Medicaid

Grantor Trust Rules

By Burner Law Group, P.C. / March 18, 2016 / 0 Comments

The grantor trust rules came about after high earners tried to lower their income tax consequence by scattering their income to various trusts over which they maintained control. By spreading their income out, the earners were subject to the lower tax brackets since each trust was considered a separate entity, rather than all the income […]

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Are Spouses Safe? Governor Proposes Cuts to Medicaid Program

By Burner Law Group, P.C. / March 4, 2016 / 0 Comments

Each January, the Governor of the State of New York puts out a proposed budget from which the Legislative and Executive branches will base their negotiations to determine a final budget.  The budget is set to be passed by March 31; the date that marks the end of the fiscal year for the State.  Just […]

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Caretaker Child Exemption

By Burner Law Group, P.C. / March 4, 2016 / 0 Comments

Question:  I have three children.  My son has been living with me for the past few years.  I have heard that there is no reason for me to engage in any estate planning because if I require nursing home care, all of my assets can be transferred to my son.  Is that correct? Answer: No,that […]

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House and Community Medicaid

By Burner Law Group, P.C. / February 26, 2016 / 0 Comments

Question:  I receive community based Medicaid and I own my home.  I was told that my house is exempt, is this true? Answer: The answer is more complex than a simple yes or no.  While it is correct that the primary residence is exempted from the resource calculation for an applicant for community based Medicaid, […]

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2016 Medicaid Levels

By Burner Law Group, P.C. / January 4, 2016 / 0 Comments

Question:  My husband may require care in a Nursing facility.  I was considering applying for Medicaid but I have heard that we could lose everything if we accept assistance through the Medicaid program.  Is this correct? Answer: No, however this is a common misconception.  As you are likely aware, Medicaid is a means tested program […]

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Can I Use an Irrevocable Trust to Pay for Assisted Living Costs?

By Burner Law Group, P.C. / December 16, 2015 / 0 Comments

Can I Use an Irrevocable Trust to Pay for Assisted Living Costs? In order for an Irrevocable Medicaid Trust to be considered “exempt” for Medicaid purposes, it must provide that no principal distributions can be made to the grantor. This requirement ensures that the recipient did need Medicaid to cover the cost of her long […]

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Does Community Medicaid Cover Supplies?

By Burner Law Group, P.C. / December 14, 2015 / 0 Comments

Question: “I am considering applying for Community Medicaid for my mom in order to cover the cost of home health aides. I heard that Community Medicaid might pay for certain supplies my mom could use in her home, is that true?” Answer: Yes.  The Community Based (Homecare) Medicaid program can assist families in paying for […]

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What Documents are Needed to Apply for Medicaid?

By Burner Law Group, P.C. / December 7, 2015 / 0 Comments

Question: I keep hearing that if I apply for Medicaid I will need five years’ worth of financial documents. Could you tell me what are the documents I should be keeping? Answer: In New York State, you do need to provide 5 years worth of financial documentation when you apply for chronic/nursing home Medicaid. The […]

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Chronic Care Medicaid

By Burner Law Group, P.C. / October 21, 2015 / 0 Comments

*Updated September 2020 “What does look-back mean? What is spousal refusal? Will Medicaid take my house if my husband has to go to a Nursing Home?” All too often these are the questions we hear from our clients who are faced with navigating the Medicaid landscape once a crisis occurs. In New York, the Medicaid […]

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Community Medicaid

By Burner Law Group, P.C. / September 16, 2015 / 0 Comments

The Community Based (Homecare) Medicaid program can assist families in paying for the cost of home health aides as well as other programs, supplies and equipment.  Once approved for Community Medicaid, the individual may be enrolled in a Managed Long Term Care Company (MLTC).  The MLTC will be in charge of coordinating the recipient’s healthcare […]

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