New York Medicaid Planning Attorney

Medicaid is a government-funded program in the United States that provides healthcare coverage to eligible low- income individuals and families. It is jointly administered by the federal and state governments, with each state having its set of rules and eligibility criteria within federal guidelines. Medicaid covers a broad range of health services, including hospital stays, doctor visits, long-term care, nursing facility services, and more.

Unfortunately, Medicaid eligibility rules in New York can be stringent. If you make over a certain amount of income or have a large number of countable assets, you will not be eligible to receive Medicaid. A Medicaid planning attorney can help you plan your finances so that you meet the eligibility requirements and receive the care that you deserve.

Pitta & Baione LLP is knowledgeable about legal issues that may present obstacles for individuals and families who need to access Medicaid benefits, and we can work with you to establish a Medicaid plan accordingly. If you have any questions about the services we offer, we encourage you to contact us for a free consultation.

What is Medicaid Planning?

Medicaid is designed to ensure that vulnerable populations, such as children, pregnant women, elderly adults, and individuals with disabilities, have access to necessary medical care and support. However, because of limited funding, access to Medicaid is reserved for low-income individuals and families. This means your specific eligibility for Medicaid in New York will depend on your age, income, and whether you have any disabilities.

For those who are under the category of “disabled, blind, or age 65 and over”, Medicaid also limits the amount of assets you can have such as savings or other investment funds. In 2024, the asset limit for an individual applying for Medicaid under this category is $31,175. The income limit in 2024 for an individual applying for Medicaid under this category is $1,732 per month. 

If you make more than the maximum income or have considerable countable assets, you might still be able to gain access to Medicaid benefits through Medicaid planning. A Medicaid planning attorney familiar with the laws and restrictions surrounding Medicaid eligibility can help you restructure your assets so you may qualify for Medicaid benefits.

The Role of a Medicaid Planning Attorney

It is generally inadvisable for individuals and families to perform Medicaid planning on their own. This process involves a thorough understanding of estate laws as well as the rules that govern eligibility for government-funded healthcare programs. An attorney can help protect you and your family by ensuring that your Medicaid planning is legally sound and compliant with all relevant laws. Your attorney should also review and consider avenues to protect your interest in a Medicaid plan which often ultimately benefits your heirs by you giving up certain rights to your assets.

Services Offered by a Medicaid Planning Attorney

In general, a Medicaid planning attorney helps their clients navigate the legal complexities involved in applying for and receiving Medicaid benefits. The individual services offered by a Medicaid planning attorney are numerous, but a few of the most common (and arguably the most important) include long-term care planning, estate planning, as well as legal assistance and representation.

Long-Term Care Planning

Medicaid is most commonly utilized by elderly individuals to help with the cost of long term home care or nursing home care. The problem is that Medicaid counts certain assets against them when determining their eligibility, making it difficult to have savings and qualify for Medicaid.

One common way that a Medicaid planning lawyer can help is by establishing an irrevocable trust, which can protect certain assets from being counted toward Medicaid eligibility. In this type of trust, assets are transferred out of the individual’s ownership, thus shielding them from being countable against Medicaid’s asset limits. If done properly, a Medicaid irrevocable trust should also protect you by preserving certain benefits to the transferred asset and minimize capital gains tax. For example, most seniors are concerned about their right to remain in their home which a properly drafted trust should reserve for you the right to live in your transferred home. However, these trusts must be set up well in advance due to Medicaid’s five-year look-back period for nursing home coverage, during which any transfers could be penalized.

Another effective strategy commonly utilized by our Medicaid planning attorneys is converting countable assets into exempt assets. Medicaid has specific rules around which assets can be considered countable towards eligibility limits. For example, your primary residence or personal belongings are typically exempt in New York. By strategically converting liquid assets or savings into exempt forms, such as purchasing a more valuable primary home or investing in a Medicaid-compliant annuity, you may be able to reduce your countable assets. This approach can help you meet Medicaid’s stringent financial criteria without needing to reduce your wealth.

Estate Planning

While the primary role of a Medicaid planning lawyer is to make sure that you are eligible for Medicaid, your attorney is also a valuable resource for navigating your estate planning requirements. Our Medicaid planning attorneys can guide you to different types of estate planning methods, including drafting a will, a living will, or a trust.

Assistance With Medicaid Applications and Appeals

Our Medicaid lawyers can walk you through the Medicaid application process and discuss any issues that may come up concerning your eligibility. If your application is denied, we can also advocate on your behalf during the Medicaid appeals process.

Benefits of Hiring a Medicaid Planning Attorney

Planning an estate is complex – things can get tricky due to numerous state and federal regulations on Medicaid eligibility. If you are not familiar with these, you may be denied access to valuable Medicaid coverage. The primary benefit of hiring a Medicaid planning attorney is the peace of mind that comes from knowing your planning is legally sound.

At Pitta & Baione, our Medicaid planning attorneys are experienced in helping individuals like you meet Medicaid eligibility requirements. We will discuss your estate planning goals and work with you to ensure that your retirement plans become a reality.

How to Choose the Right Medicaid Planning Attorney

It is important to choose the right Medicaid planning attorney to help ensure that your interests are adequately protected. While looking for a Medicaid planning lawyer in New York, it is a good idea to research and evaluate prospective law firms’ credentials, experience, and reputation. Many Medicaid planning lawyers’ websites will have a list of client testimonials and reviews so you can hear firsthand how your prospective lawyer has made an impact on the lives of their clients. Once you narrow down your list of potential law firms, schedule consultations to discuss your situation and assess compatibility. An experienced Medicaid planning attorney will take the time to understand your goals and help you accordingly.

Hire a New York Medicaid Planning Attorney at Pitta & Baione LLP

At Pitta & Baione LLP, we have decades of experience providing high-quality legal representation to the people of New York. We can work side-by-side with you every step of the way to help ensure that you are able to receive Medicaid benefits when you need them. If you have any questions or would like to schedule a free consultation, you may reach out to us through our online contact form. We look forward to planning your future together.