Posts Tagged ‘Medicaid New York’

Starting on May 1, 2018, Medicaid subscribers in New York state will see drastic changes to their appeals process. These changes place more procedural requirements on those seeking to appeal Medicaid determinations. An experienced New York elder law attorney can help Medicaid subscribers who need assistance with their Medicaid appeals. For decades, the elder law […]

New York Legal Resources

February 10th, 2019 by David Goldfarb

New York Laws, Regulations & Policies N.Y. Consolidated Laws, Session Laws, Legislative Bills N.Y. Health & Welfare Regulations: Title 10 Title 18 New York Medicaid Reference Guide (MRG) Official Policies (ADM, INF & GIS): 1996 – present NYS DOH Medicaid Library of Official Documents (ADM, INF & GIS): 1996 – present Medicaid Policy Directives to […]

Previously, we had advised that Medicaid applicants or recipients must apply for Medicare if they are ages 64 and nine months, and have income at or below 120 percent of the Federal Poverty Level (or income at or below set state requirements for Medicaid eligibility). Between November 2017 and February 2018, about 30,000 New York […]

For many New Yorkers, Medicaid benefits are a vital part of their overall health care plan. Maintaining these benefits are a crucial step toward ensuring they and their families receive needed medical care. However, some Medicaid recipients must first apply for Medicare as a condition of their eligibility for Medicaid. The experienced New York elder […]

New York will apply Medicaid “spousal impoverishment” budgeting rules for home care under the Managed Long Term Care (MLTC) program. New York’s laws on spousal impoverishment budgeting, New York Social Services Law § 366-c(2)(a), was amended in 2013 to include for the purposes of budgeting under the definition an “institutionalized spouse” a person who is […]

New York State’s 2014 budget bill  added additional due process protections to persons receiving home care under the Medicaid Managed Long Term Care (MLTC) Program.  The bill makes clear that when an MLTC provider determines to eliminate or reduce home care services and a fair hearing is timely requested, then the recipient must continue to […]

Couples, where one person is receiving Medicaid home care through the Managed Long Term Care program will be able to use the “spousal impoverishment” budgeting rules or the old community based budgeting rules – whichever is more favorable. On Sept. 24, 2013, New York State Department of Health announced that “spousal impoverishment protections” are available […]

New York Medicaid New Resource Documentation Rules

September 6th, 2013 by David Goldfarb

There are three distinct resource documentation requirements depending on the type of Medicaid applied for. The three types of Medicaid coverage and the resource documentation requirements are: (1) Community Coverage Without Long-Term Care – requires a self-attestation to the amount of current resources; (2) Community Coverage With Community-Based Long-Term Care – requires proof of current […]

Some recent Medicaid Developments in New York State

September 6th, 2013 by David Goldfarb

The Deficit Reduction Act of 2005 (S 1932) enacted Feb. 8, 2006, creates major changes in the Medicaid Transfer of Asset rules: (1) creates a five year look back; (2) calculates a penalty or waiting period from when a person is receiving institutional care and would be otherwise eligible; (3) creates limits on home equity; and (4) requires […]

Medicaid coverage was expanded as of July 1, 2003, to working disabled individuals with incomes up to 250 percent of the Federal Poverty Level. Congress enacted the Medicaid Buy-In option for states in the Balanced Budget Act of 1997 (§ 4733) and enhanced the option in the Ticket to Work and Work Incentive Improvement Act […]