Community Medicaid

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There are two main categories of Medicaid in New York: Community Medicaid and Nursing Home Medicaid.  The rules for each are different, and they affect the benefits that may be available to you.  The attorneys from Lamson & Cutner can help you  navigate the rules of Community Care Medicaid, and protect your assets and income.  In doing so, you may be able to maintain your lifestyle while still having access to high-quality health care services provided through the Community Medicaid plan.  Medicare and Medicaid planning, including Community Medicaid benefits planning, are key areas of focus for Lamson & Cutner.

The New York State Department of Health describes Community Medicaid as follows: “[Community] Medicaid pays for a variety of medical services that can help you continue to live in your home, or for special services available to participants in waivers [people with specific disabilities].  Some of the covered services are: doctor and clinic services, prescription and non-prescription drugs, home care, personal care aides, adult day care, lab tests, transportation to medical care, physical, occupational and speech therapy, mental health services, x-rays, durable medical equipment such as wheelchairs, orthotic and prosthetic appliances.”

Achieving Community Medicaid eligibility in New York is far more possible than most people think.  Lamson & Cutner uses proven, reliable legal strategies to help New Yorkers gain access to crucial medical services and assistance while remaining in their homes.  Our results are impressive.  Seniors and others who need long-term care achieve their best possible quality of life, while avoiding the ruinous health care costs that would otherwise wipe out their life’s savings.

While many people have heard of Medicaid’s “five year look back,” they do not realize that, in New York, up until this year a "look back" only applied to Nursing Home Medicaid.

However, as part of the State budget that passed in April 2020, the NY State legislature imposed a 30-month look back for community Medicaid services that will apply to uncompensated transfers that occurred on or after October 1, 2020.  The look back was originally scheduled to take effect in 2020, but the implementation date has been pushed back numerous times.  Please contact the firm to find out the current statusApplications received before the implementation date will not be subject to any look back.

This is a dramatic change to the Community Medicaid landscape.  The new restrictions will result in many people paying more for their health care and long-term care than they would have needed to, prior to the change.  Fortunately, New Yorkers will still be able to preserve a good portion of their assets, if they take the right legal steps.  Additional restrictions are also set to become effective after the Federal Health Emergency is lifted.  Other changes that make accessing benefits more difficult have already been enacted.

In New York, Community Medicaid Home Care is available to eligible people who are living in their own homes. It is also available to eligible people who are living in some Assisted Living Residences.  Community Medicaid eligibility is subject to specific rules, depending on various criteria such as age, marital status, the amount of your assets, and the amount of your income.  A skilled Community Medicaid NYC attorney can explain the eligibility rules that govern your specific situation.

Lamson & Cutner has offices in New York City and Westchester County, and we can advise anyone who lives in New York State.  We have successfully been conducting consultations and executing documents in our offices and via videoconference.  To learn more about Community Medicaid benefits and to speak with an attorney for Medicaid application assistance, contact us today.

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