Compassionate New York Medicaid Attorney Ready To Assist You
Medicaid is a joint federal and state program that pays for a home health aide or nursing home for qualifying individuals. Many believe that they cannot qualify for Medicaid. However, this is a very common misconception. The truth is that with the proper planning, many can qualify. Our highly skilled New York Medicaid attorney can work to create a plan that will protect your assets and make you eligible for benefits when you need them. Contact the Law Office of Andrew M. Lamkin, P.C. today.
When applying for Medicaid, the local Department of Social Services considers three factors:
- The need of the applicant to receive the care they are seeking.
- The income of the applicant and their spouse, including Social Security, pension, distributions from retirement accounts, rental, and investment income.
- The resources or assets of the applicant and their spouse, including but not limited to the value of their house, investments, savings, and cash value of insurance policies.
The criteria for the above factors differ depending on the Medicaid program you are applying for.
Note: Medicaid Law Update – October 2021
New York finally adopted several regulations that imposed a major change in Medicaid eligibility. These regulations also introduced a “look-back” period into New York’s state’s Medicaid program.
A 30-month look-back provision gives the state the power to review the financial statements of anyone who is applying for home health care, private nurses, and other kinds of assisted living. By “looking back” at these records during the time period prior to their Medicaid application, the state can limit applicants’ eligibility.
Learn more about these changes if you’re planning to apply for Medicaid. Let our trusted attorney assist you with your Medicaid application.
Different Medicaid Program
Community Based Medicaid (home health aide)
Most People who require assistance with the activities of daily living would prefer to remain in their home and receive the assistance of a home health aide. The cost could well exceed $4,000 per month. Fortunately, there is no lookback period on uncompensated transfers when applying for Community-based Medicaid. There are, however, income requirements when applying for community based Medicaid. Andrew M. Lamkin is an experienced New York Medicaid lawyer and can work with you to protect your assets and income should you require the assistance of a home health aide.
- Do you currently pay privately for home care services?
- Home Are you concerned that you would not be able to retain the aide that you currently employ?
Institutional Medicaid (Nursing Home)
For those who must reside in a Nursing Facility, the Institutional Medicaid program is a payment option to strongly consider. When applying for Institutional Medicaid, the local Department of Social Services will look back five (5) years for uncompensated transfers you have made. The total value of these transfers will create a penalty period during which you will be required to pay privately for the care. Transfers to spouses and disabled children are not considered in the five year period and do not create a penalty period.
However, proper planning can protect your assets so that you will be eligible for Medicaid when you need to apply. An experienced NY Medicaid attorney can also reduce the penalty period so that if you have not properly planned, some of your assets will be protected.
Pooled Income Trusts
When receiving Community Based Medicaid, you are allowed to keep $800 per month of your income, plus any costs you incur from health insurance premiums. Your additional income (called a “spenddown”) must be used on the cost of your care, with Medicaid paying for the remainder.
A Pooled Income Trust is a vehicle used to protect this “spenddown” so that your income can be used to pay your household bills.
Contact a Trusted New York Medicaid Attorney Today
How can a New York Medicaid Lawyer help?
Obtaining Medicaid is a complicated application and eligibility process. The Law Office of Andrew M. Lamkin, P.C. is aware of all the intricacies of Medicaid law and can work with you to determine the best way to protect your assets and income for your family.
Our experienced legal practitioner also handles other types of cases, including:
- Elder legal matters
- Estate planning matters
- Trusts and wills cases
- Probate matters
- Estate litigation matters
- Special needs cases
- Advanced directives
Contact me online to schedule an appointment with an experienced New York Medicaid attorney. I am available to meet with you at your home or my office.
Caretaking aging parents can often encompass a great deal of stress. In order to alleviate some of the more daunting applications for government assistance with Medicare, then Medicaid, I enlisted the services of Andrew Lamkin, Esq. to be sure I was doing the right thing by my mother. I was very satisfied with Mr. Lamkin’s services and found his staff and attendance to my mother’s issues to be both efficient and most capable. I would recommend Andrew Lamkin and his staff to anyone wishing to accomplish the best in care for their parents.
-Eileen M, Flushing, NY.
FAQ Answers – New York Medicaid Lawyer
How Can a NY Medicaid Attorney Assist with Long-Term Care Planning?
A New York Medicaid lawyer can be helpful in the long-term care planning process by assisting you in determining if you qualify for Medicaid benefits or helping you with planning for eligibility in the future. Because the Medicaid eligibility process will look to your financial assets in determining whether or not you qualify, it is essential to be strategic in your estate planning process. Elderly individuals looking to qualify for Medicaid assistance for nursing home care may need to gift or distribute their assets to be eligible. For example, parents may wish to gift their home to their children through a life estate or seek to utilize trusts to qualify for government assistance.
Medicaid is a nuanced program with regulations, guidelines, and statutes that must be considered and followed.
A New York Medicaid lawyer handles Medicaid issues and elder law can help you understand essential concerns, including gifts, eligibility periods, utilizing trusts, and penalty periods and exceptions.
In addition to helping you understand the applicable law, a New York Medicaid attorney and estate planning attorney can assist you with:
- All of the paperwork and application process (e.g., when to file it, how to file it, etc.),
- Communicating with the Medicaid case manager,
- Avoiding a denial, and
- An appeal, should one become necessary.
Seasoned estate planning and New York Medicaid lawyers understand the regulations, guidelines, and statutes that can impact your application.
Can a New York Medicaid Attorney Help With My Application?
While it is not legally required in New York to have an attorney assist with the Medicaid application, we strongly encourage anyone considering a Medicaid application and estate planning or management to consult an experienced lawyer. You can prepare the application yourself, but it is wise to have a New York Medicaid lawyer at least review it, if not assist with the completion. There can be several financial, legal, and familial considerations and consequences associated with filing for Medicaid. Further, any error or mistake on the application can delay approval. An attorney can help you get it right the first time.
What Is the Difference Between Medicare and Medicaid in New York?
People often refer to Medicare and Medicaid interchangeably, but while they are both health insurance programs run by the government, they are separate and distinct. The differences lie in the covered services, eligibility requirements, and the amount a recipient will pay in out-of-pocket expenses (i.e., co-pays and deductibles).
Medicare
Medicare is a federally funded and run program that provides health insurance coverage to people over 65 and individuals under 65 with specific qualifying disabilities. Medicare-eligible recipients are typically still responsible for part of their medical costs through low monthly premiums and deductibles.
Medicaid
On the other hand, Medicaid is a federal and state assistance program that provides health insurance coverage to people on a need basis, typically those with little to no financial income. Every state administers its own Medicaid program with different eligibility requirements and offered benefits.
Medicaid is available to people of all ages, but it is common for elderly individuals to use it to cover the costs of nursing home care. Generally, recipients pay little to no out-of-pocket co-pays.
Often, individuals will qualify for either Medicare or Medicaid.