 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 2010, a Medicaid applicant/recipient is entitled to retain $13,800 in assets in his or her name. If the applicant has a spouse, the spouse may retain between $74,820 and $109,650.
If the applicant is not married and receives health care at home, he or she also will be entitled to retain $767 of income per month. Married couples who apply for home care together are allowed $1117 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. The individual's spouse may retain $2739 of monthly income for support.
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.
Send mail to maberasturi@ny-elderlaw.com with questions or comments about this web site.
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.
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This web site is designed for general information only. The information presented on this site should not be construed to be formal legal advice or the formation of a lawyer/client relationship. Prior results do not guarantee a similar outcome. |
Who is Eligible
