NY Health Access About Us   |   Contact Us Empire Justice Center Legal Aid Society NYLAG WNYLC
Financial Eligibility
NYS OHIP-0026 (11/10) - Explanation of the Excess Income Program Download
OHIO-0026 Explanation of Excess Income Program 11-2010.pdf
Revised Explanation of the Excess Income or Spend-down Program by NYS DOH
15 Apr, 2014 20 kb Downloads: 6962
HRA Alert: Spousal Impoverishment Budgeting for MLTC Applicant/Recipients Download
Medicaid Alert Re Spousal Impv Budgeting 3-2014.pdf
Published in March 2014
05 Mar, 2014 153 kb Downloads: 2718
NYS Bar Association Elder Law Section Letter to NYC HRA Dec. 17 2013 - Spousal Impoverishment Allowances Illegally Denied Download
NYCHRA_NYSBA_Letter spousal budgeting 2013-12-17 REDACTED.pdf
Letter to HRA to cease the unlawful practice of denying this impoverishment income allowance to community spouses who did a spousal refusal. HRA responded and corrected its policy, provided spouse provides complete information regarding income and resources. For links to these documents and to the letters from the NYSBA and HRA, see http://www.wnylc.com/health/entry/96/
04 Mar, 2014 178 kb Downloads: 3103
NYC HRA 2013 MAP INF-04 Spousal Refusal Instructions - Supplement to MAP Procedure 90-10 Download
2013 MAP INF-04 Spousal Impoverishment Correction.pdf
A community spouse is entitled to the community spouse monthly income allowance (CSMIA) even if she does a spousal refusal to contribute resources. See NYS ADM 91-ADM-33 and NYS DOH Medicaid Reference Guide at page 396. However, since mid-2012, the NYC HRA Medicaid program has violated this longstanding state rule and has denied the community spouse this income allowance if she executed a spousal refusal. Many fair hearing decisions reversed these determinations, see, e.g. FH 6208131N (3/1/2013), FH 6318971R (9/5/2013). In December 2013, the Elder Law Section of the NYS Bar Association asked HRA to cease this unlawful practice of denying this impoverishment allowance. Through a Freedom of Information request, the Bar identified some internal HRA procedures that were wrong and asked that HRA correct them. On Dec. 24, 2013, HRA issued 2013 MAP-INF 04 which correctly states that the community spouse is entitled to the CSMIA even if she does a spousal refusal, if she provides complete information regarding income and resources.
04 Mar, 2014 36 kb Downloads: 2507
Medicaid Reimbursement for Home Care Expenses Download
Medicaid Homecare Reimbursement.pdf
Practical Guide on getting Medicaid to reimburse for home care expenses incurred during the 3-month retroactive period, and during the pendency of the application, in New York City. Includes citations to pertinent case law and regulations.
03 Mar, 2014 319 kb Downloads: 12413
Preserve "Spousal Refusal" in NYS - Statement of Coalition to Protect the RIghts of NY's Dually Eligible Download
CPRNYDE Spousal Refusal - 2014-2015 Budget FINAL.pdf
Opposing Governor's Budget proposal for SFY 2014-15
05 Feb, 2014 574 kb Downloads: 1328
MICSA Alert 12-24-13 Important Changes in Medicaid Application Submission-MAGI and Non-MAGI Download
2013-12-24 Important Changes in Medicaid Application Submissions-MAGI and Non-MAGI.pdf
MICSA Alert 12-24-13 explaining application procedures for MAGI and Non-MAGI Medicaid recipients.
03 Jan, 2014 93 kb Downloads: 6870
MICSA Alert 12-24-13 Substantial Home Equity (Nursing Home and Community-Based LTC) Download
2013-12-20 Substantial Home Equity (NH and CBLTC).pdf
MICSA Alert 12-24-13 explaining the substantial home equity limits for Medicaid eligibility.
03 Jan, 2014 109 kb Downloads: 1831
MICSA Alert 12-16-13 Spousal Impoverishment & Transfer of Assets Rules for Certain Individuals Enrolled in MLTC Download
2013_12_17 MLTC Spousal Impoverishment.pdf
MICSA Alert issued 12-16-2013 explaining spousal impoverishment option for certain MLTC enrollees and the requirement that the local districts apply institutional eligibility rules, including transfer of assets provisions, when an MLTC enrollee is in receipt of long term nursing facility services.
03 Jan, 2014 374 kb Downloads: 1822
Letter Dec. 23, 2013 from Roy Esnard, General Counsel NYC HRA re Community Spouse Monthly Income Allowance in Spousal Refusal cases Download
Esnard Letter 2013-12-23 CSMIA.pdf
Letter in response to 12/18/2013 letter sent by NYS Bar Association Elder Law Section demanding that HRA cease illegal practice of denying Community Spouse Monthly Income Allowance to community spouses who did a Spousal Refusal
02 Jan, 2014 79 kb Downloads: 2397
Prev Next
1 2 3 4 5 6 7 8 9


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.