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Substantial Home Equity Limit for 2021

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Dec 312020

The Substantial Home Equity Limit for the year 2021 is shown in GIS 20 MA/13, which is dated 12/30/20.

Medicaid Financial Eligibility Rules for Nursing Home Care in New York State should be updated as follows:

HOME EQUITY LIMIT FOR 2021
The home equity limit for Medicaid coverage of nursing facility services is $906,000 for the year 2021. GIS 20 MA/13.

For an explanation of how this rule works, see pages 13-14 of Medicaid Financial Eligibility Rules for Nursing Home Care in New York State.

Posted 12/31/2020

Income Levels for 2021

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Dec 312020

Medicaid income levels for the year 2021 are shown in GIS 20 MA/13, which is dated 12/30/20.

Please note that there are attachments to the GIS. When the GIS originally was posted to the New York State Department of Health website, it included an attachment which had not been updated to include the changes for the year 2021. An updated Attachment I was later posted to the NYSDOH website. The incorrect attachment shows that it was revised on November 9, 2020. The revised attachment shows that it was revised on December 30, 2020.

Medicaid Financial Eligibility Rules for Nursing Home Care in New York State should be updated as follows:

INCOME LEVEL FOR 2021 – MONTH ONE – PERSON IN A NURSING HOME WHO DOES NOT HAVE A COMMUNITY SPOUSE
The Medically Needy Income Level for a household of one for 2021 is $884 per month. GIS 20 MA/13 and its Attachment I.

INCOME LEVEL FOR 2021 – MONTH ONE – PERSON IN A NURSING HOME WHO DOES HAVE A COMMUNITY SPOUSE
The Medically Needy Income Level for a household of one for 2021 is $884 per month. GIS 20 MA/13 and its Attachment I.

INCOME LEVEL FOR 2021 – AFTER MONTH ONE – PERSON IN A NURSING HOME WHO DOES NOT HAVE A COMMUNITY SPOUSE
The person in the nursing home is allowed to keep a Personal Needs Allowance of $50 per month for 2021 if they do not have a community spouse. GIS 20 MA/13, Attachment I.

INCOME LEVEL FOR 2021 – AFTER MONTH ONE – PERSON IN A NURSING HOME WHO DOES HAVE A COMMUNITY SPOUSE
The person in the nursing home is allowed to keep a Personal Needs Allowance of $50 per month for 2021 if they have a community spouse. GIS 20 MA/13, Attachment I.

INCOME LEVEL FOR 2021 – COMMUNITY SPOUSE
The community spouse is allowed to keep a Minimum Monthly Maintenance Needs Allowance of $3,259.50 per month for 2021. GIS 20 MA/13 and its revised Attachment I.

Posted 12/31/2020. Updated 01/01/2021.

Resource Levels for 2021

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Dec 312020

Medicaid resource levels for the year 2021 are shown in GIS 20 MA/13, which is dated 12/30/20.

Medicaid Financial Eligibilty Rules for Nursing Home Care in New York State should be updated as follows:

RESOURCE LEVEL FOR THE MEDICAID APPLICANT FOR 2021:
The resource level for the Medicaid applicant is $15,900. GIS 20 MA/13 and its revised Attachment I.

RESOURCE LEVEL FOR THE COMMUNITY SPOUSE FOR 2021:
The minimum resource level for the community spouse is $74,820 and the maximum is $130,380. GIS 20 MA/13 and its revised Attachment I. For an explanation of how this rule works, see page 9 of Medicaid Financial Eligibilty Rules for Nursing Home Care in New York State.

Posted 12/31/2020. Updated 01/01/2021.

Regional Rates for 2021

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Dec 292020

The 2021 regional rates for calculating Medicaid penalty periods are found in GIS 20 MA/12, which is dated 12/28/2020. They are:

CENTRAL: $10,857
Broome, Cayuga, Chenango, Cortland, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, St. Lawrence, Tioga and Tompkins.

NORTHEASTERN: $11,689
Albany, Clinton, Columbia, Delaware, Essex, Franklin, Fulton, Greene, Hamilton, Montgomery, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Warren and Washington.

WESTERN: $11,054
Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans and Wyoming.

NORTH METROPOLITAN: $13,206
Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester.

NEW YORK CITY: $13,037
Bronx, Kings (Brooklyn), New York (Manhattan), Queens and Richmond (Staten Island).

LONG ISLAND: $13,834
Nassau and Suffolk.

