The New York State Department of Health (DOH) has once again delayed the implementation of 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 submitted after the new rules are implemented, which right now is slated to be July 1, 2022.
It’s important to note that the Centers for Medicare and Medicaid Services (CMS) have still not decided on whether this change will be acceptable or not. In order to implement these changes, the DOH needs to obtain permission from CMS. Even if CMS does grant DOH’s request, the implementation date will mostly depend on whether we are still in a federal Public Health Emergency.
As a reminder, if transfers are made after October 1, 2020, but an application is filed before the look-back period is implemented (i.e., before July 1, 2022), no penalties will be incurred. This gives families with loved ones who currently need some help at home a window of time where they can transfer assets and apply for Medicaid without penalty.
Medicaid applications for nursing home care will continue to be subject to a sixty (60) month look-back period. Having an adequate home care plan in place can help delay or even avoid a nursing home placement for many elders. In addition, home care plans can also be developed for residents of independent or assisted living facilities, which can help delay or avoid a nursing home placement.
If you or someone that you know may need some help at home, whether now or in the future, please contact the elder law team at Laidlaw & Simon to schedule a consultation
