`    Who is Eligible

Eligibility for Medicaid is determined by your local Medicaid agency and is based on the income you receive and the assets you own, including life insurance and retirement plans. If you are married, assets in your name, as well as assets held jointly with your spouse or by your spouse alone, will be considered in the eligibility determination process.

For the year 2007, a Medicaid applicant/recipient is entitled to retain $4,200 in assets in his or her name.   If the applicant is not married and receives health care at home, he or she also will be entitled to retain $700 of income per month. Married couples who apply for home care together are allowed $970 per month of income. An individual, whether married or single, receiving skilled nursing care, is allowed only $50 per month as a personal needs allowance.

When your local Medicaid agency determines your eligibility for Medicaid, certain assets that you own will not be considered. These assets include your primary residence (under certain circumstances only), the contents of your household, one vehicle, a prepaid irrevocable funeral contract, and other necessary items

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Last modified: 12/21/06

Mark G. Aberasturi, a New York elder law lawyer and estate planning attorney, focuses his law practice on Elder Law and Probate, Estates, Wills and Medicaid Trusts, Living Trusts, Supplemental Needs Trusts, Living Wills and Estate Tax.  Mr. Aberasturi provides legal advice on matters involving Medicaid, Medicare and nursing homes.  Mr. Aberasturi is a member of the National Academy of Elder Law Attorneys, The New York State Bar Association Elder Law Section, and is former chairman of the Orange County, New York Bar Association Elder Law Committee.  His practice is located in Goshen, Orange County New York.

 

Servicing the Hudson Valley area, including Monroe New York 10950, Montgomery New York 12549, Middletown New York 10940 and 10941, Newburgh New York 12550, Wallkill New York 12589, Washingtonville New York 10992, Chester New York 10916, Port Jervis New York 12771, New Windsor New York 12553, Cornwall New York 12518, Central Valley New York 10917, Highland Mills New York 10930, Florida New York 10921, Walden New York 12586, Warwick New York 10990, and Maybrook New York 12583, Tuxedo Park 10987, Blooming Grove 10914, Circleville 10919, Fort Montgomery 10922, Harriman 10926, Pine Bush 12566, New  Hampton 10958, Slate Hill 10973, as well as Ulster County, Sullivan County and Rockland County.