October 2020

Community Medicaid is a needs-based government assistance program that provides long-term care benefits to individuals at home. To qualify, an applicant’s resources and income limits must fall below a determinative limit that is adjusted annually. For the year 2020, that limit is $15,750 for available (non-exempt) resources and $895 of income for a single individual.
For those individuals with excess resources that would disqualify them from obtaining Community Medicaid eligibility, they would often engage in gifting, funding of trusts or even spending-down their excess assets. 
In April of 2020, New York State passed a new law that instituted a thirty month look-back period for Community Medicaid applicants, effective October 1, 2020. Such look-back did not exist for Community Medicaid prior to the new law. 

Lunch with Littman Krooks

Join Laura Brancato, Esq., on Tuesday, November 10th at 12 PM (EST) to discuss mental health issues and the law, specifically Article 81 and Article 9.

Many people operate under the assumption that, in the event they are unable to care for themselves, a friend or family member will step up to manage their financial, legal, and medical affairs. New York State Mental Hygiene Law proscribes legal interventions which can be taken on behalf of an incapacitated person. These proceedings can be complex and challenging and can vary depending on the nature of the incapacity. There are many basic decisions that cannot be made until the family agrees upon, or the court identifies, a guardian for an incapacitated individual. 

Littman Krooks LLP
212.490.2020 | 914.684.2100