ROCHESTER: $13,020
Chemung, Livingston, Monroe, Ontario, Schuyler, Seneca, Steuben, Wayne and Yates.

Posted 12/29/2020

Extension of Medicaid Application Process & Recertification Changes Due to COVID-19

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Dec 172020

GIS 20 MA/11, dated 12/15/2020,advises that on October 2, 2020, the federal government announced that the COVID-19 public health emergency has been extended through January 20, 2021.

The changes to Medicaid eligibilty and enrollment outlined in GIS 20 MA/04 will remain in effect through that time.

The Recertification process also has changed due to the COVID-19 public health emergency.
Medicaid coverage has been extended automatically; recipients have not needed to do Recertification paperwork.

If an Upstate New York recipient’s Medicaid coverage ended or will end in October 2020, November 2020, December 2020, January 2021 or February 2021: coverage has been extended for 12 months. If an Upstate New York recipient’s Medicaid coverage will end in March 2021: coverage will be extended on December 29, 2020.

If a New York City recipient’s Medicaid coverage ended in October 2020, November 2020 or December 2020: coverage has been extended for 12 months. If a New York City recipient’s Medicaid coverage will end in January 2021, February 2021 or March 2021: it will be extended for 12 months around the 18th of the expiration month.

Posted 12/17/2020

New Life Expectancy Table

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Aug 272020

There is a new life expectancy table to use when determining if an annuity, promissory note, loan or mortgage is actuarially sound.

GIS 20 MA/08, dated 08/25/20, states that the life expectancy table in its attachment is to be used rather than the table which was attached to 06 OMM/ADM-5.

Posted 08/27/2020

Medicaid Application Process Changes Due to COVID-19

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May 082020

GIS 20 MA/04, dated 4/2/20, details some changes to the Medicaid application process which were prompted by the COVID-19 crisis.

The changes are to remain in effect for the duration of the COVID-19 public health emergency. GIS 20 MA/04, at 1.

Some of the changes for people applying for Medicaid to pay for nursing home care include being allowed to attest to income and resources. This includes attesting to any transfer of assets during the look-back period. It also includes attesting to naming the State as remainder beneficiary of an annuity. Proof/documentation will be required at renewal. GIS 20 MA/04, at 4.

For people in hospitals and nursing homes, the Medicaid application and Supplement A can be signed by someone acting on the applicant’s behalf. If the applicant or the applicant’s spouse cannot sign, Form DOH-5147 should be used for Upstate applicants; Section C of the form should be filled out to indicate that the applicant cannot sign the form due to rules preventing access to people in hospitals/nursing homes. Form MAP-3044 should be used for NYC applicants; the Reason for Submission/Section II should be filled out the same way. If the applicant is able to sign to authorize someone to apply for them, the applicant should sign Section D of Form DOH-5147. GIS 20 MA/04, at 4.

People turning age 65 must not be required to apply for other benefits, such as Medicare and Social Security, as a condition of Medicaid eligibility. GIS 20 MA/04, at 5.

People with health insurance will not be required to provide information about it. DSS is not required to make new cost effective determinations for possible reimbursement if sufficient information is not available. GIS 20 MA/04, at 5.

DSS may accept attestation of the amount being received from retirement accounts and annuities. GIS 20 MA/04, at 5.

No documentation should be requested based on Asset Verification System responses. GIS 20 MA/04, at 5-6.

Updated 05/08/2020

Economic Impact Payments for COVID-19: Medicaid treatment

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May 082020

GIS 20 MA/05, dated 04/20/20, says that for non-MAGI determinations (such as SSI-related people in nursing homes), stimulus payments received under the CARES Act are not countable as income. They are an exempt resource for 12 months. After the 12-month period, any part of the payment which remains is a countable resource.

Posted 05/08/2020

Obtain CLE credit while you stay at home

More info for NY Trusts & Estates and Elder Law attorneys Comments Off

Apr 142020

Attorneys: if you would like to earn some CLE credit while you are social distancing, the Broome County Bar Association has a number of programs which are available on DVD. Send an e-mail to the Bar Office for more information: BroomeBar@stny.twcbc.com

Discounts are available if you are a Broome County Bar Association member.

