Long Island Medicaid Medicare Lawyers Attorneys Serving Nassau County Suffolk County Manhattan NY

Medicaid Planning

The United States’ only insurance plan for long-term institutional care is Medicaid. Lacking access to alternatives such as paying privately or Medicare, most people pay out of their own pockets for long-term care until they become eligible for Medicaid. Although their names are confusingly alike, Medicaid and Medicare are quite different programs. For one thing, all retirees who receive Social Security benefits also receive Medicare as their health insurance. Medicare is an entitlement program. Medicaid, on the other hand, is a form of welfare or at least that's how it began. So to be eligible for Medicaid, you must become "impoverished" under the program's guidelines.

Also, unlike Medicare, which is totally Federal, Medicaid is a joint Federal-State program. Each state operates its own Medicaid system, but this system must conform to Federal guidelines in order for the state to receive Federal money, which pays for about half the State's Medicaid costs. (The State picks up the rest of the tab.)

This complicates matters, since the Medicaid eligibility rules are somewhat different from state to state, and they keep changing. Both the Federal government and most State governments seem to be continually changing the eligibility requirements and restrictions. The rules for gaining eligibility to the program are explained in detail in the Medicaid section of this site. The Law Offices of Marchese & Maynard, LLP, can guide you through the complicated rules of the different programs and help you plan ahead.

People who are not in immediate need of long-term care should distribute and protect their assets in advance. This way, when they do need long-term care, they will quickly qualify for Medicaid benefits. Giving general rules for so-called "Medicaid planning" is difficult because every client's case is different. Some have more savings or income than others, they are either married or single. Some have family support, others do not. Some own their own homes, some rent. Still, a number of basic strategies and tools are typically used in Medicaid planning

There are many techniques that can be used to reduce a person’s asset level below the Medicaid asset limit. Some of the methods people seeking Medicaid advice are routinely offered include:

Setting up irrevocable living trusts;

Making gifts to family members;

Paying for certain approved Medicaid expenses, such as prepaid burial, items for your house, or specific types of annuity ; and
Transferring your home to your child

The Law Offices of Marchese & Maynard, LLP can help you determine the best course to make you Medicaid eligible. Then, when it becomes necessary to apply for Medicaid, our office will complete the complicated Medicaid forms. Too often people underestimate the importance of these forms. How Medicaid forms are filled out can often be the difference between being granted Medicaid benefits and not being eligible.

No one should lose their life’s savings because they need nursing home care. We provide Medicaid advice and Medicaid planning to clients throughout New York City and Long Island.

If you or a member of your family needs the services of an experienced Medicaid eligibility planning attorney, contact the Law Offices of Marchese & Maynard at (877) 71 NY LAW or (516) 869-1111.