• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Law Offices of Kobrick and Moccia

Long Island Estate Planning Attorneys

ESTATE, TRUST PLANNING &
ELDER LAW INFORMATION CENTER

Call Now: (800) 295.1917

  • Attend Our Free Webinars
  • Home
  • Our Firm
    • About Our Firm
    • Client Testimonials
    • Meet Our Team
  • Services
    • Blended Family Planning
    • Elder Law
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration
  • Elder Law
    • Coping With Alzheimer’s
    • Guardianship
    • Medicaid Planning
    • Nursing Home Planning
  • Resources
    • Articles
    • Elder Law Resources
      • Commack Elder Law
      • Elder Law Reports
      • Harrison Elder Law
      • Hauppauge Elder Law
      • Rockville Centre Elder Law
      • White Plains Elder Law
    • Estate Planning Definitions
    • FREE Estate Planning Worksheet
    • FREE Seminars
    • Frequently Asked Questions
      • Elder Law
      • Estate Planning
      • Families Without an Estate Plan
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid
      • Probate
      • Trust Administration
      • Trust Administration & Probate
      • Wills and Trusts
    • Is My Estate Plan Outdated?
    • Legacy Wealth Planning Consultation Form
    • Medicaid Resources
    • Probate Resources
      • Harrison Probate
      • Hauppauge Probate
      • Long Island Probate
    • Probate Checklist
    • Special Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
      • Trust Administration
    • Top Estate Planning Techniques
  • Communities We Serve
    • Nassau County
      • Garden City
      • Lynbrook
      • Malverne
      • Rockville Centre
    • Suffolk County
      • Commack
      • Dix Hills
      • Hauppauge
      • Nesconset
      • Smithtown
    • Westchester County
      • Harrison
      • Mamaroneck
      • Rye Brook
      • White Plains
  • Webinars
  • BLOG
  • Reviews
    • Our Reviews
    • Review Us
  • Contact Us
Home » Medicaid Planning » New York Medicaid Eligibility Rules and a Community Spouse

New York Medicaid Eligibility Rules and a Community Spouse

July 11, 2016 by Anthony Moccia

Medicaid eligibility rulesThe odds that you, or your spouse, will need long-term care during your retirement years increases with each passing year. If you are already looking at the need for nursing home care for a spouse, you are also probably looking at the cost of that care – and if you live in the State of New York you can expect the cost to be exceptionally high. Like almost half of all seniors, you will likely turn to Medicaid for help paying the expenses your spouse will incur; however, you may be concerned about the eligibility requirements for Medicaid. Specifically, the resources and income limits may concern you. Where does it leave you if you reduce your estates and income to the level required for your spouse to qualify for Medicaid? Because the eligibility guidelines and procedures can be complicated, it is in your best interest to consult with a New York Medicaid attorney before applying for benefits; however, it may also be helpful to have a general understanding of the New York Medicaid Eligibility rules and how they impact a community spouse.

Qualifying for Medicaid – The Income and Asset Limits

Although Medicaid will cover nursing home expenses, you must first qualify for benefits. To qualify, you must have income and assets, or “countable resources” that fall below the program limits – and those limits are very low. Although the State of New York makes allowances for the high cost of living in the state, it is still easy for an applicant to exceed the income and/or asset limit.

What Happens If You Are Over the Limit?

If the value of your assets exceeds the program limit you will be expected to rely on those assets for a period of time before Medicaid will approve you for benefits. The “waiting period” during which you will be ineligible for benefits is calculated using a complicated formula that takes into account the value of your assets and the average cost of long-term care in your area. The bottom line, however, is that if the value of your assets exceeds the program limit you will likely lose a significant portion of those assets paying for nursing home care before Medicaid starts helping. Transferring assets in anticipation of the need to qualify for benefits won’t help either because Medicaid uses a five year “look-back” rule that effectively discounts any assets transfers made during the five-year period prior to your application and imputes the value of the assets back into your estate.

