What assets are exempt from Medicaid in NY?

Asked by: Prof. Terrell Pacocha  |  Last update: January 29, 2025
Score: 4.9/5 (57 votes)

The following exempt resources are not counted for purposes of Medicaid eligibility:
  • Your primary residence. Your family home is exempt if it's occupied by you, your spouse, or a minor or disabled child. ...
  • Your car. ...
  • Burial allowance. ...
  • Irrevocable Burial Trust. ...
  • Personal property. ...
  • The first $20 of income.

What assets are protected from Medicaid in NY?

Asset Definition & Exceptions

Exemptions generally include one's primary home, personal belongings, household items, a vehicle, burial funds up to $1,500 or a life insurance policy with a cash value up to $1,500, and non-refundable pre-paid funeral agreements. In New York, IRAs and 401Ks in payout status are exempt.

What property is exempt from Medicaid?

Household goods and personal effects are resources that are not counted (are excluded) for the purpose of determining Medicaid eligibility. Personal effects include, but are not limited to, clothing, jewelry, items of personal care, recreational equipment, musical instruments and hobby items.

What assets are exempt from Medicaid estate recovery rights in NY?

Medicaid Exempt Assets
  • • The home up to a value of about $1,100,000.
  • • About $75,000 to $158,000 in resources.
  • • One automobile• Prepaid funeral and burial for applicant and spouse.
  • • Household furniture, personal effects, jewelry with sentimental value.

What transfers are exempt from Medicaid in NY?

Exempt Transfers
  • A spouse.
  • A blind or disabled child.
  • A caretaker child residing in the home and rendering care to the parent for a period of at least two years.
  • A sibling with an equity interest in the property who has resided there for at least one year.

What Assets Are Exempt From Medicaid Estate Recovery Rights? - CountyOffice.org

33 related questions found

Which of the following assets is exempt from Medicaid estate recovery rights?

Assets that are generally exempt from Medicaid estate recovery include: Property jointly owned by the decedent (the deceased) and another person. Life insurance proceeds paid directly to a designated named beneficiary. Assets placed in a trust prior to the death of the decedent.

Does inheritance affect Medicaid NY?

Medicaid will view the inheritance either as income and / or assets, depending on when the inheritance was received and how long it has been since receipt. This, unfortunately, means that receiving an inheritance could cause you to lose your Medicaid benefits.

How do I avoid Medicaid estate recovery in NY?

In most cases, there will be no recovery made if you have a surviving spouse. The state is likewise prevented from taking your assets if you have a surviving child under age 21, or if you have a child of any age who has a permanent disability.

Do you have to pay back Medicaid if you inherit money?

If the inheritance is modest, or it has been spent down within the month, Medicaid may only deem you ineligible for a certain period of time. It is important to note that depending on when you report the inheritance you may have to pay back the cost of any Medicaid benefits you received during that time.

Which of the following is not an exempt asset according to Medicaid?

The correct option is b. Vacation home is NOT an exempt asset under the Medicaid eligibility standards. Under the Medicaid eligibility standards, certain assets are considered exempt, meaning they do not count towards the asset limit for Medicaid qualification.

Do I have to sell my house to qualify for Medicaid?

Note: California stands apart from the other states. CA eliminated their Medicaid (Medi-Cal) asset limit effective 1/1/24. Medi-Cal applicants and beneficiaries can have unlimited assets and still be eligible for Medi-Cal. They could sell their home and it have no impact on their eligibility.

What is a non-countable asset?

Non-countable assets are things that hold value to the applicant that do not count toward the resource limit. An essential non-countable asset is your home.

What assets can you keep when you go on Medicare?

On January 1, 2024, the asset test to qualify for a Medicare Savings Program was eliminated. This means individuals can have any amount of assets and still qualify for a Medicare Savings Program. Assets are things that you own, such as bank accounts, cash, second homes and vehicles.

How do I protect my assets while on Medicaid?

A Medicaid Asset Protection Trust is exactly as it sounds—a trust designed to protect assets from being counted for Medicaid eligibility. An MAPT allows a person to qualify for long term care benefits from Medicaid, while protecting assets from being depleted if long-term care is needed.

What is an exempt asset for Medicaid?

There are “countable assets” and “exempt assets”. An applicant's home furnishings and appliances, personal items, vehicle, and generally their home, are exempt. For home exemption, an applicant (or their spouse) must live in their home or the applicant must have “Intent to Return”.

Can you hide assets to qualify for Medicaid?

Purposely not disclosing asset information in order to gain Medicaid eligibility is illegal. It is fraud, and consequences for hiding assets can be severe, including jailtime and hefty fines. Furthermore, persons should not gift assets as a means to “hide” them and qualify for Medicaid.

Can Medicaid come after your house?

In order to recover money from your estate, Medicaid has to go through the probate process, similar to other creditors. Medicaid may also place a lien on your real property (real estate), so that if the property is sold before or after your death, the state will get paid back from those funds.

What benefits do I lose if I inherit money?

Receiving an inheritance could impact your eligibility for supplemental security income if it makes you exceed income or resource limits. Even a modest inheritance could reduce or eliminate your SSI benefits, at least temporarily.

What happens if you win money while on Medicaid?

Winning the lottery generally doesn't require you to pay back Medicaid costs. However, it can affect your eligibility for Medicaid, as eligibility often depends on income levels, which vary by state. You might lose your benefits if your lottery winnings push your income above the Medicaid threshold.

Do you have to pay back Medicaid in New York?

If you lose the asset to Medicaid Recovery, you haven't preserved it. All you've done is gotten an interest free loan from the government. The general rule is that any Medicaid paid after age 55 is subject to payback and the rules are complicated.

Can Medicaid put a lien on your house in NY?

In addition to the right to recover from the estate of the Medicaid recipient, state Medicaid agencies may place a lien against the home owned by a Medicaid recipient during his or her life under several circumstances, including if she or he is considered “permanently absent” from the home because she or he resides in ...

Will I lose my Medicaid if I get an inheritance?

An inheritance will be counted as income in the month it is received. Therefore, if you receive an inheritance and the amount puts you over the income limits, you will be ineligible for Medicaid benefits for at least that month.

How often does Medicaid check your bank account?

Medicaid agencies can check your account balances for bank accounts at any financial institution you've used in the past five years. They will check when you submit an application and on an annual basis, but checks can occur at any time.

What can cause you to lose your inheritance?

Will disputes.
  • The will is dated and does not reflect the decedent's wishes;
  • Circumstances have changed since the will was made (i.e. a remarriage or the birth of a child);
  • The decedent expressed different wishes verbally prior to death;
  • The decedent leaves property to someone other than their spouse;