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 Prudenti Law, 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. […]

Read More
power of attorney document

Using a Durable Power of Attorney in Medicaid Planning

By Burner Prudenti Law, 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 […]

Read More
senior women and her in-home care nurse

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

By Burner Prudenti Law, 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 […]

Read More
grandparents with their teenage grandchildren

Can Medicaid Put a Lien on My House?

By Burner Prudenti Law, 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 […]

Read More
senior woman outside with her home health aide

The Consumer Directed Personal Assistance Program and Family Home Health Aides

By Burner Prudenti Law, P.C. / July 16, 2021 / 0 Comments

The Consumer Directed Personal Assistance Program (CDPAP) allows Medicaid long term care recipients to choose their own home care attendant, including family members, rather than hiring an aide from a home care agency. Medicaid Approval and Managed Long-Term Care Assessment Under the standard Medicaid process, after Medicaid approval, the recipient undergoes an assessment with a […]

Read More
senior couple on their wedding day

What is a Marital Trust?

By Burner Prudenti Law, P.C. / June 23, 2021 / 0 Comments

A marital trust is a type of irrevocable trust that allows one spouse to transfer assets to a surviving spouse tax free, using the unlimited marital deduction, while providing benefits not available if transferred outright. When drafting Wills for married couples, we usually include a Marital Trust to provide estate tax planning, spousal care, and […]

Read More
young family moving into a new home

Inheriting a House with a Medicaid Lien

By Burner Prudenti Law, P.C. / June 11, 2021 / 0 Comments

A Medicaid lien on a home must eventually be satisfied. Typically, a Medicaid lien is placed on real property when an individual is receiving benefits through the Medicaid program during his or her lifetime and still owns a primary residence. Even when the home is exempt, it can become subject to a lien when the Medicaid […]

Read More
promissory note document

How Are Promissory Notes Used in Medicaid Planning?

By Burner Prudenti Law, P.C. / June 3, 2021 / 0 Comments

Have you ever heard of the “5-year lookback” and wondered what people are talking about?  If you have, you are not alone.  The lookback concept is one that governs the conversation surrounding Chronic Medicaid, the New York State program that covers long term care services in a nursing facility.  To financially qualify for Chronic Medicaid, […]

Read More
large extended family together outside home

Should My Parents Give Away their Home to Me?

By Burner Prudenti Law, P.C. / May 12, 2021 / 0 Comments

Giving assets away during one’s lifetime is usually done for two reasons.  The first is to reduce the value of one’s estate to avoid estate taxes at death.  The second is to protect assets in the event one needs long-term care covered by Medicaid. The 2021 federal estate tax exemption is $11.7 million.  This means […]

Read More
statue of liberty against a blue sky

Update: Navigating the Changing Landscape of Community Medicaid

By Burner Prudenti Law, P.C. / May 3, 2021 / 0 Comments

Important changes to the Community Medicaid program in New York State were enacted in 2020. Not all of the changes have been immediate and the fate of others remains uncertain. For the time being, the program is being administered in a similar way to how it has been done in the past – but change […]

Read More
Scroll to Top
Schedule a Consultation