Under current law, certain transfers of assets by a Medicaid applicant or recipient do not result in any transfer penalties. Any asset of any value or type can be transferred without penalty to a disabled child of any age. The law allows for transfers to the applicant’s child who is certified blind or disabled.
The production of the child’s disability award letter to the Medicaid agency can serve as proof of the child’s disability.
While producing the child’s disability award letter may be straightforward, what happens in a case where no disability determination was ever made?
According to a New York State Department of Health directive (NYS DOH GIS 08 MA/036), you may request a Medicaid disability review for the non-applying adult child. Thereafter, a disability review packet will be compiled and sent to the State Review Team for determination.
Although assets in any amount can be transferred to a disabled child of any age without affecting the Medicaid eligibility of the transferor, several other factors must be considered. The disabled child may be receiving government benefits and it should be determined whether the transfer will affect the disabled child’s eligibility for such benefits. For example, if the disabled child is receiving SSI benefits, a transfer to the child could mean the loss of the child’s SSI as well as Medicaid. Whenever a transfer of assets to anyone other than a spouse is contemplated, the gift tax consequences of the transfer must be explored as well.
If you have any questions regarding transfers to a disabled child, please contact us.
Russo Law Group, P.C.
100 Quentin Roosevelt Blvd., Suite 102
Garden City, NY 11530