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Moira S. Laidlaw

NY Home Care Look Back Passed into Law

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 look back period for home care benefits.

Prior to this change, New York State did not impose any look back period for the coverage of home care benefits. The new rules are currently set to be effective as of October 1, 2020. While there is still a great deal of uncertainty as to how these new rules will be implemented by Medicaid, it appears that current Medicaid recipients will not be subject to many of the new rules. However, it does not appear that transfers prior to October 1, 2020 will be exempted from the look back. As a result, there may be penalties for any transfers after April 2018 even if the transfers occur prior to October 1, 2020. With this new look back period, it will become even more important for individuals to consider Medicaid planning and the proactive transfer of assets prior to a care need arising.

We will be updating our firm’s website with the most current information as it becomes available. If you have questions related to the changes, please reach out to Moira Laidlaw.

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