Private Annuities Can Be Used to Minimize the Medicaid Penalty Period
When applying for Medicaid coverage for nursing home care in the State of New York, it is important to be aware that Medicaid has a five year “look back” period, which requires you to disclose all of your financial or property transactions during the five years preceding the date of your Medicaid application. If you […]
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Help Provide for your Disabled Loved One with a Third Party Supplemental Needs Trust
If you are disabled and a friend or family member wants to help provide for your care without endangering your Medicaid or SSI benefits, how can they help? The answer here is usually a Third Party Supplemental Needs Trust. The person providing the assets would put them directly into the trust, rather than transferring them […]
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Designating a Trustee is an Important Decision
In order for a trust to protect your assets from Medicaid, that trust must be irrevocable. Once the trust is funded, you no longer own or have control over the assets that are in the trust. As part of setting up your trust, you will need to appoint a trustee to manage the trust and […]
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Different Situations will Dictate Different Approaches to your 401k or IRA
If you are in need of long-term care and are receiving or plan to receive New York Medicaid assistance, Medicaid will consider your 401k or IRA assets to be an available source of money to pay for your care, unless the account is in “payout status.” Payout status means that you are at least taking […]
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A Trust Is Often the Best Way to Keep Your Home
Trusts are legal structures often used by Elder Law attorneys to preserve income or assets that you would otherwise be forced to spend on your care. Trusts can be an excellent way to protect your home and preserve your equity from being exposed to Medicaid liens when you no longer live there, or estate recovery. […]
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Only an Experienced Elder Law Attorney Is Qualified to Assist You with Medicaid Eligibility
Many people think that they can save money by preparing their own Medicaid application, or having a family member complete it. Additionally, there is a growing industry of independent paralegals, social workers, and geriatric care managers, who have gone into the business of preparing Medicaid applications and advising clients on Medicaid planning. However, the Medicaid […]
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The Important Differences between Medicare and Medicaid
Medicare and Medicaid are both government-provided programs that pay for medical and health expenses for the elderly and disabled. Beyond that, the two programs are distinct and follow different rules and regulations. It's important that you understand these differences. Medicare is health insurance for the elderly and disabled provided by the Federal government. It covers […]
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Rules Related to Nursing Home Discharges and Transfers
Under New York law, there are just (6) ways in which a nursing home may discharge a patient from their facility. 1. The patient's health improved and care at the facility is no longer essential. 2. The discharge is necessary for the resident's well-being as the facility is unable to adequately address his or her […]
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Important Strategies for Those Who Need Long-Term Care
(Note: This article has been updated to reflect 2022 figures.) Too few older adults know and understand their rights and options regarding health care, particularly long-term care, which, to quote the New York Court of Appeals, is "ruinously expensive." Many people simply do not want to face this issue, or somehow have faith that they […]
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Medicaid Recertification and Pooled Income Trusts
Generally, once a year every Medicaid Home Care or Community Medicaid recipient must recertify for their Medicaid services. The purpose of recertification is to allow the Medicaid system to verify that the recipient is alive, and to determine that the recipient remains eligible for benefits. This is why Medicaid requires proof of the recipient's current […]
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