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Financial Eligibility
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: 3408
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: 15386
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: 1764
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: 7671
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: 2366
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: 2471
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: 3115
Medicaid Resource Disregards Download
ResourceDisregards.pdf
This table lists all of the types of resources (aka, assets) that are excluded for purposes of Medicaid eligibility, including which Medicaid categories they apply to, and citations to authority.
Do not use for MAGI Medicaid effective 1/1/2014.
Updated 10/7/2013.
07 Oct, 2013 66 kb Downloads: 37082
Medicaid Income Disregards Download
IncomeDisregards.pdf
This table lists all of the different sources of income that are excluded from countable income for Medicaid purposes, indicating which categories of Medicaid the exclusion applies to and citations to authority.
Note: do not use for MAGI Medicaid eligibility effective 1/1/2014.
Updated 10/7/2013.
07 Oct, 2013 106 kb Downloads: 98484
NYC HRA - Explicacion del Surplus Income Program - Spanish Download
MAP-931(S) Surplus Income Spanish 2011-08-02.pdf
Document MAP 931 (S)(Spanish) explaining Surplus Income Program, dated 8/2/2011
21 May, 2013 32 kb Downloads: 2975
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