple real estate holdings may render you ineligible. Understanding which assets are countable and exempt can help you better plan...

Jul 29, 2026 | By Andrew Lamkin | Read Time: 4 minutes | Medicaid

Do You Need a Lawyer to Apply for Medicaid?

Most seniors and their loved ones apply for Medicaid themselves rather than use an attorney. While you don’t need an attorney to file your application, doing so provides you and your loved ones with numerous benefits. One of the biggest reasons seniors do not use attorneys is not because they don’t need one, but because they are afraid of...

Jun 10, 2026 | By Andrew Lamkin | Read Time: 4 minutes | Medicaid

How to Pay for Nursing Home Care on Long Island

Paying for long-term care can quickly impact your net worth, especially when yearly nursing home costs can reach into six figures. Many people assume they must spend their life savings before qualifying for financial assistance. Yet careful planning using several strategies can reduce, or even eliminate, out-of-pocket costs for nursing home care through Medicaid. Understanding how to pay for...

Jun 10, 2026 | By Andrew Lamkin | Read Time: 4 minutes | Medicaid

How to Protect Your Assets from Nursing Home Costs in New York

Paying for long-term medical care can quickly deplete years’ worth of savings. Nursing home costs can even put a home at risk, depending on whether you continue to live in it, someone else lives there, or you intend to return. Naturally, many people want to protect assets from nursing home costs in New York while still qualifying for financial...

Apr 28, 2026 | By Andrew Lamkin | Read Time: 4 minutes | Medicaid

Can You Transfer a House to a Child and Still Qualify for Medicaid in New York?

To qualify for Medicaid long-term care coverage, you need to have limited resources and income, even though the costs of long-term care are high. Many people wonder whether they can transfer a house to a child and if Medicaid in New York will still approve their long-term care coverage application. In short, you can, but only if you complete...

Apr 23, 2026 | By Andrew Lamkin | Read Time: 4 minutes | Medicaid

How Much Money Can You Have and Still Qualify for Medicaid in New York?

Sorting through Medicaid rules can feel overwhelming, especially if you are planning for future care or helping a loved one during a stressful time. Understanding how to qualify for coverage can feel like taking on a second job. Above all else, there is one question almost everyone asks: How much money can you have to qualify for Medicaid in...

Mar 20, 2026 | By Andrew Lamkin | Read Time: 4 minutes | Medicaid

Does Medicaid Take Your House After You Die in New York?

Medicaid can be an excellent program for providing essential medical care to people with limited means. However, a Medicaid recipient may be required to repay the state for the care they receive. And when it comes to paying the state back, many New York homeowners ask the same fearful question: Does Medicaid take your house after you die in...

Dec 2, 2025 | By Andrew Lamkin | Read Time: 4 minutes | Medicaid

Does Medicaid Cover Dental in New York?

Does Medicaid cover dental in New York? Yes, it includes routine exams, cleanings, fillings, extractions, and dentures. Coverage details can vary, so it’s important to check specific plan benefits and provider availability. The Medicaid program in each state can choose to include dental care coverage for its adult Medicaid recipients. Medicaid dental coverage in New York includes emergency and...

Oct 13, 2025 | By Andrew Lamkin | Read Time: 5 minutes | Medicaid

New York’s Medicaid 5-Year Lookback Rule Explained (and How to Plan Ahead)

In New York, Medicaid imposes strict eligibility requirements based on financial circumstances. When you apply for Medicaid coverage, program administrators review significant financial transactions from the last five years, such as gifts, to ensure you did not give away property just to qualify for Medicaid. This review of the five years preceding your application is known as the Medicaid...

Mar 7, 2025 | By Andrew Lamkin | Read Time: 5 minutes | Medicaid

Understanding the Medicaid Asset Protection Trust in New York: A Key to Safeguarding Your Property

Medicaid is a government program that helps many people cover long-term care costs, such as nursing home or home health care. However, to qualify for Medicaid, you must meet financial eligibility requirements. One common concern is protecting homes and other assets from Medicaid’s strict asset limits while qualifying for long-term care benefits. Through a carefully planned and executed Medicaid...

Jan 24, 2025 | By Andrew Lamkin | Read Time: 4 minutes | Medicaid

What Is Medicare Planning?

