Posts Tagged ‘New York’

A supplemental needs trust (“SNT”) enables a person with a disability to maintain eligibility for government benefits (for example, Medicaid and Supplemental Security Income (SSI)). The purpose of the SNT is to enhance the quality of life for a disabled person. Historically, Estate of Escher, 94 Misc. 2d 952, 407 N.Y.S.2d 106 (Surr. Ct. Bronx Cty., […]

Supplemental Needs Trusts For Disabled Persons

September 6th, 2013 by David Goldfarb

A Supplemental Needs Trust is a trust created for a chronically and severely disabled beneficiary which supplements government benefits such as Medicaid rather than diminishing such benefits. Medicaid and other government benefit programs consider the resources and income of an individual for purposes of determining eligibility for assistance and the amount of such assistance. With a Supplemental Needs Trust, […]

Persons being discharged from a hospital or nursing home will often first get home health services under Medicare and Medicaid from a Certified Home Health Agency (CHHA).   Medicare CHHA services are limited and have strict criteria. Medicare CHHA services are only available if the recipient is homebound and requires the intermittent services of a skilled nurse or therapist. Medicare […]

Medicaid coverage is 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 (ยง 4733) and enhanced the option in the Ticket to Work and Work Incentive Improvement Act […]

Use of Trusts in Medicaid Planning in New York

September 6th, 2013 by David Goldfarb

The use of trusts in Medicaid planning raises a number of issues. The two most important are: (1) How will the transfer of assets into the trust be treated? And (2) How will the assets in the trust and the income from the trust be treated by Medicaid? In order to fully answer these questions […]