New Medicaid Home Care Rules Help Keep Loved Ones at Home

There are many benefits to Medicaid Assistance, including the ability for seniors to age at home and receive care from a family member in a familiar environment.

However, in order to qualify for Medical Assistance for Home Care Services/Community Medicaid (Medicaid), an individual’s assets cannot exceed $15,150.00—this is the combined total of all assets in all accounts, i.e. checking, savings, and the cash value of a life insurance policy. Retirement Accounts (IRAs, 401(k)s, etc.) are exempt so long as they are in pay status in accordance with the Medicaid rules. There is also a statutory $825.00/month allowance for income, plus a $20.00/month “disregard.”

New Medicaid Home Care Rules Help Keep Loved Ones at Home 19563751

When it comes to meeting these requirements, there are many ways that an elder law attorney can help an individual preserve and protect the assets, and qualify for the program.

For example, the income over $845.00 can be protected by establishing a Pooled Income Trust. A Pooled Income Trust is created with a charitable organization (only certain, specific charities can be used for the purpose).

Once someone has been enrolled in Community Medicaid, the program offers coverage for Home Care / Personal Care Aide. As mentioned, one of the newest benefits is that a family member can be paid by the Medicaid Program. The Consumer Directed Personal Assistance Program (CDPAP) under Medicaid administers this benefit, but there is a caveat: the family member cannot be legally responsible for the Medicaid recipient.

I welcome the opportunity to help my clients stay at home—where they can receive one-on-one care in a familiar environment.

Complying with Medicaid’s strict financial requirements is complicated. It is important to speak to an attorney who has experience helping people with these requirements.

An experienced elder law attorney comes equipped with a knowledge of the nuances and intricacies of the application process, as well as evidence-based best practices gained from experience. Contact us to find out more about the financial requirements of the Medicaid program in general, or how you or a loved one can qualify for Medical Assistance Program/Medicaid for Home Care Services.

Vivian Garrastegui bg

Vivian Garrastegui, Esq.

135 Pinelawn Road
Suite 110 South
Melville, NY 11747
(P) 631-756-6006

Share This Blog

Ask A Question,
Describe Your Situation,
Request A Consultation

Call (631) 756-6006 or fill out the short form below. We will usually respond within one business day and often the same day. Don’t hesitate. Your questions are welcome!

Practice Area Form
* Required Fields
Your Information Is Safe With Us

We respect your privacy. The information you provide will be used to answer your questions or to schedule an appointment if requested.

Follow Us On

135 Pinelawn Rd #250s, Melville, NY 11747
Questions or Schedule An Appointment? Click to Call (631) 756-6006

Contact Us

Schneider, Garrastegui & Fedele PLLC

Hours of Operation

Mon-Fri 9am to 5pm
Clients first entrusted us to help them with their estate planning and elder law issues over 30 years ago. Since then, we have expanded our practice to include real estate, but our focus continues to be on assisting clients with some of the biggest issues they will face in their lives.

Our Elder Law & Estate Planning Office in New York

© Copyrights 2023. Schneider, Garrastegui & Fedele PLLC. All Rights Reserved.


Powered by Law Firm Marketing Pros

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.

linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram Skip to content