New Medicare Cards

Starting April 1, 2018

The new Medicare card will no longer have a Social Security Number as identification number. The Centers for Medicare and Medicaid Services (CMS) is required to remove Social Security numbers by April 2019 and replace with random numbers.

CMS is seeking to prevent fraud and identity theft by providing these new cards with random numbers.

Visit www.cms.gov/medicare/new-medicare-card for further information.

MEDICAID

• NYSBA Medicaid BrochureIn accordance with 96 ADM-8, “OBRA ’93 Provisions on Transfers and Trusts,” and 06 OMM/ADM-5,”Deficit Reduction Act of 2005 – Long Term Care Medicaid Eligibility Changes,” an institutionalized individual who has made an uncompensated transfer of assets during the look-back period is subject to a period of ineligibility for Medicaid coverage of nursing home care. The period of ineligibility, or penalty period, is the number of months equal to the uncompensated value of the transferred assets divided by the Medicaid regional rate established for the region in which the nursing facility is located. The rates are based on average private pay nursing home costs in each of the seven regions in the state and are subject to change annually.For purposes of calculating a transfer penalty period, districts must use the regional rate in effect on the date institutionalized individual applies for Medicaid (application date), or requests an increase incoverage for Medicaid payment of nursing home care. This Includes applications and requests for an increase in coverage where an applicant/recipient (A/R) is requesting Medicaid coverage of nursing facility services in the three months prior to either the application date or the date of request for increased coverage,

GUARDIANSHIPS

• • NYSBA-Guidelines for Guardians
  • Annual Reports Workshop
  • Medicaid Eligibilty
  • Medicaid Workshops
  • GIS Medicaid Rates

TRUSTS

• • NYSBA Guidelines for Trustees of SNT

Federal Estate Tax

• • Federal Annual Gift Tax exemption
  • Federal Unified Credit and NYS Estate Tax exemption

REAL ESTATE PURCHASERS AND SELLERS

• • NYSBA Home Purchase Brochure

STAR Rebate Program

• • Important 2016 STAR Rebate changes

ADVANCE DIRECTIVES AND GENERAL ELDER LAW MATTERS

• • NYSBA-17 Benefits for older New Yorker’s
  • NYSBA-Living Wills Healthcare Proxy_small
  • NYSBA Why You Need a Will
  • NYSBA VA Benefits

Medlcald Regional Rates

• Medlcald Regional Rates for Calculating Transfer Penalty Periods for 2019

Update on treatment of income to medicaid exception trusts

• As stated in GIS19 MA/04:”If a trust is established by an agent acting under a Power of Attorney (POA), the powers granted under the POA must include permission to gift assets”. Which meant that the applicant/ recipient of Medicaid must have executed the Statutory Gifts Rider. Only then would the agent under the Power of Attorney have the power to execute and create an exception trust. An exception trust, if created properly, is disregarded as available income and resources for the purposes of establishing Medicaid eligibility. It could be a Special Needs Trust/Supplemental Needs Trust or a Pooled Income Trust established with a non-profit organization.The Counsel at the Department of Health has verbally advised the NYSBA Elder Law and Special Needs Section that they will recind GIS 19 MA/04. This change will take place immediately. A formal decision will be received shortly.A Statutory Gifts Rider is no longer required for the establishment of the exception Trust. Therefore, a designated Agent of a Power of Attorney can now create Special Needs Trust to preserve and protect resources and Pooled Trusts with a non-profit organizationto preserve income.

Medicaid income and resource allowance for 2020