Medicaid Planning

What is Medicaid?

Medicaid is a government medical assistance program for low-income Americans. Medicaid pays for long-term care if a patient becomes ill, disabled, or incapacitated. New York offers Institutional Medicaid for individuals who need long-term care in a nursing home and Community Medicaid for those who live in their own home, someone else’s home, or an assisted living facility.

If you’ve never been eligible for Medicaid, you might think you're not eligible now, and you’re probably right. However, as one of the only government programs that will pay for nursing home care—Medicare does not—it’s worth finding out if you could become eligible through Medicaid planning.

To qualify for either Institutional or Community Medicaid, you must have limited income and assets, and any excess or surplus above that limit must be “spent down” or reduced before Medicaid provides financial support. If you’re not sure if you qualify for Medicaid, our experienced Medicaid planning practice is available to meet with you and review your circumstances.

Medicaid Benefits

Medicaid benefits are often used to offset medical costs for home care or care in a skilled nursing facility. Medicaid is a needs-based program for which many people do not qualify. We can assist individuals who are not classified as low-income and have not planned ahead of time with asset transfers and asset protection to make them eligible for Medicaid benefits.

Most of us would prefer to live in our homes for as long as we can. In New York, Medicaid offers home care benefits which are available with only a one-month look-back period. We can establish a plan to help you accomplish your goals while ensuring the Medicaid application process is quick and easy.

For those who are not able to be cared for at home, Medicaid can also cover the cost of care in a skilled nursing facility. Medicaid nursing home benefits differ from the laws governing Medicaid home care, with the most significant difference being the five-year look back period. Spouses have special rules that allow for exempt transfers of assets as do individuals with disabled children. We can help you navigate through the Medicaid rules and processes to make you eligible for these benefits while ensuring the preservation of your assets to the fullest extent possible.

While it never the plan to seek nursing home care, it is extremely important to understand how Medicaid works and seek the advice of an experienced Medicaid planning attorney.