How Is the Community Spouse’s Income Treated?

Fortunately, the income of the community spouse is not counted in determining the Medicaid applicant’s eligibility. Only the applicant’s income is used to determine eligibility for Medicaid; however, if the spouse’s income exceeds a certain limit the applicant may have to contribute to the cost of care. Conversely, if the applicant is the spouse with all of the income, the community spouse will not be left impoverished. The community spouse may keep up to the “Minimum Monthly Maintenance Needs Allowance” (MMMNA) which, in the State of New York is set at $2,980.50 for 2016.

Can a Community Spouse Keep Any of the Couple’s Assets?

The other good news is that a community spouse may also be able to keep some of the couple’s resources, or assets. As a general rule, a community spouse may keep one-half of the couple’s total “countable” resources up to a maximum of $119,220 in 2016. There is also a minimum resources allowance set at $74,820.00 in the State of New York for 2016. The resources allowance also helps ensure that a community spouse is not left impoverished as a result of the need for a spouse to qualify for Medicaid benefits.

Given the complexity of the Medicaid eligibility rules, and the fact that the rules and limits are subject to change, it is always best to consult an experienced New York Medicaid attorney as soon as you realize the need for benefits if you failed to include Medicaid planning in your overall estate plan early on in your life.

Contact Us

For more information, please join us for an upcoming free seminar. If you have additional questions or concerns about the New York Medicaid eligibility guidelines,  contact the experienced New York Medicaid attorneys at the Law Offices of Kobrick & Moccia by calling 800-295-1917 to schedule your appointment.

  • Author
  • Recent Posts
Anthony Moccia
Anthony Moccia
Anthony Moccia is an attorney and partner at The Law Offices of Kobrick & Moccia.His practice focuses on estate planning and elder law.He is a member of the New York State and Nassau County Bar Associations.He frequently presents free seminars on wills & living trusts to area residents and his seminars are said to be “informative, entertaining & easy to understand.”
Anthony Moccia
Latest posts by Anthony Moccia (see all)
  • “Last Will and Testament” Origin - April 1, 2021
  • Do I Need a “Durable” Power of Attorney? - April 2, 2020
  • Joint Tenancy Pros and Cons - March 31, 2020

Filed Under: Medicaid Planning

Other Articles You May Find Useful

Harrison Medicaid lawyers
Will Medicaid Pay for Assisted Living Expenses?
countable asset for Medicaid
What Is Considered a Countable Asset for Medicaid?
Hauppauge Medicaid lawyer
What Is the Medicaid Transfer Penalty?
Harrison Medicaid attorneys
Protecting Your Assets from Medicaid Spend-Down
Medicaid attorneys
Medicaid Attorneys Explain When a Waiting Period May Be Imposed
Harrison Medicaid attorneys
Harrison Medicaid Attorneys Uncover Top 5 Medicaid Myths

Primary Sidebar

Law Offices of Kobrick and Moccia

Download our free estate planning worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • LinkedIn
  • RSS
  • Twitter

Blog Subscription

  • This field is for validation purposes and should be left unchanged.

GARDEN CITY

1305 Franklin Avenue Suite 170
Garden City, NY 11530
United States (US)
Phone: (516) 248-9500
Fax: (516) 248-7606

HAUPPAUGE

150 Motor Parkway Suite 401 (Regus)
Hauppauge, NY 11788
United States (US)
Phone: (631) 941-3400
Fax: (516) 248-7606

HARRISON

600 Mamaroneck Avenue, 4th Floor
Harrison, NY 10528
United States (US)
Phone: (914) 701-0777
Fax: (516) 248-7606

MAP

kobrick_sidbr_map

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM

Footer

footer-logo
  • Facebook
  • LinkedIn
  • Twitter

The information on this Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Kobrick and Moccia, Attorneys at Law. Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys

Law Offices of Kobrick and Moccia
Attorney Advertisement
© 2023 American Academy of Estate Planning Attorneys, Inc.