Earlier this year, New York State joined the rest of the nation in imposing a look-back period for Medicaid home care. Under the new regulations, New York Medicaid applicants will not be eligible for home care if they gave away their assets within 30 months (2 1/2 years) of applying for benefits.
However, the 2020 COVID-19 pandemic forced some changes in the implementation of these rules. As the Federal Public Health Emergency (PHE) Declaration has been extended thru January 23, 2021, the Department of Health will delay the new Medicaid transfer rules until April 1, 2021.
How Does the Public Health Emergency Affect the Medicaid Look-Back Period?
If you or a loved one need home care services, now is the time to plan for it. Since the look-back period has been extended, new applicants could potentially transfer assets on or after October 1, 2020, without a penalty as long as they apply for Medicaid before April 1, 2021.
- What kinds of services are affected? The state now imposes a look-back for all community-based long term care (CBLTC) programs, including home health care services, private duty nursing services, assisted living program services, and personal care services such as the Consumer Directed Personal Assistance Program (CDPAP).
- What happens if I make a non-exempt transfer? Any non-exempt transfer of assets extends the length of the “penalty” period where the applicant will be denied Medicaid benefits. For each month of ineligibility, the applicant will have to pay out of pocket for home nursing care services.
- How can an attorney help me? Our elder law attorneys can explain your options, help you make a timely transfer of your property to a Medicaid Asset Protection Trust, reduce the risk of future Medicaid ineligibility, and ensure you meet the April 1 application deadline.
Please be advised that the Department of Health has not formally confirmed whether a gift made after October 1, 2020, will be counted if a Medicaid application is filed for CBLTC before April 1, 2021.
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