The Medicaid Home Care Clock Is Ticking

In 2020, New York passed a law imposing a 30-month lookback period for Medicaid home care—similar to the lookback period already in place for nursing home care. 

Because of COVID-related easements, implementation has been delayed multiple times. But now, although we haven’t received an official update from the Department of Health, it appears that the requirements for implementation have been met, New York will likely implement the new rule this Fall. 

What this means for you: 

Until now, there has been no lookback period for home care. Medicaid applications have been processed under the old rules—allowing families to protect assets by doing transfers and then qualify for Medicaid home care right away. 

Once the new rule takes effect, any gifts or transfers made in the 30 months prior to applying will cause a penalty period, during which time Medicaid will not pay for care.

Take Action Now:

• If you or a loved one may need care soon, you will want to seek expert advice about doing transfers right away and file before the new rule takes effect so you can be grandfathered in under the current, more flexible system. 
• Even if you don’t need care yet, completing your estate and Medicaid planning now will start the 30-month clock, so you’ll be eligible when the time comes. 

Don't wait until it’s too late—once the law is implemented, planning will become far more difficult and expensive. 

Contact us today to schedule your Medicaid planning strategy session. Let’s protect your future while the old rules are still in effect.