Medicaid

Can I Transfer My Home if I am on Community Medicaid?

By Burner Law Group, P.C. / February 24, 2021 / 0 Comments

Given the changes to Community Medicaid, there are still a few unknowns regarding how New York State will handle certain issues. In April 2020, the State passed a new thirty-month lookback for all Community Medicaid applicants.  The law was written with an effective date of October 1, 2020.  This means any transfers or gifting from […]

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Spousal Refusal

By Burner Law Group, P.C. / February 5, 2021 / 0 Comments

*updated February 5, 2021 If the spouse living in the community executes a Spousal refusal form, the community spouse’s assets are not used in calculating the asset eligibility of the medicaid applicant.  If one spouse requires nursing home care, the community spouse does not need to spend down all his or her assets and become […]

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Immediate Need Medicaid: The Fastest Route to Homecare Services

By Burner Law Group, P.C. / December 22, 2020 / 0 Comments

What is Immediate Need Medicaid? Immediate need Medicaid is an expedited application process to receive long term care at home paid for by Medicaid. Unlike the standard Medicaid application process, which can take approximately 6 months to receive services, those applying for immediate need Medicaid tend to receive care at home within one month of […]

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Community Medicaid for Two

By Burner Law Group, P.C. / November 24, 2020 / 0 Comments

When both spouses need long term care, they can apply together for Community Medicaid provided that they qualify as a “dual applicant.” As a couple applying for Community Medicaid, the spouses cannot have more than $23,100.00 in total countable resources. This typically includes bank accounts, brokerage accounts, non-qualified annuities, stocks, bonds and cash value of […]

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Does your Community Medicaid Move with You?

By Burner Law Group, P.C. / November 24, 2020 / 0 Comments

Community Medicaid, also known as homecare Medicaid, is not limited to care in one’s current home. A person is eligible for Community Medicaid so long as they reside in New York, do not require a skilled nursing facility, and meet the financial eligibility requirements. Applicants applying for Community Medicaid can have up to $15,750 in […]

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Medicare Does Not Pay for Long-Term Care at Home

By Burner Law Group, P.C. / October 21, 2020 / 0 Comments

The Medicare program is administered jointly by the state and federal government.  Medicare is available to adults 65 years of age and older, or to anyone under the age of 65 who is entitled to Social Security Disability. Medicare provides varying levels of medical coverage, depending on the plan you have.  Medicare Part A and […]

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What happens to your house when you enter a nursing home?

By Burner Law Group, P.C. / October 14, 2020 / 0 Comments

When someone enters a nursing facility for long term placement, there are several ways the Chronic Medicaid program can treat the primary residence. Usually the primary residence is a “countable asset” for the Medicaid applicant and needs to be sold.  However, there are some exempt transfer and planning techniques that can preserve the primary residence. […]

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A Power of Attorney is Essential for Medicaid Planning – Even if You are Married

By Burner Law Group, P.C. / September 4, 2020 / 0 Comments

A common misconception is that spouses have full access to each other’s finances, but this is not the case. Retirement accounts, pensions, and other assets in one’s individual name cannot be accessed by a spouse unless that spouse has been authorized to do so under a valid Power of Attorney. Medicaid recipients with retirement accounts […]

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How Gifting Affects Medicaid Eligibility

By Burner Law Group, P.C. / August 24, 2020 / 0 Comments

Gifting and Medicaid planning is commonly misunderstood.  We often see clients who believe that the gifting rules for Medicaid are the same as the IRS gifting regulations.  The IRS allows a person to give up to $15,000.00 per person annually without penalty.  Under the Code, all gifts made in any given year are subject to […]

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Revocable Trusts Are Not for Medicaid Planning

By Burner Law Group, P.C. / August 24, 2020 / 0 Comments

A revocable trust is not used in Medicaid planning. According to the Medicaid program, assets in a revocable trust are still considered available resources for eligibility purposes.  This is because the grantor of a revocable trust has full control of and access to the money and property in the trust, and thus can utilize those […]

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