By Brian L. Miller, Esq.

In April of 2020, New York State passed laws significantly changing the Community Medicaid program for all New Yorkers, including the implementation of a thirty-month lookback for all asset transfers. These laws were intended to take effect in October 2020 but have been pushed back several times due to the ongoing public health emergency. As of today, the new Community Medicaid laws have not been approved by the Federal government.

Recently, the New York State Department of Health informed the public that the earliest the State will seek implementation of the thirty month lookback is March 31, 2024.

Assuming that the lookback period goes into effect March 31, 2024, the thirty-month lookback will apply to transfers made on or after September 30, 2021.

The good news about the delay in implementing the new Community Medicaid thirty-month lookback is that you have not missed your opportunity to complete your asset protection plans and submit a Community Medicaid application. Yes, you still have time to effectuate an asset protection plan and submit a Community Medicaid application before the new law goes into effect.

Additionally, if you have already transferred some or all of your assets since September 30, 2021, you still have time to submit a Community Medicaid application before the new lookback period goes into effect.

To learn more about how our dedicated team of attorneys can assist you with your asset protection plans and Community Medicaid applications, call (914) 684-2100 to schedule a no-obligation consultation today.