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 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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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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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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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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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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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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Using a Durable Power of Attorney in Medicaid Planning

By Burner Law Group, P.C. / August 18, 2021 / 0 Comments

Medicaid will pay the long-term care needs for individuals who meet certain income and asset criteria. This means that Medicaid will pay the high cost of home care or nursing home care for seniors. Since Medicaid is a means tested program, many people believe that they cannot access benefits. This common misconception results in people […]

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Medicaid Tips: How to Get a Housing Allowance When Discharged from a Nursing Facility

By Burner Law Group, P.C. / August 4, 2021 / 0 Comments

Question: My husband has been in a nursing facility for several months receiving Chronic Medicaid. He is now ready to come home and receive home care Medicaid. How much of his income can he keep when he returns home? Answer: Once your husband returns home, his Medicaid status will convert from Chronic Medicaid (nursing home […]

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Can Medicaid Put a Lien on My House?

By Burner Law Group, P.C. / July 28, 2021 / 0 Comments

The simple answer is no.  So long as the house continues to be your primary residence, Medicaid cannot put a lien on the home. Generally speaking, to qualify for nursing home Medicaid (also known as Chronic Care Medicaid), a Medicaid applicant can have up to $15,900.00, not counting tax-deferred retirement accounts – however the required […]

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