Effective January 1, 2018, Medicaid regional rates for calculating transfer penalty periods for 2018 were increased from 2017.
The regional rates are:
Long Island $13,053
New York City $12,319
Northern Metropolitan $12,428
These rates are based on average nursing home costs in each of the seven regions in New York State (i.e., Long Island, NYC, Northern Metropolitan, Rochester, Northeastern, Western, and Central).
What this means for families planning for Medicaid eligibility is the following. If a man, living in Suffolk County, transfers his sole asset, a bank account worth $130,530 to his only child, he will be ineligible for chronic care Medicaid benefits for ten (10) months ($130,530 transfer divided by $13,053 (regional rate for Long Island)). Despite what many have been led to believe, Medicaid does not attempt to take this transferred money from this family. Instead, what Medicaid does is deny the application of this father when he applies for benefits. Presumably, he is in a nursing home and in need of skilled nursing care. Again, Medicaid does not take this money, but effectively says to the family, “we are not paying his nursing home bills for ten months, you pay it.” Usually, this results in the son spending the money that was recently transferred to him.
If you, a family member, or loved one is seeking Medicaid to pay for a nursing home bill and the resident has made gifts in the past call Futterman & Lanza, LLP to discuss their eligibility. It is a free initial consultation.
Futterman & Lanza, LLP has offices in Smithtown, NY and Valley Stream, NY and clients throughout Suffolk, Nassau, Queens, Brooklyn, Bronx, Richmond, New York, Westchester, and Rockland Counties. Futterman & Lanza, LLP concentrates its practice to Elder Law, Medicaid Planning, Medicaid Applications, Estate Planning, Probate, Estate Taxes, and Estate Administration.