Medicaid Planning and Asset Protection

Rochester Medicaid Planning Lawyer

One of the greatest fears of older Americans is that they may end up in a nursing home. Many do: In fact, nearly one in two women and one in four men find themselves in nursing homes at some point in their lives. This not only means a great loss of personal autonomy, but also a tremendous financial burden. Depending on location and level of care, nursing homes cost in excess of $100,000 a year.

Most people end up paying for nursing home care out of their savings until they run out of money. Then they can qualify for Medicaid benefits to pick up the cost going forward. The advantages of paying privately are that you are more likely to gain entrance to a better quality facility and doing so eliminates or postpones dealing with the New York welfare bureaucracy—an often demeaning and time-consuming process. The disadvantage is that it’s very expensive.

At Dutcher and Zatkowsky, we can help you prepare for the possibility of eventual nursing home care in advance, or in response to an unanticipated “crisis” situation—and protect your estate for your spouse and children. This can be done by purchasing long-term care insurance (if you qualify) or by making sure you receive the benefits to which you are entitled under the Medicare and Medicaid programs. In addition, if you or your spouse is a Veteran, we may also be able to help you receive benefits from the Veterans Administration. Increased benefits, from whatever the source, allow you to apply your life savings to other priorities than covering the high cost of nursing home care.

How does Medicare differ from Medicaid?

Medicare Part A covers up to 100 days of “skilled nursing” care per spell of illness. However, the definition of “skilled nursing” and the other conditions for obtaining this coverage are quite stringent, meaning that few nursing home residents receive the full 100 days of coverage. As a result, Medicare pays for only about 9 percent of nursing home care in the United States. For tips on making sure you receive the nursing care benefits to which you are entitled, click here

What is Medicaid?

For all practical purposes, in the United States the only “insurance” plan for long-term institutional care is Medicaid. Lacking access to alternatives such as paying privately or being covered by a long-term care insurance policy, most people pay out of their own pockets for long-term care until they become eligible for Medicaid. Although their names are confusingly alike, Medicaid and Medicare are quite different programs. For one thing, all retirees who receive Social Security benefits also receive Medicare as their health insurance. Medicare is an “entitlement” program. Medicaid, on the other hand, is a form of public welfare — or at least that’s how it began. So to be eligible for Medicaid, you must become “impoverished” under the program’s guidelines.

Also, unlike Medicare, which is totally federal, Medicaid is a joint federal-state program. Each state operates its own Medicaid system, but this system must conform to federal guidelines in order for the state to receive federal money, which pays for about half the state’s Medicaid costs. (The state picks up the rest of the tab.)

This complicates matters, since the Medicaid eligibility rules are somewhat different from state to state, and they keep changing. (The states also sometimes have their own names for the program, such as “MediCal” in California and “MassHealth” in Massachusetts.) Both the federal government and most state governments seem to be continually tinkering with the eligibility requirements and restrictions. This has most recently occurred with the passage of the Deficit Reduction Act of 2005 (the “DRA”), which significantly changed rules governing the treatment of asset transfers and homes of nursing home residents. The rules for gaining eligibility to the program in New York are explained in detail in the Medicaid section of this site. But to be certain of your rights, consult an expert. He or she can guide you through the complicated rules of the different programs and help you plan ahead.

Those who are not in immediate need of long-term care may have the luxury of distributing or protecting their assets in advance. This way, when they do need long-term care, they will quickly qualify for Medicaid benefits. Giving general rules for so-called “Medicaid Planning” or “Asset Protection” is difficult because every client’s case is different. Some have more savings or income than others. Some are married, others are single. Some have family support, others do not. Some own their own homes, some rent.

Please contact us for a private consultation as soon as possible to find how you can personally benefit from Medicaid planning.