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Articles In the News

What Did The Proposal To Eliminate Medicaid Spousal Refusal Mean To New York Families

The 2012 - 2013 Executive Budget proposed an amendment to Social Services Law §366(3)(a) to provide that for Medicaid eligibility the income and resources of a legally responsible relative (including a spouse) would be resources for home care services.

Spousal Planning Issues

Under the Medicare Catastrophic Coverage Act (MCCA), states are given the discretion to establish an income allowance for the community spouse (which, in 1989, was $1,500) to be adjusted every year for inflation. New York has consistently chosen the highest income allowance, which currently is $2,841 per month.

Monthly Archives: October 2015

Dealing with Asset Transfers

By: Anthony J. Lamberti, Esq., Chairman, Elder Law Committee The gravamen of this article is how to assess gifts made by an individual who must now apply Medicaid due to a nursing home admission. The usual scenario is that the applicant has transferred or gifted a significant sum of money to help a family,… Read More »

By Anthony Lamberti | Published October 13, 2015 | Posted in Advanced Medical Planning, Guardianship, Medicaid Planning | Leave a comment

Current Events in Elder Law

By: Anthony J. Lamberti, Esq., Chairman, Elder Law Committee I’ve written previously about the legal basis for a nursing home to seek payment for services from residents of a skilled nursing facility or other responsible parties. There are countless cases involving nursing homes petitioning for an Article 81 Guardian that would have… Read More »

By Anthony Lamberti | Published October 9, 2015 | Posted in Guardianship | Leave a comment

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Monthly Archives: October 2015

Dealing with Asset Transfers

Current Events in Elder Law