January 24, 2019
Beginning January 1, 2019:
1. A Medicaid applicant/recipient can have up to $15,450 in available resources;
2. A single applicant/recipient of Community Medicaid benefits can have up to $859 in monthly income plus an additional $20 for persons over the age of 65;
3. The community spouse of a nursing home resident can have monthly income of up to $3,160.50;
4. The community spouse of a nursing home resident may have available resources of $74,820 to $126,420; and
5. Residences and retirement funds continue to be protected in certain circumstances.
The regional nursing home rates for New York City and Long Island have also changed. These regional rates play an important role for those applicants who have made gifts or transfers in the five years immediately preceding their nursing home Medicaid application. A penalty period is assessed for each non-exempt gift made during the five-year look back period.
In 2019, where gifts or transfers of non-exempt assets occur prior to the application for Medicaid benefits in a nursing home the amount transferred is divided by $13,407 in Nassau and Suffolk counties and $12,419 in New York City. The resulting number represents the number of months the applicant is ineligible for Medicaid benefits in a nursing home. There is no penalty period imposed on transfers made prior to an application for Community Medicaid.
There are a number of legal strategies which can be employed to reduce or avoid penalty periods. If you think we can help you or a loved one, please give our office a call.