As you may have heard, New York State intends to implement a new lookback and related transfer penalty that will apply to Medicaid applicants seeking community based long term care services, such as home care or assisted living care. While the new rule was in place since October 1, 2020, the implementation has been delayed several times during the Coronavirus Pandemic. It has now been further postponed due to protections enacted under the Families First Cares Act (FFCRA). The federal act prohibits states from restricting eligibility during the Public Health Emergency (PHE). Further, the New York State Department of Health has not yet issued guidance on the specifics of how the lookback will be implemented. At this point, the lookback will not begin before October 1, 2022, and may even be delayed further. That is good news for you. It means that while the PHE is ongoing, you still have time to preserve and protect your assets and become eligible for Medicaid home care services. Be sure to do so immediately but certainly before October 1, 2022. If you wait and need home care or assisted living Medicaid services once the lookback has been implemented, then uncompensated transfers of your assets that were made within 30 months of your application (only going back to October 1, 2020) may result in a transfer penalty. If you haven’t yet consulted with an elder law attorney, now is the most opportune time to do so before the new law is implemented. Call us today and we can help you get started.