Medicaid

What to do with the proceeds from the sale of a property in a Medicaid Asset Protection Trust

By Burner Law Group, P.C. / September 23, 2022 / 0 Comments

When residential property is owned by a trust, the trustee may sell the property if the terms of the trust permit it. The trust would be the seller of the property and the trustee must sign the listing agreement, contract of sale and closing documents. Upon closing, the net proceeds from the sale are payable […]

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 Medicare’s 100 Days Explained

By Burner Law Group, P.C. / June 24, 2022 / 0 Comments

Medicare never covers the full cost of a skilled nursing facility. Medicare does not always provide 100 days of rehabilitation, it will pay “up to” 100 days.  Medicare Part A covers the full cost of the first 20 days in a rehabilitation facility when a patient meets certain qualifications after a hospital stay. For days […]

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man holding documents at probate court

What is a Medicaid Fair Hearing?

By Burner Law Group, P.C. / May 27, 2022 / 0 Comments

A Fair Hearing is how to challenge a determination made by a local social services agency (“Agency”). An Administrative Law Judge from the New York State Office of Temporary and Disability Assistance Office (“OTDA”) precedes over the hearing. If successful, the hearing will result in a written decision directing the agency to “correct” the case. […]

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nurse checking on patient at home

What is a split shift and why is it so hard to get?

By Burner Law Group, P.C. / May 11, 2022 / 0 Comments

Community Medicaid is a government funded, need-based program that cover’s long term care services in one’s home. This means that recipients who qualify can have a home health aide help them in their home.  There are two main assessments needed to qualify for Community Medicaid.  The financial assessment determines if the applicant is below certain […]

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2023 written on wooden blocks

2023 Will Bring Expanded Eligibility for Community Medicaid

By Burner Law Group, P.C. / April 18, 2022 / 0 Comments

Change is coming! The New York State Fiscal Year 2023 budget expands the ability for New Yorkers to qualify for Medicaid if they are 65+ years old, blind or disabled. Effective January 1, 2023, the allowable amounts for income and assets are increasing. Income Expansion The income amount for Community Medicaid recipients will be raised […]

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senior couple walking on a sidewalk

Applying for Medicaid to Protect a Spouse

By Burner Law Group, P.C. / January 26, 2022 / 0 Comments

There are many misconceptions surrounding Medicaid long-term care. One persistent myth is that a couple will lose all of their assets if one of the spouses applies for Medicaid to pay for a nursing home. This could not be further from the truth – applying for Medicaid long term care for one spouse makes sure […]

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senior man smiling with doctor

Does my income disqualify me for Medicaid long-term care?

By Burner Law Group, P.C. / January 5, 2022 / 0 Comments

Medicaid provides long term care coverage to eligible individuals who meet certain asset and income requirements. Many people do not realize that they can become eligible for Medicaid and preserve assets – even when their assets and income seem too high.  There are two types of Medicaid long-term care: Nursing Home Care (“Chronic Medicaid”) and […]

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mortgage deed document on table with keys

How does Medicaid deal with a life estate?

By Burner Law Group, P.C. / November 19, 2021 / 0 Comments

For New Yorkers receiving benefits under the long-term care Medicaid program, a life estate is a strategic estate planning tool. Maintaining a life estate can ensure that your home passes to your intended loved ones after your death. A life estate is created through a properly drafted and recorded deed or using an Irrevocable Medicaid […]

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daughter and her senior father holding hands

How do you expand powers in an Article 81 Guardianship?

By Burner Law Group, P.C. / October 20, 2021 / 0 Comments

Article 81 of New York’s Mental Hygiene Law allows a court to appoint a guardian to manage the personal and/or financial affairs of an individual deemed incapacitated. The court must find that the alleged incapacitated person (“AIP”) cannot appreciate the nature and consequences of their inability to handle such matters and that the AIP is […]

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senior woman and her in home nurse

Medicaid Tips: Community Budgeting – How a Nursing Home Resident Can Keep $904 instead of $50 per month

By Burner Law Group, P.C. / September 8, 2021 / 0 Comments

Chronic Medicaid is a needs-based benefit that will cover room and board in a nursing home. When an individual is approved for Chronic Medicaid, the local Department of Social Services (DSS) determines the net available monthly income contribution (or “NAMI”). This is the monthly amount that the Medicaid recipient must pay to the nursing facility. […]

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