As many people already know, Medicaid eligibility rules changed dramatically in February 2006, when the legislature enacted the Deficit Reduction Act of 2005 (DRA). It is much more difficult to help clients who need care in a nursing home become eligible for Medicaid.
However, what many people may not know is that in New York there is no look-back period or penalty period for Medicaid Home Care. Elderly attorneys can still do a lot to help seniors who need a home health aide but are afraid of depleting their assets and running out of money.
It has been my experience as a senior citizen attorney that most people prefer to stay in their homes for as long as possible. With a proper care plan, older people can often stay longer in their homes. As you can imagine, an older person’s health can remain intact much longer if they receive adequate meals and hydration, receive routine medical care, and are supervised to walk and move to prevent falls. This basic type of care can keep an older person healthy and functional for years longer than would otherwise be possible.
There may come a time when an older person needs the level of care of a nursing home. However, it is just as possible that having care at home could avoid the need to place that person in a nursing home.
Medicaid and New York Application Process
The process of making someone eligible for home care and applying for home care in New York takes at least 3 months, if not longer. In New York, there are a few different ways to apply for home care. You can apply through one of the local Medicaid offices (called “CASA”). You may apply through one of the Certified Home Health Agencies (“CHHAs”). You may also apply through the Consumer Directed Personal Assistance Program (“CDPAP”). Your elder law attorney will help you decide which way to go depending on your particular situation. In New York City, for example, I often apply through a CHHA, because once the CHHA is satisfied that all application requirements have been met, they can set up care before the Medicaid agency approve the request.
If a client already has a helper and wants to keep that person, assuming that helper can be certified, they would go through the CDPAP program, which allows consumers to hire their own helpers, within certain parameters.
The home care application process is time consuming and confusing. Once you foresee that there may be a need in the future, you should start researching your options as soon as possible because, as with most government programs, there is a lot of paperwork involved.
