Our Firm has extensive experience in the Medicaid application process.
Each case is managed by a team with a Senior Attorney/Partner, an Associate Attorney and a specialized Legal Assistant.
We utilize all opportunities created by federal law to preserve what can be preserved.
To make an appointment or speak to an attorney,
call 732-382-6070 or contact us online.
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What is Medicaid?
Medicaid is the government program that pays for nursing home care for people whose countable, available resources are below $2,000 ($4,000 for the higher-income applicants). The spouse in the community can retain the marital home, the car and up to $115,920 in assets or half the marital assets, whichever is less.
Medicaid is a federal program administered through the local county Board of Social Services in the county where the applicant resides. Medicaid is funded jointly by the federal and state governments.
Paying for Nursing Home Care
The extraordinary cost of long-term nursing care can swiftly deplete a person's life savings and create great hardship for the spouse who remains in the community. Inability to pay for care may result in inadequate arrangements patched together by desperate family members. Medicare and most health insurance plans do not pay for this kind of care in either a residence or a nursing home.
Younger retirees may be wise to purchase long-term care insurance for themselves, but those who are already ill, frail or aged may not be able to procure such insurance. The Medicaid Program is available as a payer of last resort for those who have become financially eligible.
Medicaid Application Process
Our Firm has extensive experience in assembling, evaluating, preparing, presenting and defending Medicaid applications for our clients. We can manage the burdensome details for you and assist you to utilize all opportunities created by federal law to preserve what can be preserved.
Do I have to be able to pay for nursing home care for 5 years before applying for Medicaid?
Not necessarily. There are many strategies that enable us to file your Medicaid application earlier.
A person can apply for Medicaid to pay for nursing home care or care in the home when the countable, available resources have been reduced to $2,000 plus an allowance for the community spouse (if any) which is called the CSRA or Community Spouse Resource Allowance. This process is called the "spend-down".
Does the State take my house?
No. There are many strategies to protect the house for your family if you need nursing care.
It is critical to understand that a transfer of any assets for less than fair market consideration, if made within the five years prior to applying for Medicaid, will generally trigger a disqualification period known as a transfer penalty which begins at the time the applicant has completed the spend-down process and is otherwise eligible for Medicaid benefits.
Certain exceptions exist to the basic transfer penalty rules. Assets can be protected with the structure that was created by Congress for this program.
The Application process can be complex, requiring up to five years of cancelled checks, receipts and bank statements along with a detailed explanation of all cash withdrawals and movement of funds between accounts. You will need to provide 5 years of documentation to show all your financial transactions.