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Medicaid Desk Reference


                                             2009 Medicaid Desk Reference

Resources:

                                        Resource Allowance for an Individual
                                                                $13,800


                                          Resource Allowance for a Couple
                                                                $20,100

                                        Some of the General Resource Disregards
Homestead up to $750,000 in equity (although there is the potential for an Estate Recovery against the value of the home), Retirement Accounts in pay status, Personal Property, $1,500 Burial Allowance (by bank account or life insurance), Burial Space, Pre-Paid Burial and Funeral under an Irrevocable Contract

Services Provided and Budgeting:

                                          Community Based Home Care Program

Care in home (or the community), based upon a person's medical and custodial needs. Includes but is not limited to medically necessary care not covered by Medicare, and aides for custdial care.

Look Back Period, but no Transfer Penalty Rule

Income Allowance for an Individual: $767 + $20 if recipient is over age 65

Income Allowance for a Couple: $1,117 + $20 if recipients are over age 65

No guaranteed level of assets or income to be retained by spouse not on Medicaid.

Spousal Refusal Required.

                                                 Nursing Home Care

All levels of custodial and skilled care in a nursing facility.

Income Allowance for an Individual, the "Monthly Personal Needs Allowance": $50.

Spousal Monthly Minimum Maintenance Needs Allowance ("MMMNA"): $2,739

Minimum Community Spouse Resource Allowance ("CSRA"): $74,820

Maximum Community Spouse Resource Allowance ("CSRA"): $109,560

Look Back Period and Transfer Penalty Rules apply.

Local Regional Rates: Long Island $10,852 New York City $9,838

Spousal Refusal Required if Non-Applying Community Spouse Has Assets or Income over the allowable MMMNA or CSRA.

                                               Lombardi (Nursing Homes Without Walls)

Care at home (or in the community). Designed for persons who need a higher level of care than under Community Based Home Care, but who want to remain in the community. While Lombardi recipients typically receive less hours of care at home than recipients under Community Based Home Care, there are currently better Spousal Allowances and Protection (the Allowances and Protections are under attack).

NOTE: The above is merely information and not legal advice. It is based upon New York and Federal Laws. You should contact us for any changes or updates in the law. Future changes in the law may render the above information inaccurate.

                                                 Information as of June 16, 2009

Areas Of Practice

  • Elder Law
  • Estate Planning
  • Special Needs Planning
  • Medicaid Planning
  • Guardianships
More

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