Should You Disinherit a Family Member Because They are Receiving Some Kind of Government Benefits?

One of the most frustrating things as a Special Needs planning attorney is to have someone in my office doing planning and they tell me that they need to disinherit a family member because they are receiving some kind of government benefits.  Their mindset is that they are looking out for that loved one, but… Read More »

When is a gift not a gift?

As a planner, I sometimes hear things like: “I thought I could give my kids $10,000” “I’ll just sell my house to my children for $1” “Can I pay my grandson’s college tuition and not have to worry about Medicaid? “I will not give my daughter money to buy a car, I’ll just buy it… Read More »

Can I Revoke My Irrevocable Trust?

When it comes to protecting your assets from the costs of a long-term illness, such as a nursing home, the Medicaid Asset Protection Trust is a staple planning technique.  It is an effective way to protect your home (and other property) as well as certain liquid assets in the event you require long-term nursing home… Read More »

Changes Coming to Medicaid and Managed Long Term Care

If you are receiving Medicaid benefits in the community (ie, getting care at home), you are probably enrolled with a Managed Long Term Care (MLTC) provider.  The MLTC contracts with various home care agencies who provide the care. As part of the 2018/2019 budget, the New York State Department of Health (overseers of the program)… Read More »

If I apply for Medicaid, is my home exempt?

A homestead is defined by Medicaid as the primary residence occupied by the applicant, the applicant’s spouse, or the applicant’s minor, disabled or blind child. A homestead is exempt for purposes of Medicaid eligibility under certain circumstances. The law limits that the applicant’s net equity in the home must be valued at or below $858,000… Read More »

Am I Eligible for Community Medicaid ?

OK, you have done your Google search.  You read about Community Medicaid but you don’t believe that your loved one qualifies because they have too much money in the bank, their income is too high, or both. In order to be eligible for Medicaid Home Care (Community Medicaid) services you must meet the following criteria:… Read More »

Have You Selected Your Health Care Plan for 2018?

In March 2010, former President Barack Obama signed into law the Patient Protection and Affordable Care Act (often referred to as the “Affordable Care Act” or sometimes “ACA”).  It has also been nicknamed as “Obamacare”.  The Affordable Care Act has three primary goals: Make affordable health insurance available to more people Expand the Medicaid program… Read More »

Amendment to the Minimum Wage Order for Home Care Aides Who Work a Shift of 24 Hours

Back in September, the home care industry’s business model was challenged.  Historically, home care agencies paid live-in home care aides as follows – 13 (of 24) hours for work 8 hours for sleep (5 which are uninterrupted), and 3 uninterrupted hours for meals. The NY State Appellate Division decided two cases on the issue of… Read More »

Were Your Covered Hours of Care Reduced After Switching from Guildnet to a New MLTC? You May Be Eligible to Have Your Hours Restored.

Back in November 2016, we reported that managed long term care provider, Guildnet was no longer providing Medicaid services in Nassau, Suffolk or Westchester County. Participants in Guildnet were left with transitioning to a new MLTC provider. In some cases, the participant was notified by the new MLTC that they would be receiving fewer hours… Read More »