Community Based Home Care Program
Care in the community (i.e., your home), 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 custodial care.30 Month Look Back Period back to October 1, 2020 and Transfer Penalty Rule, subject to implementation after the end of the federal state of emergency per Department of Health Guidance (potentially into 2022).
Income Allowance for an Individual: $884.
Income Allowance for a Couple: $1,300.
No guaranteed level of assets or income to be retained by spouse not on Medicaid, unless Spousal Impoverishment Rules apply.
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”): $3,259.50.
Minimum Community Spouse Resource Allowance (“CSRA”): $74,820.
Maximum Community Spouse Resource Allowance (“CSRA”): $130,380.
60 Month Look Back Period and Transfer Penalty Rules apply.
Spousal Refusal Required if Non-Applying Community Spouse Has Assets or Income over the allowable MMMNA or CSRA.
2020 Local Regional Rates:
Long Island $13,837. New York City $13,037.
Assisted Living Program
Only in participating Facilities that participate in the program. Eligibility follows the rule for community care.
Estate Recovery
Applies to the assets of a deceased Medicaid Recipient over age 55, as to assets subject to Court intervention. Applies to the assets in a Payback Supplemental Needs Trust of a deceased Medicaid Recipient of any age.
PLEASE CONTACT US FOR MORE INFORMATION.
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 March 1, 2021.