Preserving Your Legacy And Securing Your Family’s Future

Medicaid Planning Services In New York

Last updated on July 30, 2026

Are you planning to apply for Medicaid? Are you unsure what steps you need to take or if you qualify? NY Elder Law Group can help you or your loved one file for Medicaid and get the care you need.

What To Expect When Applying For Medicaid In New York

When applying for Medicaid in New York, there are a few things you will need to keep in mind.

Determine eligibility: The first step in applying for Medicaid is to determine if you meet the eligibility requirements, which can include income, asset limits and medical needs.
Gather required documents: You will need to gather various documents, such as proof of income, assets and medical expenses, to support your application.
Complete the application: You will need to fill out and submit the Medicaid application form, along with the required supporting documents.
Application review: Once your application is submitted, it will be reviewed by a caseworker to determine if you meet the eligibility requirements.
Request for additional information: If the caseworker needs more information or documentation, they will request it from you.
Medicaid determination: If you are found eligible for Medicaid, you will receive a notice of approval, that include the start date of your coverage and any limitations or requirements.
Appeal denials: If your application is denied, you have the right to appeal the decision and request a fair hearing to review your case.

While there are a lot of questions surrounding Medicaid and its ever-changing laws in New York, applying for and receiving Medicaid does not have to be intimidating. At NY Elder Law Group, we will help you determine eligibility, complete your application and assist with everything in between.

Will My Assets Prevent Me From Qualifying For Medicaid?

In New York, you may qualify for Medicaid, even if you believe your assets may make you ineligible. With proper planning, our team can help you prepare and apply for Medicaid benefits. Two types of assets will be evaluated when applying for Medicaid:

Countable assets: Countable assets are assets that are considered available and count towards the limit for Medicaid eligibility. They include:

Cash
Bank accounts
Stocks and bonds
Other assets that can easily be turned into cash
Cash value of life insurance policies

Noncountable assets: Noncountable assets are assets that do not count toward the limit for Medicaid eligibility and include:

Primary residence that is owned and lived in by the applicant or their spouse
One vehicle
Household items
Personal effects
Life insurance policies that are valued at $1,500 or less
Prepaid burial plots and burial funds
Retirement accounts such as 401(k)s and IRAs that are in payout status

With the assistance of NY Elder Law Group, you can develop a strategy to transfer your assets in a way that enables you to meet the eligibility requirements for Medicaid coverage.

What Does A Medicaid Planning Attorney Do?

NY Elder Law Group has helped many families and individuals seek for guidance regarding Medicaid planning, long-term care planning, estate planning and more.

Lead attorney Lori Somekh specializes in providing legal advice and guidance to clients seeking to qualify for Medicaid coverage. She can help clients navigate the complex eligibility requirements for Medicaid, which can include income, asset limits and medical needs. NY Elder Law Group can also assist clients in developing a strategy to transfer assets, if necessary, to meet these requirements.

Additionally, a Medicaid attorney can provide guidance on planning for long-term care needs, including strategies to protect assets while still qualifying for Medicaid coverage. They can also assist with the Medicaid application process, including completing the application and gathering the necessary supporting documents.

In the event of a denial or reduction of Medicaid benefits, a Medicaid attorney can help clients appeal the decision and protect their rights. They can also assist with estate planning, including the creation of trusts or other vehicles to protect assets and ensure that they are passed on to beneficiaries without a court proceeding.

Overall, a Medicaid attorney can provide valuable legal advice and advocacy to clients seeking to access Medicaid benefits and plan for their long-term care needs.

Applying for Medicaid can be complex, intimidating and stressful. From determining your eligibility to reviewing your assets, the application process can feel invasive, especially if you are not ready to accept your need, or a family member’s need, for long-term care.

Emergencies That Might Force You To Apply For Medicaid Early

An emergency that might require someone to apply for Medicaid sooner than expected is a sudden illness or injury that requires extensive medical treatment and care, such as a stroke, heart attack or serious accident. In such cases, medical bills can quickly pile up and become overwhelming, especially if the individual does not have adequate health insurance coverage. Applying for Medicaid can help alleviate the financial burden of care expenses and provide access to necessary care. Another example is the unexpected loss of a primary caregiver, which can lead to a sudden need for long-term care or assistance with daily activities that Medicaid may cover.

If you or a family member are facing an emergency that requires you to apply for Medicaid sooner than expected, NY Elder Law Group can help. Our goal is to ensure that no matter who you are or where you are in your life, you have access to the long-term care you deserve.

Contact A Medicaid Planning Attorney Today

At NY Elder Law Group, we are ready to help you plan for Medicaid and take the proper steps to help you receive your full Medicaid benefits. Since 1997, our lead attorney, Lori Somekh, has helped individuals and families stay in control of their assets and plan for long-term care with Medicaid. Contact us today at 516-246-8319 for a consultation to get started.

