Archive for March, 2012
We blogged recently about the status of the legislation in New York expanding the definition of “estate” for medicaid recovery purposes. This legislation would enable medicaid to recover its costs from assets including those jointly held, life estates and even possibly retirement accounts.
We are very happy to report that the Governor and the Legislature have agreed to repeal the legislation expanding estate recovery. They have also rejected a proposal to eliminate spousal refusal.
Several months ago we blogged about New York’s emergency regulations which expanded the definition of “estate” for Medicaid recovery purposes. These regulations, allowing recovery from interests such as jointly held assets and life estate interests, enhanced Medicaid’s ability to recover its costs from a decedent’s estate.
The emergency regulations expanding the definition of “estate” expired last fall. New York law referring to this expanded definition of “estate” is still in place without regulations to clarify what the new definition is.
We are hearing two possible alternatives going forward. The first is that final regulations will be issued effective for Medicaid recipients dying after July 1, 2012. These would be similar to the emergency regulations that have expired with some changes. The second alternative which we think is more likely is the elimination of the law expanding the definition of “estate” and going back to the original law. This would mean that for Medicaid recovery purposes, only assets passing from the decedent pursuant to a court process (probate or administration) would be available for recovery.
We will keep you posted as we know more about New York’s attempt to expand estate recovery.
Medicaid income and resource allowances for eligibility change every year. The numbers effective January 1, 2012 are:
Applicant’s spouse in the community: $74,820-$113,640
Nursing home income allowances
Resident: $50 (plus cost of health insurance, if any)
Spouse in the community: $2,841
Single care recipient: $14,250
Married care recipient: $20,850 (this includes resources for both spouses)
Community Medicaid income allowances
Single care recipient: $792 (plus $20 if over age 65
Married care recipient: $1,159 (including spouse’s income)
Anyone considering a medicaid application whose income and or resources exceed these figures should consult a knowledgeable attorney. There are many opportunities to achieve medicaid eligibility when these allowance are exceeded.