As many know by now, the New York State Department of Health (DOH) has been taking steps to implement a thirty (30) month look-back period for Medicaid Applications filed for Community-Based Long Term Care Services (i.e. home care). The look-back period would apply to gifts made on or after October 1, 2020, but only for those applications […]
Medicaid Home Care Look-back Period – Delayed Again Read More »
Whether commercial or residential, land ownership comes with many responsibilities. One such obligation is compliance with local zoning regulations. Zoning ordinances can cover a broad spectrum of activities and conditions, including nonconforming uses, noise restrictions or even chipped paint. When a municipality determines that a landowner is in violation of a zoning regulation, an Order
New York Zoning Basics: What Landowners Need to Know Read More »
On December 15, 2020, Governor Andrew Cuomo signed a bill into law with the intent of simplifying New York’s Power of Attorney law. This new law goes into effect on June 13, 2021. What is a Power of Attorney? A Power of Attorney is a legal document that allows an individual (the principal) to name
New York State Adopts New Power of Attorney Law Read More »
Individual owners of real property who rent space or use their property for business purposes should consider transferring title to a limited liability company or corporation. The primary reason for having title held in the name of the business entity is to limit the owners’ liability against the claims of tenants, guests, invitees and others
When to Transfer Real Property to an LLC or Corporation Read More »
Lower Federal Estate Tax Exemption Potentially Coming in March and Upcoming Changes (for worse) to NY Home Care Medicaid The pandemic occupied most of our thoughts and overwhelmed almost every aspect of our daily lives in 2020. Most of us looked forward to 2021 with the hope and expectation that the new year would bring
Estate Tax and Medicaid Home Care Changes – What to Expect in 2021 Read More »
Important changes are coming to our New York State Medicaid Home Care rules. As you may recall from our earlier article, the most notable change will be the institution of a thirty month lookback period for home care benefits. Though the NYS Department of Health still must issue official guidance, it appears that the new lookback period
NY State Medicaid Home Care Rules Changes Read More »
Clients invariably want to amend their wills by use of the codicil—an addition or supplement that adds to or modifies a prior will in whole or in part. This device was beneficial when wills were written by hand, and even later with the invention of the typewriter. No longer did attorneys or their staff need
A Codicil Is Seldom a Good Idea Read More »
Article 81 of New York’s Mental Hygiene Law empowers the supreme court, after a hearing, to appoint a guardian to manage the personal and/ or financial affairs of a person who, due to incapacity or functional limitations, cannot manage on their own. However, Guardianship Orders are not one size fits all. Guardianship Orders must impose
Using Article 81 Guardianship to Protect Spouses from Devastating Health Care Costs Read More »
In the midst of the current coronavirus situation, New York State has announced that as part of their new budget that they will be amending their Medicaid rules regarding the coverage of community-based long term care services (i.e., home care services). The most notable and drastic change will be the institution of a thirty month
NY Home Care Look Back Passed into Law Read More »
We continue to see instances where group health insurers deny coverage to women who elect to have reconstructive surgery following a mastectomy. With the exception of certain church plans and governmental plans, this practice is in derogation of both federal law and the law of New York State. The federal Women’s Health and Cancer Rights
Wrongful Denial of Benefits for Reconstructive Surgery Following Mastectomy Read More »
