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, at this time a "look back" only applies to Nursing Home Medicaid. In 2020, the NY State legislature passed a 30-month look back for community Medicaid services, but it has never been implemented. Please contact the firm to find out the current status of the look back.
Other changes that make accessing benefits more difficult have been enacted as well. It is possible that more may follow. That is why it is important to act sooner, rather than later. Fortunately, New Yorkers can still protect their assets, if they take the right legal steps.
New York's Community Medicaid program includes Home Care, which can be provided to you in your own home or, where permitted, in an assisted living residence. Eligibility for the program is based on financial criteria. The determination of financial eligibility depends on your "resources" (assets), not your income. Click here for more information on how to become eligible for Community Medicaid.
Once you qualify, an evaluation by a medical professional is made regarding the days and hours of care you need. This evaluation is based on your ability to perform activities of daily living ("ADLs"). These include getting out of bed, dressing yourself, bathing yourself, toileting, cooking, etc.
A skilled Eldercare Law attorney who is knowledgeable about planning for Community Medicaid can help you with attaining financial eligibility for the program in the shortest possible period of time.
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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