NY Health Access About Us   |   Contact Us Empire Justice Center Legal Aid Society NYLAG WNYLC
Search:     Advanced search

Medicaid Resource and Income Disregards

Views: 37598
Posted: 25 Mar, 2010
by David Silva (New York Legal Assistance Group)
Updated: 05 Oct, 2012
by Paula Arboleda (New York Legal Assistance Group)

When determining eligibility for Medicaid in New York state, the local district determines the gross income and resources of the applicant, and then deducts certain items which may be disregarded.  If any of these disregards apply to a particular applicant, then they may be eligible for Medicaid even though their income or resources appear to be over the limit.  As a result, it is important to know which types of income or resources (or which expenses) can be disregarded.

We have created two tables that collect all of the various income and resource disregards applicable to the different categories of Medicaid in New York state.  We have tried to make sure there are citations to the relevant provisions from the regulations or the Medicaid Reference GuideLet us know if you can't find a cite or find a correction!

IMPORTANT -- Note that these income and resource disregards apply for people seeking Medicaid for community-based care, not nursing home care.   The rules for both income and certain resources, such as the home, are different, and are explained in this article


This article was authored by the Evelyn Frank Legal Resources Program of New York Legal Assistance Group.

NYLAG

Attached files
file Funeral Agreement Fact Sheet.2 (6-16-2015).pdf (582 kb)
file IncomeDisregards.pdf (106 kb)
file ResourceDisregards.pdf (66 kb)

Also read
document Keeping Medicaid after Cash Public Assistance or SSI Benefits Are Terminated
document New Application Form (2010, updated 3/2015) Used for Medicaid, Child Health Plus and Family Health Plus in New York State
document KNOW YOUR RIGHTS: Fact Sheet Explaining Basic Rules on NYS Financial Medicaid Eligibility for People who are Disabled, Aged 65+, or Blind
document Spousal Impoverishment Protections for Married Couples where One Spouse is in a Managed Long Term Care Plan - Pooled Trusts Allowed as an Option

Prev   Next
Keeping Medicaid after Cash Public Assistance or SSI Benefits...     Financial maintenance requirements at application and renewal


This site provides general information only. This is not legal advice. You can only obtain legal advice from a lawyer. In addition, your use of this site does not create an attorney-client relationship. To contact a lawyer, visit http://lawhelpny.org. We make every effort to keep these materials and links up-to-date and in accordance with New York City, New York state and federal law. However, we do not guarantee the accuracy of this information. To report a dead link or other website-related problem, please e-mail us.