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The general rule in New York for Medicaid applicants is that any gifts or transfers of assets (money or property) within the “look back” period will trigger a “penalty period” of ineligibility for benefits for that applicant....

The key to understanding New York’s Medicaid program coverages and services is to remember that there are two levels of Medicaid: Institutional (Chronic) Medicaid, or nursing home care, and Community Medicaid or home care. The income limits and resource caps for eligibility are a bit different for each plan....

When a person applies for Medicaid, the New Jersey Family Care Eligibility Determining Agency (EDA) verifies the information. The EDA examines each transfer made by a Medicaid applicant within a five-year “look-back period.” If an applicant violates this rule and is found to have gifted or sold an asset for less than fair market value, the agency will impose a penalty period (“a period of Medicaid ineligibility”)....

The MLTC plan assumes the task that local CASA (“Community Alternative Systems Agency”) or Medicaid offices did previously, which is to determine if an individual requires Medicaid home care....

Medicaid Asset Protection Trusts, also called Irrevocable “Income Only” Trusts or Medicaid Trusts, are used to help those who are getting older shield some of their assets and permit them to meet the eligibility requirements for Medicaid long-term care in New York. ...

Spousal refusal is a legal Medicaid planning strategy in New York. Spousal refusal, also known as “just say no,” is when a non-applicant, or “community” spouse of a long-term care Medicaid applicant refuses to assist with the cost of long-term care for their spouse....

Under the new NY Medicaid look back rules, those who completed their asset protection efforts prior to that date have been grandfathered into the old community Medicaid rules, no matter when they actually apply for benefits. ...