Although it may not seem that Covid-19 is a thing of the past, according to New York State’s Medicaid program, some of the relaxed rules enacted during the pandemic are quickly coming to an end.

What Is Changing?

During the Public Health Emergency, an applicant was able to file a Medicaid application without submission of all of the standard eligibility documentation (i.e., bank statements) by signing an Attestation that the applicant attempted to, but was unable to obtain the missing paperwork. In addition, all approved cases were automatically renewed without a formal Recertification which requires the applicant to provide updated bank statements and income verification to maintain Medicaid eligibility status.

Effective July 1, 2023, under the Consolidated Appropriations Act of 2023, all new Medicaid applications will be processed under the pre-pandemic rules using full eligibility documentation which eliminates the Attestation option.

Renewal Cases

With regard to renewal cases with end dates through May 31, 2023, they will be automatically extended, however, renewal cases with end dates of June 1, 2023 and future months, will resume the Recertification process to continue benefit coverage.  The Medicaid Assistance Program (MAP) anticipates mailing renewal packages beginning as early as March or April of this year for June (or later) renewals. All applicants must respond to the renewal packages.

Pooled Income Trusts

Since the monthly income limits for Homecare Medicaid has increased substantially this year (currently $1,583 as opposed to $954 in 2022), it is also a good time to analyze your loved one’s income budget and consider if a Pooled Income Trust is still needed for an income overage during the Recertification process.

You should promptly forward any packets or letters received from NYC Human Resource Administration (HRA for NYC) or Department of Social Services (for long island) to a qualified elder law attorney for review and analysis.  Please call an experienced Russo Law Group, PC attorney at (516) 683-1717 or email me at [email protected].