You plan for retirement, you plan for significant expenses, but what about Medicare planning? Most individuals under the age of 65 do not think of Medicare until it is too late. Ideally, you want to start planning for Medicare benefits long before you need them. Doing so can ensure you are not only approved but have access to the...

Jul 8, 2024 | By Andrew Lamkin | Read Time: 4 minutes | Medicaid

Possible Penalty for Not Reporting Marriage to Medicaid

Many people receive Medicaid benefits based on how much they make and who is in their household. So, a Medicaid recipient’s marriage status is a big deal. If you’re newly married, congratulations! But while you’re embarking on the next stage in life with your new spouse, don’t forget to let the government know. The government doesn’t need a wedding...

Jun 7, 2024 | By Andrew Lamkin | Read Time: 3 minutes | Medicaid

Pooled Trusts for Medicaid in New York

Understanding Medicaid and how to protect your assets can be challenging, especially when considering the different options available. One such option in New York is the pooled trust for Medicaid, which can help individuals retain their eligibility for Medicaid while preserving their assets. This informational piece will guide you through the basics of Medicaid pooled trusts in New York,...

Dec 18, 2023 | By Andrew Lamkin | Read Time: 5 minutes | Medicaid

Understanding Medicaid Lookback Rules for Community-Based Long-Term Care in New York

The anticipated 30-month Medicaid lookback period for New York community-based long-term care (CBLTC) services is now delayed until at least 2025. This postponement provides additional time for individuals to prepare for future changes. Presently, there is no lookback or transfer penalty for Medicaid applications covering managed long-term care (MLTC), home care services, or the Assisted Living Program (ALP). The...

Nov 3, 2022 | By Andrew Lamkin | Read Time: 4 minutes | Medicaid

What Is the Difference Between Medicare and Medicaid in New York?

One aspect of growing older and moving through retirement is determining how you will pay for healthcare. While you are working, you likely have health insurance from your employer. Once you reach 65 and retire, you may apply for Medicare and Medicaid. These government-run programs can help you afford healthcare as you age. The services covered by these two...

Sep 20, 2022 | By Andrew Lamkin | Read Time: 4 minutes | Medicaid

Important Update on New York State’s New 30-Month Medicaid Lookback Law

Many New York seniors rely on Medicaid to fund their long-term care. Medicaid will cover nursing home care for those 65 and older who meet the financial eligibility criteria. It also pays for assisted living facilities, home health, and non-medical services that allow seniors to remain in their homes. These Medicaid services are available only to those residents with...

Jun 10, 2022 | By Andrew Lamkin | Read Time: 4 minutes | Medicaid

Can I Pass the Income Assessment of a New York Medicaid?

Medicaid is the single largest source of health coverage in the United States. About 80 million Americans are currently enrolled in Medicaid. If you are considering applying for Medicaid, you may be wondering, Can I pass the income assessment of a New York Medicaid? In this blog, we discuss the requirements for the income assessment for Medicaid in New...

Mar 20, 2022 | By Andrew Lamkin | Read Time: 4 minutes | Medicaid

How Can Medicare and Medicaid Help With Costs?

As of September 2021, 3,703,618 New Yorkers were enrolled in Medicare, and 7,213,006 had Medicaid. While you’ve probably heard of both Medicare and Medicaid, they are two different programs that help you pay for healthcare. Each program provides different benefits and has different costs. Your attorney can help explain the advantages and disadvantages of each program based on your...

Jan 20, 2022 | By Andrew Lamkin | Read Time: 6 minutes | Medicaid

Who Will Be Responsible For A Medical Debt After Death?

Before a loved one passes, they may spend some time in the hospital. Hospital bills and treatment expenses can add up quickly, especially with a progressive illness like cancer that requires expensive care. Debt collectors may start calling you at all hours, even while experiencing bereavement. Rest assured that the law is in your favor. In most cases, spouses...

Dec 20, 2021 | By Andrew Lamkin | Read Time: 5 minutes | Elder Law

Medicaid Countable and Exempt Assets: What You Can Keep and What Counts Against You

Updated October 2025 It’s a common misconception that anyone with assets isn’t eligible for Medicaid. In reality, 14% of all nursing home Medicaid applicants in 2012 had assets totaling over $100,000. New York requires those over 65 to report their income and assets (or “resources”) when applying for Medicaid. However, only some resources count toward the limit, and it...