PROGRAMS WHICH MAY BE OF INTEREST TO TRUSTS & ESTATES AND ELDER LAW PRACTITIONERS:

– Article 81: Guardian, Court Evaluator & Attorney for AIP (1 ETHICS credit hour and 6 professional practice credit hours) – this qualifies you to join the list to get Court appointments

– Estate Administration 101 (4 credit hours)

GET THOSE ETHICS CREDITS:

– Ethics & Professionalism 2019 (4 ETHICS credit hours – fulfill your requirement all at once!)

– Ethics & Professionalism 2018 (4 ETHICS credit hours)

AND A DIVERSITY, INCLUSION & ELIMINATION OF BIAS CREDIT:

– Navigating Trauma Across Cultures (1 DIVERSITY credit hour)

– Parentage in Family & Matrimonial Matters 2018 (1 DIVERSITY credit hour and 3 professional practice credit hours)

– Trauma Informed Training 2019 (1 DIVERSITY credit hour, 1 professional practice credit hour and 1 skills credit hour)

– Update 2019 (1 DIVERSITY credit hour and 4 professional practice credit hours)

OTHER PROGRAMS AVAILABLE:

– Appellate Courts 2018 (3 credit hours)

– Bail Reform/Discovery Legislation & Padilla Update 2020 (5.5 credit hours)

– Benches to Trenches (4 credit hours)

– Corporate/Business Law 2019 (4 credit hours)

– Court of Appeals Update with Brian Shoot (2 credit hours)

– Debt Collection (4 credit hours)

– Hot Practice Tips 2018 (5 credit hours)

– Housing Stability & Tenant Protection Act 2019 (4 credit hours)

– Matrimonial/Family Law 2019 (4 credit hours)

– Multi Court Tips for the Practitioner (4 credit hours)

– Real Estate 2018 (4 credit hours)

– Skills Every Lawyer Needs for a Successful Practice (3 credit hours)

– Solo & Small Firm Practice 2019 (4 credit hours)

– Supreme Court Walk-Through 2019 (4 credit hours)

– Taxes, Taxes, Taxes (4 credit hours)

– Town & Village Courts (3 credit hours)

Posted 04/14/2020

Economic Impact Payments for COVID-19: not for estates or trusts

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Apr 122020

Economic Impact Payments were prompted by the Novel Coronavirus (COVID-19).

Trusts and Estates attorneys need to be aware that the law authorizes payments to eligible individuals. Section 2201 (d)(3) of the law says that estates and trusts are not eligible individuals.

These payments are authorized by the CARES Act, which is H.R. 748- 116th Congress (2019-2020), the federal Coronavirus Aid, Relief and Economic Security Act. It was signed into law by the president on 03/27/2020.

If someone filed an income tax return for the year 2018 or the year 2019, a check might have been sent to them even if they have since died.

The IRS website was updated on May 6, 2020, to address this issue.
Q10 of the EIP Eligibility and General Information section asks if someone who has died qualifies for the payment.
A10 says that the answer is No. A payment which was made to someone who died before receiving the payment should be returned to the IRS. If the payment was made solely to the deceased person, return the entire payment. If the payment was made to joint filers and one spouse was still alive when payment was received, you only need to return the portion of the payment made for the deceased person.

A41 says that if payment was made by a paper check, and the check was not cashed:
Write “Void” in the endorsement section on the back of the check. Mail the voided check to the appropriate IRS location listed on the website. Do not staple, bend or paper clip the check. Include a note stating the reason for returning the check.

If payment was made by a paper check, and the check was cashed, or if payment was made by direct deposit:
Submit a personal check, money order, etc., to the appropriate IRS location listed on the website. Make the check or money order payable to U.S. Treasury. Write 2020EIP and the recipient’s taxpayer identification number on the check. Include a brief explanation of the reason the payment is being returned.

The address to which the payment should be mailed depends on where the person lived. For New York, payment should be mailed to Brookhaven Refund Inquiry Unit, 5000 Corporate Ct., Mail Stop 547, Holtsville NY 11742. The mailing address is different for people who lived in other states.

The information on the IRS website can be found by going to:
www.IRS.gov
Click on GET CORONAVIRUS TAX RELIEF
Click on ECONOMIC IMPACT PAYMENTS
Click on ECONOMIC IMPACT PAYMENTS INFORMATION CENTER
Click on EIP ELIGIBILITY AND GENERAL INFORMATION

The CARES Act can be found at:
www.congress.gov/bill/116th-congress/house-bill/748
Click on the TEXT tab
Click on PDF
SEction 2201 (d)(3) is on page 55.

Posted 04/12/2020. Updated 05/08/2020.

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