New York State passed laws that significantly changed the Community Medicaid program, making it more difficult for New Yorkers to obtain benefits for long-term care at home. These changes include creating a 30 month look back of an individual’s finances for Community Medicaid and creating a penalty period for uncompensated transfers made during the 30 month lookback period. These new laws were written to take effect October 1, 2020.
As we approach October 1st, the Department of Health (DOH) and Department of Social Services have clarified some of the issues that elder law practitioners had with regard to the changes in the law, including the following:
- The implementation of the 30 month lookback period will be postponed to January 1, 2021. However, other provisions in the new laws regarding home care and CDPAP, such as the requirement that applicants require assistance with three Activities of Daily Living (ADLs) or two ADLS if the applicant has been diagnosed with dementia or Alzheimer’s, will likely begin October 1, 2020.
Our popular series of Zoom conferences will continue into the Fall. Join us on Tuesdays at 12 PM (EST) as our attorneys share valuable updates and information about laws pertaining to elder law, Medicaid planning, estate planning, guardianship, special needs planning, special education advocacy in New York State. Click here to see a full list of speakers and topics.
