NYS Medicaid regulations state that any application for Medicaid for nursing home level of care requires a review of income and resources of the applicant ( and their spouse) for the 36 months (3 years) prior to the application. For example, if an application is made in February 2002, the resource review starts February 1, 1999 and all resources owned beginning from that date and during the next 3 years are examined and reviewed.
In question #3 income levels were shown. If a households income is higher than the allowed level shown, they can "spend down" their income each month to the allowed level with a medical expense and Medicaid can pay remaining outstanding medical bills in that month. For example, if a single person has Social Security income of $700 per month, they would need to "spend down" $75 each month to be eligible for Medicaid that month.
If you have given away resources for less than fair market value and you make an application for nursing home care within 36 months of that transfer, it could affect your eligibility for certain types of care that medical assistance may cover. Please ask for Informational Notice transfers of Assets for more information. You may wish to contact an attorney for additional information concerning transfers of assets.
Your regular paycheck, Social Security, Pension, Veteran's benefits, interest income are considered income. You continue to receive you income. The Department does not take you income but may consider it available to meet the cost of you medical care.
Resources are different from income. Some examples of resources include cash, bank accounts, stocks, bonds, IRA's and property. Other potential resources may be explored when you apply. The resources you are allowed to have while receiving Medicaid are exempt during our lifetime. This means that DSS cannot make you use them for your care. However, upon death, the balance becomes a part of your estate and is used to help pay your creditors, including the Department of Health and Human Services.
This is a program under NYS Medicaid that allows higher income and resource levels for married couples, one of whom requires nursing home care, while the other remains in the community. The community spouse can keep income and resources up to the levels listed below $2,232 (monthly Income - level for 2002) and countable resources of $74,820. These figures are counting the combined income and resources for the couple whether held jointly with the spouse or any other person, or singly.
People on Medicaid are allowed to have income and resources up to certain levels. The levels change at the beginning of each year and are different depending on the size of your household and the type of care of which you need Medicaid. For someone residing in their home, applying for Medicaid to help pay for prescription, hospital bill or some personal care in the home, the following levels are effective in 2001:
Household size of one: $634-monthly income & $3,800-countable resources
Household size of two: $925-monthly income & $5,500-countable resources
A lien is a claim that DSS puts on your real property, while you are in a nursing home, for the payment of Medical Assistance that the Department pays or has paid on your behalf. If you return home, the lien is removed from your property. The Department may still have a claim against your estate for the Medicaid provided on your behalf.
The Department of Social Services (DSS) can place a lien on your home if you go into a nursing home. DSS will not place a lien on your home if your spouse still resides there, a child who is under 21, blind or disabled lives there or a sibling with an equity interest in the home lives there and has lived there for at least one year. DSS will not place a lien if your physician states this is a temporary stay in a nursing home. Please ask for Informational Notice for Applicants with Real Property for more information.
NO. If you (or your spouse) reside in your home it remains your homestead and is not counted as a resource. Only when you can no longer live there does it become a resource. At the time of your death your house becomes part of your estate and will be used to help pay your creditors, including the Department of Social Services (DSS). When you receive Medicaid after the age of 55, DSS is entitled to recover the Medicaid expended on your behalf up to the value of your estate.