Our goal is to help clients get the care they need, without depleting life savings.

The rules governing Medicaid are complex and frequently change, requiring great care in the planning and application for benefits. The lawyers at Pierro, Connor & Strauss have helped thousands of clients navigate the daunting Medicaid planning and filing process. If you or a loved one needs long-term care in the home, a skilled nursing facility or in some instances assisted living, there are excellent planning options available. Under new Medicaid eligibility rules; however, waiting to plan is NOT one of those options.

With proper legal planning, Medicaid-eligible residents can preserve assets and afford the high cost of long-term health care in the environment of their choosing.

Federal Medicaid Eligibility

To be eligible for the Medicaid program, the federal government requires individuals to be:

  • Citizens of the United States or lawful permanent residents.
  • Residents of the state in which they are receiving Medicaid
  • In all states: individuals can qualify based on income, disability, family status, household size and additional factors. Eligibility rules differ between states.
  • According to the website healthcare.gov, for states that have expanded Medicaid coverage, “you can qualify based on your income alone. If your household income is below 133% of the federal poverty level, you qualify. (Because of the way this is calculated, it turns out to be 138% of the federal poverty level. A few states use a different income limit.)

Functional Need

To live in a care facility or receive at-home assistance, individuals must require assistance with at least two Activities of Daily Living — bathing, dressing, toileting, transferring, eating, and walking – due to a physical impairment or a combined physical/cognitive impairment.

Financial Eligibility

Income and Resource limits vary by State and are typically very low. Fortunately, New York rules are some of the most favorable in the nation.