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Reminder: Significant Changes to Eligibility for Home Care Medicaid Coming October 1

Reminder: Significant Changes to Eligibility for Home Care Medicaid Coming October 1

On October 1, 2020—in two weeks—eligibility criteria for in-home care (“Community Medicaid”) in New York will change dramatically.

Passed in April by the New York Legislature, the new laws restrict eligibility for elderly and disabled applicants seeking home care and other community-based long-term care through Medicaid.

Read our previous post on the subject here.



Under the new laws, elderly and disabled applicants for community Medicaid will be subject to a new lookback period of 30 months to determine eligibility.

The New York State Department of Health has not yet provided a written policy detailing how they will implement the new lookback, but based on verbal direction, it is our understanding that any transfers made on or after October 1, 2020 will be subject to it.

Gifts and other asset transfers made by applicants after this period will incur a “penalty period,” during which they would be ineligible for Medicaid assistance.

Prior to this new rule, there was no lookback period or penalty imposed for transfers made when applying for Community Medicaid.

Qualifying for institutional (nursing home) Medicaid, however, has and still involves a 5-year lookback period.



If you or a loved one require or may require Medicaid assistance for in-home care within the next thirty months, we urge you to contact us as soon as possible to discuss planning options for qualifying and for protecting your assets. Stay tuned for more updates by signing up for our mailing lists.

Our team is available by phone, email, and teleconferencing to help you.


Constantina Papageorgiou is a partner in Vishnick McGovern Milizio LLP's Trust and Estate and Elder Law Practices, focusing on estate planning and administration and elder law matters. She can be reached at cpapageorgiou@vmmlegal.com and 516.437.4385 x141