As your parents age, they may need additional support to live comfortably and safely. It’s possible they may need to reside in a care facility, such as an assisted living facility or nursing home, in the state where they live. But after time, you may find that the best facility for your parent’s special medical needs is closer to where you live or in New York.
If your parent is on Medicaid and you move them from another state to New York, it’s important to know that Medicaid benefits do not automatically transfer. However, your parent can still receive Medicaid benefits by reapplying in New York. If you plan to move your parent, it’s crucial to work with experienced elder law and Medicaid planning attorneys who can guide you through the reapplication process and ensure a seamless transition for your loved one.
Understanding Medicaid
Medicaid is a federal assistance program for those who are not financially able to pay for their long-term health care costs. It is considered a “needs-based” program, so there are very strict financial eligibility requirements to obtain Medicaid assistance.
You may be wondering, what’s the difference between Medicare and Medicaid? While both programs provide health care support, they are quite different. Medicaid is funded by the federal government but administered by each state, with strict financial eligibility requirements. Medicare, on the other hand, primarily serves individuals over 65 or those with certain disabilities, regardless of income. When the Affordable Care Act was introduced in 2010, states maintained control over their Medicaid rules and financial requirements.
Medicaid and Moving Your Parent From One State to a Care Facility in New York
Moving to another state can be challenging if Medicaid pays for your loved one’s care in an assisted living facility. They can’t be eligible for Medicaid in two states at the same time, and there is no automatic transfer of Medicaid benefits when a resident moves to a new state. Given these two complications, there are important steps you need to take to ensure your parent maintains coverage.
Steps for an Out-of-State Move to an Assisted Living Facility in New York
- Your parent must establish residency in New York. You’ll need to find an assisted living or nursing home facility with available Medicaid beds, and make sure your loved one qualifies under the state’s program requirements.
- You must dis-enroll your parent from Medicaid coverage in the state they’re leaving before you can apply in another state. This cancellation of coverage will occur at the end of whatever month you dis-enroll.
- Once your parent has relocated and becomes a New York resident, they will need to reapply for Medicaid benefits. The state is not allowed to deny coverage or impose waiting periods once your parent has established residency. However, before you can reapply, you must dis-enroll them from Medicaid in the state they’re leaving.
- After your parent moves to the new care facility in New York, they can apply for Medicaid. The process can take 90 days before your loved one is approved; however, because Medicaid benefits are retroactive, any expenses during the interim should be covered.
The admissions team at your parent’s new care facility can probably help you when reapplying for Medicaid; however, the most important thing you can do during the move is work with a knowledgeable Medicaid estate planning attorney. They can help ensure that applications and forms are filled out properly and take you through the complicated process of procuring Medicaid benefits.
Additionally, an attorney can help ensure that your parent meets Medicaid’s level of care and financial eligibility requirements in New York. Moving from another state with different rules may affect your parents’ eligibility. Working with an experienced attorney provides you with a step-by-step guide to Medicaid eligibility in New York, helping you navigate the process smoothly and avoid delays or errors.