New York Medicaid Planning Lawyers

Medicaid and Medicare are both federal health insurance programs, but there are important differences. While Medicare provides health insurance for people age 65 or older, it does not pay for extended care such as nursing home or assisted living or other long-term care. These extended care costs can only be covered by Medicaid, but in order to qualify for Medicaid, a person's income and assets must fall below a certain level.

If you are eligible, Medicaid will cover:


If assets are above the threshold, a patient may have to enter a nursing home on a private payment basis and "spend down" to the Medicaid eligibility level before receiving coverage from Medicaid. The individual's home is excluded from the assets calculations, Medicaid can bill the estate for care after the patient passes away. And Medicaid has a "look-back" period, during which certain gifts affect eligibility, preventing a person from simply giving his or her property to his or her children before entering a nursing home.

For 2019, the following rules apply:

  • The asset allowance for an individual is $15,450.
  • Married couples who apply for home care together are allowed to retain $1,267 in monthly income (plus a $20 unearned income credit for some couples) and up to $22,800 in assets.
  • If the applicant is not married and receives health care at home, he or she will be entitled to retain $859 of monthly income (plus a $20 unearned income credit in some instances).
  • An individual, whether single or married, receiving skilled nursing facility care, is allowed to retain only $50 of monthly income as a personal allowance.

Fortunately, you don't need to exhaust all your assets to meet the Medicaid "spend down" requirements. Frederick J. Kramer Attorneys and Counselors of Law can employ different asset protection strategies that protect certain assets while ensuring that you are able to take qualify for Medicaid eligibility to pay for long-term care.

Frederick J. Kramer a Medicaid planning attorney located in Farmingdale NY can provide the details and implications of the Medicaid rules. We have decades of experience in protecting your assets, and we can advise you as you plan for your future and your particular situation.

We can prepare and submit your Medicaid application and represent you before the local Medicaid agency. You can approach the application process confidently, knowing that you have an experienced Medicaid application lawyer working for you.