ARTICLE: Changes to New York State Medicaid Laws Have Arrived

Changes to New York State Medicaid Laws Have Arrived

Did you know that, on October 1, 2020, significant changes to New York’s Medicaid law are anticipated to go into effect? These changes are likely to make it more difficult for many New Yorkers to obtain Medicaid benefits for long-term care costs, including valuable home care costs.

Let us discuss a few of the central changes to New York’s Medicaid law that we expect to be put into effect right here with you.

First, those applying for Medicaid coverage for in-home care will be required to supply financial statements for the past 30 months. Any transfers of funds made without fair consideration may be subject to penalty.

Second, Medicaid applicants may need to meet heightened standards in order to be eligible for enrollment in Medicaid programs providing long-term care services in the community. Now, when the changes become effective, we anticipate individuals will need to establish that they require at least limited assistance with two or more activities of daily living (ADLs).

Third, we expect Medicaid applicants seeking coverage for long-term care services in the community will no longer be initially assessed for eligibility by the agency that provides the care, such as the Local Department of Social Services or Medicaid Managed Care. Instead, these initial assessments will be conducted by an agency selected by the Department of Health (DOH).

Further, DOH still needs to develop how these assessments will be performed as well as the criteria that will be used which means that there is likely to be some uncertainty in what the application process will look like in the future.

Overall, the changes coming to New York Medicaid laws are likely to make it more difficult to obtain Medicaid benefits for long-term care coverage. As you know, long-term care can be extremely costly and, unfortunately, many seniors will need to rely on Medicaid to help cover these costs. 

If you want to protect your assets from the high costs of long-term care, wish to receive long-term care in your home as opposed to a nursing home, or anticipate that you may need in-home care now or in the near future, our office is here to help. Please call us at your earliest convenience to schedule an appointment. Although pre-planning always has the potential to help us reach the solutions you need, we want you to know that no matter what happens before or after this law is enacted we are here to help.

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We at Roth Elder Law, PLLC, believe in providing services in a way that clients can easily understand and meaningfully participate in designing and maintaining their estate plan for their loved ones, as well as be assured that their plan will be administered according to their wishes.