The Era of No Lookback Periods for Medicaid Homecare Is Finally Coming to an End In New York!
* By: Anthony J. Enea, Esq.
Barring another pandemic or other significant health emergency, on March 31, 2024, the days of being able to gift away your assets in New York without creating any period of ineligibility for Community Medicaid a/k/a Medicaid Homecare will be coming to an end. On March 31, 2024, any uncompensated transfer of assets (gift of assets) will create a thirty-month (30) lookback period for community Medicaid retroactive to all uncompensated transfers made on or after October 1, 2020. It should be noted that although these transfers have had no impact on eligibility for community Medicaid for decades, they have always created a sixty (60) month (5 year) lookback for Medicaid nursing home.
This change in the law will have a major impact on seniors who want to age in place (at home) and access the Medicaid home care program which provides seniors with paid home health aides. The aides assist seniors in performing activities of daily living (ADL’s) (walking, dressing, feeding, toileting, and bathing). Thus, if on April 1, 2024 a single person (no spouse) has non-IRA/non-retirement liquid assets greater than the resource exclusion ($30,180 for 2023) they will be creating a thirty (30) month (2 ½ years) lookback and ineligibility period for community Medicaid, unless, a “Medicaid Crisis Plan” can be implemented for the applicant’s resources which would help reduce the ineligibility period below thirty (30) months.
For seniors who are currently struggling to remain at home (including an assisted living facility) because of both physical and cognitive incapacities, the implementation of the thirty (30) month lookback can be a devastating blow. Thus, we are encouraging our clients who are in need of assistance with their ADL’s to make the requisite transfer of their non-IRA/non-retirement resources above the current resource limit prior to March 31, 2024 and to apply for community (homecare) Medicaid before March 31, 2024. It is critical that both the transfer and application for Community Medicaid be made before said date to avoid the thirty (30) month lookback. Although one’s physical incapacities may not be significant enough to warrant twelve or twenty-four hours of care per day, it is important to be in the system and receiving any amount of approved care before the thirty (30) month lookback commences. As one’s condition continues to deteriorate and additional hours of care are required one can request that their care needs be reevaluated and that additional hours of care be provided. Being proactive in seeking homecare prior to March 31, 2024 is of great importance.
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* Anthony J. Enea is a member of Enea, Scanlan and Sirignano, LLP of White Plains, New York. He focuses his practice on Wills, Trusts, Estates and Elder Law. Anthony is the Past Chair of the Elder Law and Special Needs Section of the New York State Bar Association (NYSBA), and is the past Chair of the 50+ Section of the NYSBA. He is a Past President and Founding member of the New York Chapter of the National Academy of Elder Law Attorneys (NAELA). Anthony is also the Immediate Past President of the Westchester County Bar Foundation and a Past President of the Westchester County Bar Association. He can be reached at 914-948-1500 or at www.esslawfirm.com