Medicaid Planning FAQ

What is Medicaid planning?

Medicaid planning is the process of legally organizing your finances and assets to help you qualify for Medicaid benefits while preserving as much of your wealth as possible. Medicaid planning is used by individuals who may need nursing home care, home care services or other long-term care assistance in the future.

Because Medicaid has strict income and asset eligibility requirements, many individuals do not automatically qualify for benefits. Through Medicaid planning, certain strategies may be used to:

Protect certain assets
Establish appropriate trusts
Address excess resources
Prepare for future care costs

The goal is to help you receive the care you need without unnecessarily spending down a lifetime of savings.

Medicaid planning must comply with federal and New York laws, including rules regarding asset transfers and look-back periods. Our attorney can help ensure that any planning strategy is structured correctly and aligns with your long-term goals.

Why is Medicaid planning important for long-term care?

Long-term care costs can be substantial. The average cost of a private nursing home room in New York can exceed $200,000 per year, making it difficult for families to pay for extended care out of pocket.

Medicaid is one of the primary programs that helps cover these expenses for eligible individuals. Without proper planning, you may be required to spend a significant portion of your savings before qualifying for benefits.

Medicaid planning can help:

Preserve assets for a spouse or family members
Reduce the risk of unnecessary asset depletion
Prepare for future nursing home or home care needs
Address eligibility issues before a health crisis occurs
Create a strategy that complies with New York Medicaid regulations

Planning ahead enables you to have more options available and avoid making rushed financial decisions during a medical emergency.

When should I start Medicaid planning?

The best time to start Medicaid planning is before long-term care becomes necessary. In New York, early planning is crucial because Medicaid eligibility rules may consider certain financial transactions made during a look-back period.

Ideally, you should begin exploring Medicaid planning in your 50s, 60s or early retirement years. This is especially crucial if there is a family history of chronic illness or a likelihood of needing long-term care.

Starting early provides greater flexibility, more asset protection opportunities and additional time to implement strategies that support future Medicaid eligibility. We can evaluate your specific circumstances and develop a plan tailored to your financial situation, family needs and long-term care objectives.

Who can benefit from Medicaid planning?

‍Medicaid planning can benefit seniors concerned about protecting their assets while also ensuring they can access Medicaid benefits if needed. It can also benefit families who want to protect their loved one’s assets and ensure that they receive quality long-term care.

Can I transfer assets to my family members to meet Medicaid eligibility requirements?

Transferring assets to family members can impact your Medicaid eligibility, as nursing home Medicaid has a five-year look-back period. This means that any asset transfers made within the last five years will be reviewed, and penalties may apply.

Can I still access Medicaid benefits if I have assets or income above the eligibility limits?

Yes, even if your assets or income exceed the standard eligibility limits, there are strategies available to help you qualify for Medicaid. We can utilize techniques to reduce your countable assets below the threshold and shelter your income, making it possible for you to access the benefits you need. Medicaid planning can offer solutions to ensure you or your loved ones receive the necessary long-term care, regardless of asset levels.

Can I protect my home during Medicaid planning?

You may be able to protect your home, but the right approach will depend on your living arrangements, the type of Medicaid benefits you need and when you expect to apply. Medicaid may consider a primary residence an exempt asset while you live there or while certain protected family members remain in the home. However, an exemption for eligibility purposes may not prevent a later estate recovery claim.

Possible strategies may include transferring the home to your spouse, a qualifying child or another exempt recipient. An irrevocable trust may also support long-term planning. Each option can affect your taxes, control of the property and Medicaid eligibility. Before changing the deed or transferring ownership, you should have your circumstances reviewed carefully.

Will my spouse be financially protected if I need Medicaid?

Medicaid rules include protections designed to prevent the spouse who remains at home from losing all income and assets. Your spouse may keep the marital residence, a portion of your combined resources and a certain amount of monthly income while you receive long-term care.

The amount your spouse may retain will depend on current Medicaid limits, your income, your assets and the type of care involved. In some cases, your spouse may be able to request a higher allowance. Careful planning can help identify which assets Medicaid will count and which protections may apply to your spouse.

Can I give away assets and still qualify for Medicaid?

Giving away assets can affect your eligibility. For nursing home Medicaid, New York generally reviews transfers made during the five years before your application. A gift made during that period may create a penalty period during which Medicaid will not pay for your nursing home care.

Some transfers may qualify for an exemption, including certain transfers to your spouse, a disabled child or another qualifying family member. However, the rules involve many conditions, and an improper transfer can delay benefits. You should not give away cash, investments or real estate simply to reduce your assets. A legal review can help determine whether an exception applies and whether another planning method would be safer.