Are the NYS Medicaid cuts harmful to seniors and their families?


New York has traditionally been one of the most generous states in the country with respect to Medicaid benefits.  The NYS legislature, on April 2, 2020, passed a set of cuts to benefits that will be harmful to vulnerable seniors and their families.  It was widely anticipated that significant restrictions on the Consumers Directed Personal Assistance Program (CDPAP) would be implemented, 60-month look-back for Home Care would be rolled out, there would be elimination of Spousal Refusal Protections and a reduction in the Community Spouse Resource Allowance (CSRA).

Upon a preliminary review, it is being reported that a 30-month look-back for Home Care has been implemented thereby creating a transfer penalty in the same manner there are transfer penalties for nursing home care. The effective date is October 1, 2020, but there is a lack of clarity on who it applies to and how it applies.

The Legislature was successful in rejecting changes to Spousal Refusal, so that remains intact and there does not appear to be any changes to the minimum CSRA.  

It’s never too early or too late to plan!  As the new rules do not go into effect until October 1, 2020 (possibly later due to the novel Covid disaster), the time to act is now.  We are happy to help you to plan in advance but if your loved one needs homecare or nursing home care now, please contact us as soon as possible and we can begin the process. 

Please contact us to schedule your free legal consultation.  email: lisa@elderattorneylongisland.com  Telephone: (516) 271-3032 Text directly from our website: www.elderattorneylongisland.com The above is provided for informational purposes; Recommendations for your matter may differ.

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