IMPORTANT NOTICE — For the first time, New York has imposed a “look back” for Community Medicaid. Those seeking Medicaid benefits such as Home Care or Assisted Living Care will be subject to a period of ineligibility if they have transferred ownership of money or property (other than to a spouse or disabled child) after October 1, 2020. The “look back” is 30 months, and it will be phased in.
October 15, 2020 – BREAKING NEWS – Extended Opportunity for New Yorkers to Apply for Community Medicaid without being subject to the new 30-month “look back”
New York’s Office of Health Insurance Programs, which oversees the coordination of Federal and New York State programs, announced today that the implementation date for the new 30-month “look back” has been pushed back to April 1, 2021, pending approval by the Centers for Medicare and Medicaid Services (“CMS”).
Prior to this announcement, applications for Community Medicaid beginning January 1, 2021, were going to be subject to the new “look back.” Any gifts or uncompensated transfers made on or after October 1, 2020, would result in a “penalty period” of ineligibility for benefits.
The change indicates that, if you complete an application for Community Medicaid services prior to April 1, 2021, you will not be subject to the new “look back” for gifts and transfers of assets. This is a three month extension.
The change occurred as a result of the extension of the federal public health emergency through January 21, 2021, and the “maintenance of effort” requirement under the Families First Coronavirus Response Act (“FFCRA”). Under this requirement, states may not impose new Medicaid eligibility restrictions while the public health emergency is still in effect, or they will lose federal Medicaid funds.
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Please note that articles and videos posted on this website that do not mention the new “look back” are being updated to reflect this important change in New York law.
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How We Got Started
We’ve added a number of brief, informative videos that answer Elder Law and Estate Planning questions that may be important to you. Click below to see the various topics, and watch the videos
As a New York firm, Lamson & Cutner focuses on protecting clients’ money, property, and income, so they don’t have to spend everything down to pay for health care, particularly for long-term care. When you choose to work with an elder care attorney from our firm, you can be confident we will assist you in obtaining the care you need, in many cases by helping you become eligible for Medicaid.
Lamson & Cutner’s focus on health care and asset protection goes hand-in-hand with creating effective estate plans for the firm’s clients. Your finances, health, and family circumstances are individual and personal. It only makes sense that your estate planning documents should address and reflect your wishes, your circumstances, and the matters that are important to you.
Lamson & Cutner’s estate planning services are carefully thought-out and highly personalized. We do not use computer-generated “one size fits all” forms. As a result, your Will, Trust, Power of Attorney, or Health Care Proxy will be a clear expression of your individual goals and wishes.
The lawyers for seniors at Lamson & Cutner provide Elder Law and estate planning services to residents of Manhattan, Bronx, Brooklyn, Queens, Richmond, Nassau, and Suffolk Counties; and, through its office in Harrison, New York, to residents of Westchester, Rockland, Orange, Putnam, and Dutchess Counties.
We’re Here for You When You Need an Elder Attorney
There are many reasons you might need to work with an elder care lawyer. At Lamson & Cutner, our services include:
- Medicare and Medicaid planning
- Estate planning — including trusts, advance directives, and wills
- Probate and estate administration
- Real estate transactions
- Financial and tax planning
- Caregiver agreements
- Guardianship proceedings
Elder law and estate planning are the only practice areas our firm handles. Our intentionally-limited focus means we have deep experience and knowledge about these topics, and can give our clients’ legal matters the kind of detailed attention and focus they deserve. That’s a commitment many other law firms simply cannot meet.
Choose the elder law attorney NYC residents trust for dedicated, skilled legal advice and services: Lamson & Cutner. Contact us today to learn more and to schedule an initial consultation with an experienced, compassionate elder care attorney.
What Clients Are Saying
“Thanks so much for all of your excellent guidance and support with getting [our mother] approved for Medicaid, setting up the trust, and guiding us regarding the pooled income trust. . . .
“Many thanks again for all of your work. The help and guidance that you provided us with allowed our mother to live out the last of her days in the home that she loved, and this is what she had always said she wanted.”
The Family of R.G.
“Five stars is really not enough for this firm. My parents engaged a different firm to handle their estate planning and related matters. That experience was nothing short of a horror story.
Lamson & Cutner attorneys were asked to undo the damage. They were unlike any of the other attorneys we’ve dealt with – kind, caring, compassionate, patient and so much more. We finally felt that we were working with HONEST and trustworthy professionals. They were able to help my parents recover from mistakes made by their prior attorney. They also went to great lengths to ensure that my parents received exactly what they were looking for, and understood every aspect of the process.
Don’t bother looking elsewhere! David Cutner and his team are the only attorneys you need to look at for elder-related and estate issues. HIGHLY RECOMMENDED!” – Alex Linetski
“The staff and the attorneys did a thorough job in reviewing and advising on my Moms legal needs. They answered all of my questions with patience and kindness. Would highly recommend to anyone. They are the best !! ” -Ron Guer
Lamson & Cutner is accredited to provide CE credits to Licensed Social Workers, Licensed Mental Health Counselors and Certified Care Managers. We are available to give courses on Medicaid, estate planning, advance directives and more to the members of your organization. We have given seminars for AARP, NASW-NYC, Weill-Cornell Medical Center, and other venues, as well as at our offices.
We have also given one-hour presentations for seniors and/or their adult children at hospitals, nursing homes, houses of worship, and many other organizations.
If you are interested in having Lamson & Cutner to give a Continuing Education class at your organization, or to speak at an assisted living residence, senior center, house of worship or other, please email us at email@example.com.