On April 5th I posted a prediction in this blog that the Medicaid 5 year Look Back would be extended to help stem the tide of all of this spending. Such a change will require an act of Congress, because Medicaid is a Federal program. The Federal government provides the frame work for the Medicaid program. The states are free to choose the rules they want to use, as long as those rules are within the frame work provided by Congress. Think of it as a menu. Each state gets to chose whatever they want, as long as it is on the menu provided by Congress. There is no ordering from off the menu.
The NY Community Medicaid (a/k/a Waiver) Program, long a jewel of Medicaid, with real results in keeping people out of nursing homes, has not required a Look Back period for the eligibility. Now, New York has taken a drastic( and I think misguided), step towards making it more difficult to get Medicaid help to stay at home, or to pay for assisted living care.
Beginning October 1, 2020, New York will require a 30 month Look Back of all financial records for all Community Medicaid applicants. Exactly how it will be implemented remains to be seen.
What’s next. In my opinion, the Spousal Refusal Medicaid option will be eliminated by New York state. What’s that? I will explain, in my next blog.
Its never good to procrastinate with estate and asset protection planning, but taking action now has probably never been more important. Beat the clock. Get grand-fathered in to the current rules, before they can change again.
Most of all, be sure to stay safe, and be well.