Elder Law

New York Medicaid Planning

Medicaid is a program funded jointly by the Federal government and the State of New York with eligibility guidelines.

Eligibility for Medicaid is determined by your local Medicaid agency and is based on the income you receive and the assets you own.

If you are married, assets in your name, as well as assets held jointly with your spouse or by your spouse alone, will be considered in the eligibility determination process.

If you are eligible, Medicaid covers:

• physician’s services
• hospital care
• medications
• supplies
• other reasonable and necessary services
• long-term care either in your home or a skilled nursing facility

How a Littman Krooks New York or Westchester Medicaid Planning Lawyer can assist you

A Littman Krooks experienced Medicaid Planning Attorney will:

• Inform you of the Medicaid rules
• Advise you how to protect your assets
• Implement appropriate documents, such as the Durable Power of Attorney, Trusts and Wills
• Prepare and submit your Medicaid application
• Represent you before the local Medicaid agency

For 2010, the following rules apply:

• The asset allowance for an individual is $13,800.
• Married couples who apply for home care together are allowed to retain $1,117 in monthly income (plus a $20 unearned income credit for some couples) and up to $20,100 in assets.
• If the applicant is not married and receives health care at home, he or she will be entitled to retain $767 of monthly income (plus a $20 unearned income credit).
• An individual, whether single or married, receiving skilled nursing care, is allowed to retain only $50 of monthly income as a personal allowance.

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