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Last August, a ruling from the Department of Health (DOH) dramatically changed the way married couples were permitted to use their income, when one was receiving services from a Managed Long Term Care (MLTC) program and Medicaid was the payor. The ruling effectively discriminated against married couples, limiting the amount of monthly income they were permitted to keep in a way that is not the case for single individuals.

The Elder Law and Special Needs Section of the New York State Bar Association protested to the Department of Health, met with them, and now the DOH has rescinded the ruling, with retroactive effect.

This back-and-forth problem highlights the importance of consulting with competent Elder Law attorneys when you are trying to protect your assets and still gain access to health care. The landscape is constantly changing, and it will continue to change. At Lamson and Cutner, we make it our business to know any changes in the laws that may affect you, and to have the most effective, up-to-date strategies.

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