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Medicaid Planning

Long Island Medicaid Planning Attorney

Few of us want to consider planning for long term care, however, without this planning, you could find yourself unable to self-pay for an assisted living facility or nursing home, yet also unable to qualify for Medicaid. Medicaid is a “means-tested government entitlement,” which means your income and resources must be below a certain level to entitle you to benefits. Proper planning can both protect your assets and ensure you are entitled to Medicaid benefits should the need arise.

Many people are misinformed regarding Medicaid planning issues, believing there is nothing they can do to protect their assets. In many cases, assets can even be protected at a very late date, although the earlier the planning begins, the better your assets can be protected.

The New York State Department of Health lists the annual estimated 2018 nursing home rate in Long Island as $156,636, with New York City nursing home rates at about $147,828. Our attorneys at Esther Schwartz Zelmanovitz, PLLC are highly skilled and knowledgeable in the use of Medicaid-exempt transfers, irrevocable trusts, and combinations of loans and gifting as well as other planning techniques as tools to protect assets as a part of Medicaid planning.

We can assist you with the Medicaid application process, while always ensuring your interests are the primary concern. Early planning is always the best course of action; our team will ensure your Medicaid application is accurately and professionally prepared.

Recommended reading: NYS Income and Resource Limits for Medicaid (2025)

New York Long Term Care Planning

Any service required to meet the personal care needs of an individual can fall under long term care. A person turning 65 today has nearly a 70 percent chance of needing some level of long-term care services or support in their remaining years. Overall, women will require an average of 3.7 years of long term care services or support, while men will require an average of 2.2 years of long term care services or support.

Specifically, the following percentages of people aged 65 and older will need the stated levels of care at some point in their life:

  • 69% will require some type of long term care service
  • 59% will receive unpaid care in their home for at least one year
  • 42% will receive paid care in their home for less than one year
  • 35% will receive care in a nursing home for at least one year
  • 13% will receive care in an assisted living facility for less than one year
  • 37% will receive some type of facility-based care for at least one year
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Common Questions about Medicaid

What is Medicaid planning?

Statistically, many of us will need to reside in a nursing home or similar facility. If you don’t have long-term care insurance or cannot afford the ever-increasing cost of such insurance, then the remaining options for paying for a nursing facility are to pay out-of-pocket or to rely on government programs that may cover eligible individuals for their final stage of care. There are legal strategies available to arrange your affairs in a way to ensure that you will qualify for Medicaid, while also preserving much of your estate for your final beneficiaries. An experienced elder law attorney can help educate you on the options available to you and your family.

Am I eligible for Medicaid?

There are asset-level or wealth limits to be eligible for state Medicaid. There are also income limits. However, there are permissible and legal strategies to move toward becoming eligible for Medicaid if you are currently in excess of these limits.  Speak with a Medicaid planning lawyer in Long Island today to explore your options and how you can protect your estate for your loved ones. 

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Medicaid Planning in New York

Medicaid is a “means-tested” program that addresses the health care needs of those who cannot afford to privately pay for long-term care. Medicaid is jointly funded by the federal and state governments for those who are low-income. An individual must be over the age of 65 or disabled, blind, eligible for public assistance, or a recipient of Supplemental Security Income (SSI) to qualify for Medicaid. Further, the individual may only have minimal assets to qualify for Medicaid benefits in New York.

Nassau and Suffolk counties may each have specific documentation or processes for Medicaid applications. Families should gather all bank statements, tax returns, and property or investment information from the past five years. County Medicaid offices use these records to determine if you qualify or if any transfers might trigger a penalty. Missing paperwork or incomplete details often slow down decisions. We guide our clients through the process so they know what to expect and how to keep things moving as smoothly as possible.

When an application for Medicaid nursing home care is made, local officials not only check your current financial eligibility; they also review whether you made any gifts or property transfers in the past five years.

Medicaid rules require applicants and spouses to share all financial transactions from the last 60 months (five years). This is called the "look-back" period. If you or your spouse transferred money or property during this time, the county may impose a penalty equal to the value of the transfer.

For example, if someone transferred a $200,000 home to their children or a trust and sought nursing care two years later, Medicaid may say the applicant must first cover $200,000 of their own costs before the program pays. This creates a problem since the money is no longer available to pay for care.

In New York, the five-year look-back applies only to nursing home Medicaid, not home care. Because of these rules, early planning makes a difference. Our attorneys at Esther Schwartz Zelmanovitz, PLLC, can help you review requirements and eligibility under the latest laws.

Risks of Waiting to Plan for Long-Term Care on Long Island

Delaying long-term care and Medicaid planning risks more than your finances. Timelines like the five-year look-back rule for nursing home Medicaid mean late planning may lead to costly penalties. In Nassau and Suffolk, some in-home care program waitlists or eligibility limits can also leave families scrambling if they wait too long. Waiting can narrow choices and make it tougher to secure care from trusted providers close to home. Starting early gives you better options, reduces stress, and helps you protect what matters most—your loved ones and your assets. At Esther Schwartz Zelmanovitz, PLLC, we believe every Long Island family deserves individualized guidance so you can plan with confidence.

How Medicaid and Long Term Care Planning Differ from Medicare in New York

Many people mistake Medicaid for Medicare when planning for long-term care. In New York, Medicare only covers skilled nursing facility care for a short time after a hospital stay and does not pay for the ongoing assistance needed by most seniors. Medicaid offers the main public support for adults who need custodial care at home or in a facility once private funds are gone. This distinction is especially important for Long Island families because eligibility rules, asset limits, and the range of covered care differ by program. Knowing the difference early lets you take steps to protect your assets and select care options that suit your family's needs. The team at Esther Schwartz Zelmanovitz, PLLC, guides clients through these details so you are prepared for each stage of aging and care planning. Connect with a professional long-term care lawyer in Long Island at our firm as soon as possible.

The Medicaid Application Timeline  Process in Nassau & Suffolk Counties

Applicants in Nassau and Suffolk should prepare for a Medicaid application process that requires careful documentation and attention to county preferences. Each county Medicaid office reviews five years' worth of financial records, looking for transfers that might affect eligibility. After submitting your application and supporting materials, local agencies often take several weeks to months to decide. Delays can occur if more information is needed. Staying organized and quickly responding to county requests can help keep your application on track. Nassau and Suffolk counties may prefer different documentation, so local knowledge is valuable for assembling a strong application and reducing wait times.

Get the Help You Need for Long-Term Care and Medicaid Planning from Esther Schwartz Zelmanovitz, PLLC

Long-term care and Medicaid planning can be overwhelming, confusing, and stressful. While you want the best chance of success in obtaining Medicaid benefits, navigating through it on your own is simply not an easy task. Incorrect planning can set you back on the time that you or your loved one may not have. Esther Schwartz Zelmanovitz, PLLC, provides individualized attention to each client, crafting a solution that is uniquely tailored to your specific situation.

Our team stays up to date on Medicaid rules affecting Long Island, so your advice matches both your needs and your location. We explain which documents county offices require and highlight differences in care available from Nassau to Suffolk. Through years of working with local families, we tailor guidance to reduce stress and make planning manageable for you and your loved ones.

Clients find peace of mind through our attentive service, proven solutions, and trusted approach. Esther Schwartz Zelmanovitz, PLLC, a top-rated law firm, welcomes clients for home visits and evening appointments, proudly serving Long Island and all five boroughs of New York City.

Contact Esther Schwartz Zelmanovitz, PLLC today for a comprehensive evaluation of your needs.

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