Medicaid Update: Major Changes to Community Medicaid in New York State

The 2020-2021 budget passed by the New York State legislature instituted major changes to the community Medicaid program, which covers the cost of long-term care at home. Effective October 1, 2020, the most significant amendment is that community Medicaid applicants will be subject to a look-back period of up to 30-months, and a transfer penalty for uncompensated transfers made during the look-back. In addition, a bill is currently pending in the New York State legislature to, inter alia, clarify the implementation of the look-back period for community Medicaid.

Lissett Ferreira, Esq. will discuss the legal landscape of the introduction and implementation of a look-back period/transfer penalty for community Medicaid, and its effect on elder law practice.

Learning Objectives:

1. Examine the status of the law on community Medicaid and the impact of a look-back period/transfer penalty
2. Identify open issues/questions regarding how the look-back period/transfer penalty will be applied and implemented in the context of community Medicaid
3. Recognize how these significant changes are anticipated to affect elder law practice, in the short-term and long-term