October 2022 Update
Update on the Community Medicaid Lookback!
New York State Department of Health has announced that it will not be implementing the Community Medicaid 30-month lookback earlier than March 31, 2024. In alignment with the requirements under the American Rescue Plan Act relating to Home and Community Based Services, as well as the Maintenance of Effort requirements under Section 6008(b)(1) of the federal FFCRA (Families First Coronavirus Response Act), the state has further delayed implementation. This means that those seeking community-based Medicaid services, such as home care health aides or an assisted living, can still apply for Medicaid long term care and be granted Community Based services without a lookback at transfers of assets. To further break this down, you can still transfer and protect assets and obtain Medicaid community care without being subject to transfer penalties.
May 2022 Update
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.