Medicaid benefits can help older or disabled individuals afford long-term in-home or nursing home care. However, many people will only qualify for benefits with early planning. An experienced attorney with Amoruso & Amoruso LLP can help you with effective Medicaid planning in Westchester County, NY. Contact us today to get started with a consultation.
Why Should I Consider Medicaid Planning in Westchester County?
Long-term care is expensive and can easily drain a person’s retirement savings or family wealth. Medicaid benefits can help eligible individuals cover the expenses of long-term home health or skilled nursing facility care. However, qualifying for Medicaid benefits requires a person to meet strict financial guidelines. With early Medicaid planning, you can prepare to meet New York’s strict income and eligibility thresholds without depleting assets or encountering technicalities that hinder your access to long-term care when needed.
Medicaid Planning Strategies
Our Medicaid planning strategies are tailored to your and your family’s needs to ensure we help create an effective plan that both minimizes financial hardship and facilitates asset protection.
Strategic Medicaid planning should occur before an individual requires benefits. For nursing home Medicaid, New York uses a five (5) year “lookback” to scrutinize asset transfers made before the application date. If a reviewer believes the applicant made transfers within those five years just to qualify for Medicaid, the individual may face a penalty period that delays coverage.
There is currently no lookback rule for home care Medicaid in New York, but the state is scheduled to implement a thirty (30) month lookback period for applicants sometime in 2025.
What is the Medicaid Application Process in New York?
In New York, the Medicaid application process begins with determining an individual’s eligibility for Medicaid benefits based on age, family and living arrangements, and financial circumstances. However, the application process can differ depending on whether a person pursues Institutional Medicaid benefits (nursing home) or Community Medicaid benefits (in-home care).
Applicants must gather documentation that verifies their eligibility, such as income tax returns, bank or brokerage statements, and property or vehicle titles. They may also need documentation proving they need full-time care from home health services or a skilled nursing facility. Medicaid officials will review the application and supporting documentation to determine whether an applicant qualifies for benefits.
Dealing with Medicaid Denials and Appeals
Sometimes, state officials may deny a Medicaid benefits application if they determine that an applicant does not meet the relevant eligibility criteria. Fortunately, the Medicaid system offers applicants an internal appeals process to seek reconsideration or contest the reasons for the denial of their application. In some cases, applicants can submit additional or updated information to help establish their qualifications for benefits.
The Role of an Attorney in Medicaid Planning
A Medicaid planning and applications lawyer in Westchester County can help you or your loved one secure eligibility for long-term care benefits by:
- Reviewing your financial and personal circumstances to determine your eligibility for Medicaid benefits and to develop strategies that meet your family’s specific needs and goals
- Evaluating options for helping you meet eligibility criteria that comply with New York law
- Preparing and executing relevant documentation to support and complete your Medicaid application
- Advocating for your rights and interests during initial review and administrative appeals
When you need help organizing your affairs to apply for Medicaid benefits, let the legal team at Amoruso & Amoruso LLP be your guide. Contact our law firm today for a confidential consultation with a Westchester County Medicaid planning attorney.
