Most New Yorkers are aware of the 60 month (5 Year) lookback for Nursing Home Medicaid Applicants. However, New York may be implementing a similar lookback for Home Care or Community Medicaid services as early as March 31, 2024.
New York’s Community Medicaid Lookback Law is complex, confusing many individuals about its effects and deadlines. This new law will institute a lookback period on all community-based Medicaid applicants. In other words, applicants and their spouses must provide financial documentation within the lookback period for up to 30 months prior to filing an application for Medicaid. This law will complicate the application process for home health benefits and may impact your eligibility and ability to protect valuable assets.
If you or a loved one is in need of home health aid covered by Medicaid, it is essential to act well before the March 31, 2024 deadline. At Fratello Law, our skilled Estate and Medicaid Planning attorneys can help you develop a plan that meets your unique needs and start the application process. We can discuss the best approach to get necessary services in place while protecting your assets and ability to receive these essential benefits. When you join our client family, you can rest assured that your legal needs are in the experienced hands of compassionate legal professionals.
What Is New York’s Community Medicaid Lookback Law and How Does It Affect Me?
The Community Medicaid Lookback Law may impact New Yorkers’ ability to preserve assets and receive home health care services through Medicaid. The law will institute a “lookback” period for all Community Medicaid applicants, where certain transactions during that time frame may impose a period of penalty before essential services will be covered. In this case, a “lookback” is defined as up to 30 months immediately prior to filing an application. Put simply, applicants and their spouse must provide financial records from all institutions, reflecting any asset transfers within 2.5 years of applying for Medicaid. Additionally, applicants may be penalized for any non-exempt asset transfers.
Medicaid will consider the cash value of your transfers to determine how many months of penalty will be imposed before Community Medicaid benefits will be received.
Which Services Will Be Impacted by New York’s NEW Community Medicaid Lookback Law?
The Community Medicaid Lookback law will impact individuals seeking Medicaid coverage of the following healthcare services:
- Assisted living programs
- Home health agency services
- Personal care and assistance programs
- Limited licensed home care services
- Long-term community care
When you entrust your application to a skilled Elder Law attorney, they can determine if the new Lookback Law will affect you and ensure you understand your legal rights and options.
When Does New York’s Community Medicaid Lookback Law Go Into Effect?
Currently, this change in law only applies to applications submitted after March 31, 2024. This deadline was extended from the original March 2024 date, giving applicants another chance to apply for Community Medicaid benefits without submitting financial documentation for the lookback period. Submitting your application before March 31, 2024, can help you avoid potential lookback penalties and protect your assets. Since this deadline is rapidly approaching, contacting an experienced Medicaid planning attorney as soon as possible is essential to discuss your rights and options.
At Fratello Law, our attorneys know the ins and outs of Medicaid laws and are here to guide you through the complexities of the application process. We are committed to helping you and your loved ones get the care they need while protecting those assets they worked so hard to build.
Discuss Your Legal Options With a Knowledgeable Medicaid Planning Attorney
If you are seeking home health services through Medicaid in New York, it is essential to speak to an attorney as soon as possible to avoid potential penalties and maximize asset protection. At Fratello Law, we are a small firm with a big heart. Our family-oriented attorneys are committed to providing top-notch legal services while building solid and meaningful relationships with each client.
To schedule a free consultation to discuss your Community Medicaid Application, call us today at our Suffolk County office at (631) 406-5580 or our Nassau County office at (516) 321-4010. You can also reach out online through our contact form. We look forward to welcoming you to our client family.