Medicaid Planning Services In New York
Last updated on June 18, 2026
Are you planning to apply for Medicaid? Are you unsure of 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, which will 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 anything in between.
Will My Assets Prevent Me From Qualifying For Medicaid?
In New York, you may qualify for Medicaid, even if you believe that 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
Non-countable assets: Non-countable assets are assets that do not count towards 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
- Retirements accounts like 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 a number of families and individuals looking 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 who are 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 who are 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, the 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 might be 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 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 very crucial, especially 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 lookback period of five years. 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 accountable 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.