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2023 New York Medicaid Desk Reference

Resource Allowance for an Individual


Resource Allowance for a Couple


General Resource Disregards
Retirement Accounts (subject to income rules), Homestead (max. $1,033,000.), Automobile, Personalty,
Irrevocable Funeral PrePlan, Burial Space, $1,500. Burial Allowance (bank account or life insurances), etc.

Services Provided: Managed Long Term Care Agency, PACE, FIDA or other coverage may be required:

Community Based Home Care, ALP, CDPAP, NHTDW
Care in the Community based upon a person’s medical and custodial needs.
There is the initial option of “Immediate Needs” coverage for 180 days maximum.
The Medicaid Independent Assessor determines medical need and the number of hours of care.

Before October 1, 2020: No Look Back Period or Transfer Penalty Rule.
Was Supposed to Start October 1, 2020*: 30 Month Look Back Period Phase In, and Transfer Penalty Rule
subject to Local Regional Rates: Long Island $14,136. New York City $14,142.
*Due to the Public Health Emergency and other reasons, the Look Back and
Transfer Penalty Rules are Delayed to a Future Date (estimated March 31, 2024).
Minimum Needs Criteria Which Are Delayed to a Future Date: Subject to the need of
“physical maneuvering with more than two” ADL’s, or for persons with dementia
or Alzheimer’s diagnosis, need “at least supervision with more than one ADL”.

Income Allowance for an Individual: $1,563.
Income Allowance for a Couple: $2,106.
Spousal Impoverishment Budgeting option when only one Spouse applies for benefits.
Potential use of Pooled Trust or First Party Special Needs Trust as to any Income Overage/Surplus.

Spousal Refusal Required when only one Spouse applies for benefits.

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”): $3,715.50.
Minimum Community Spouse Resource Allowance (“CSRA”): $74,820.
Maximum Community Spouse Resource Allowance (“CSRA”): $148,620.
Spousal Refusal Required if the Non-Applying Spouse has Assets or Income over the MMMNA or CSRA.

60 MONTH Look Back Period and Transfer Penalty Rules apply,
with Local Regional Rates: Long Island $14,136. New York City $14,142.

There are Other Medicaid Programs. There is also Spousal Recovery and Estate Recovery.

DISCLAIMER: The above is merely informational and not legal advice. Other factors may impact eligibility and planning. It is based upon certain New York and Federal Law, Regulations and Directives as of January 1, 2023, and is not comprehensive; future changes may render the above information inaccurate. You should contact the Law Office of Steven A. Kass, P.C. for a full consultation based upon the facts of your situation.