NY Medicaid – Page 2 – Nancy E Kline

Resource Levels for 2016

Resources Comments Off

Jan 022016

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

RESOURCE LEVEL FOR THE MEDICAID APPLICANT FOR 2016:
For 2016, the resource level for the Medicaid applicant is $14,850. There is no change from 2015. GIS 15 MA/21.

RESOURCE LEVEL FOR THE COMMUNITY SPOUSE FOR 2016:
For 2016, the minimum resource level for the community spouse is $74,820 and the maximum is $119,220. There is no change from 2015. GIS 15 MA/21. For an explanation of how this rule works, see page 9 of Medicaid Financial Eligibility Rules for Nursing Home Care in New York State.

New Life Expectancy Table

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Jan 082015

There is a new life expectancy table to use when determining if an annuity, loan, promissory note or mortgage is actuarially sound. GIS 14 MA/28 states that the life expectancy table in its attachment is to be used in place of the life expectancy table at 06 OMM/ADM-5.

New Life Expectancy Table

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Mar 072014

There is a new life expectancy table to use when determining if an annuity, loan, promissory note or mortgage is actuarially sound. GIS 13 MA/020 states that the life expectancy table in its attachment is to be used in place of the life expectancy table at 06 OMM/ADM-5. This GIS was issued in 2013. Note that GIS 12 MA/025, which had an updated table, was issued in 2012.

Regional Rates for 2014

Transfer of Assets (Gifting) Comments Off

Jan 222014

Page 54 of Medicaid Financial Eligibility Rules for Nursing Home Care in New York State describes how to calculate a penalty period when someone has made a gift. You need to know the regional rate in order to calculate the penalty period. The regional rates for 2014 are found in GIS 14 MA/03. The GIS tells you which counties are in which region. It reminds you to use the rate for the region in which the facility is located. The GIS may be found at the New York State Department of Health website: health.ny.gov.

The 2014 regional rates are:

CENTRAL: $8,645
Broome, Cayuga, Chenango, Cortland, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, St. Lawrence, Tioga and Tompkins Counties

NORTHEASTERN: $9,212
Albany, Clinton, Columbia, Delaware, Essex, Franklin, Fulton, Greene, Hamilton, Montgomery, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Warren and Washington Counties

WESTERN: $8,971
Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans and Wyoming Counties

NORTHEASTERN METROPOLITAN: $11,135
Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester Counties

NEW YORK CITY: $11,423
Bronx, Kings (Brooklyn), New York (Manhattan), Queens and Richmond (Staten Island)

LONG ISLAND: $12,112
Nassau and Suffolk Counties

ROCHESTER: $10,073
Chemung, Livingston, Monroe, Ontario, Schuyler, Seneca, Steuben, Wayne and Yates Counties

New Life Expectancy Table

Resources Comments Off

Jan 042013

There is a new life expectancy table to use when determining if an annuity, promissory note, loan or mortgage is actuarially sound. GIS 12 MA/025 states that the life expectancy table in its attachment is to be used in place of the life expectancy table at 06 OMM/ADM-5.

Medicaid Rules Regarding Same Sex Marriage

Spouse's Responsibility Comments Off

Jun 032012

SAME SEX MARRIAGES PERFORMED IN NEW YORK

The Marriage Equality Act was enacted in New York on June 24, 2011, with the passage of Chapters 95 and 96 of the Laws of 2011 of New York State, effective July 24, 2011. This Act formally recognizes otherwise-valid marriages without regard to whether the parties are of the same sex or different sex. Chapter 95 of the Laws of 2011 of New York State, section 2.

The act changed New York Domestic Relations Law by adding section 10-a, adding section 10-b, amending section 11 (1), adding section 11 (1a), and amending section 13.

New York Domestic Relations Law section 10-a (2) states that benefits and responsibilities relating to marriage shall not differ based on the parties being of the same sex.

For Medicaid purposes, a same sex spouse is a legally responsible relative. GIS 11 MA/023.

Medicaid lien rules and transfer of asset rules apply whether the spouse is of the same sex or the opposite sex. GIS 11 MA/023.

The definition of “spouse” in the Medicaid Reference Guide now specifies that the term applies to individuals of the same sex who are married. Medicaid Reference Guide, at glossary xxi.

Medicaid Financial Eligibility Rules for Nursing Home Care in New York State already addressed the issue of same sex marriages performed outside of New York State.

Posted 06/03/2012

Resource Levels for 2012

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May 282012

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

RESOURCE LEVEL FOR THE MEDICAID APPLICANT FOR 2012

The resource level for the Medicaid applicant is $14,250 for the year 2012. GIS 11 MA/027; GIS 12 MA/009 Attachment.

COMMUNITY SPOUSE RESOURCE ALLOWANCE FOR 2012

For 2012, the minimum is $74,820 and the maximum is $113,640. If the community spouse’s half is $113,640 or more, the community spouse can keep $113,640. GIS 11 MA 027 and GIS 12 MA/009 Attachment. Note that Medicaid Reference Guide, at 779 says $133,640. I assume that is a typographical error.

Posted 05/28/2012

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