Can I Give My Assets Away To Qualify for Medicaid?

Many individuals are forced to consider applying for Medicaid for a host of reasons, all mainly to help alleviate the cost of medical care. Medicaid is a joint federal and state public health insurance program for people with low income. The program covers 1 in 5 Americans, many with intricate and expensive needs for medical care. Medicaid is the principal source of long-term care coverage for many Americans. The majority of Medicaid enrollees lack access to other affordable health insurance. Medicaid covers a broad array of health services and helps limit out-of-pocket costs.

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There are many factors to consider when applying for Medicaid, and this is widely due to the eligibility requirements that Medicaid has. If an individual has too many assets, they won’t be able to qualify for Medicaid. However, there are many legal ways to move your assets, which can allow you or a loved one to be eligible for Medicaid.

1) What qualifications do you need to have to become eligible for Medicaid? 

To be eligible for New York Medicaid, you have to be a resident of New York State, a U.S. national, citizen, permanent resident, or legal alien, in need of health care/insurance assistance, whose financial situation would be characterized as low income or very low income. You must also be one of the following:

  • Pregnant, or
  • Be responsible for a child 18 years of age or younger, or
  • Blind, or
  • Have a disability or a family member in your household with a disability, or
  • Be 65 years of age or older.

But the primary concern regarding Medicaid qualifications for many Americans is what is considered low income.  

2) How does Medicaid know what assets you have?

When you are determining if you are eligible for Medicaid, the Department of Social Services (“DSS”) will evaluate the Medicaid applicant or recipient’s income and assets that actually or will potentially exist. However, only such income and/or assets that are actually found to be readily available to the applicant may be considered in determining eligibility for Medicaid. In 2021, an individual can have no more than $17,131 in income to be eligible for Medicaid. 

Can I Give My Assets Away As A “Gift” To Qualify for Medicaid?

In general, while determining the Medicaid eligibility, any gifting of assets made by the applicant within the look-back period will render the person ineligible for Medicaid for a period of time. Currently, the look-back period is five (5) years prior to the date of application.

Everyday common gifts can be considered by this vague word, “gift.” For example, paying for your grandchildren’s college education or contributing to your local church can all be considered gifts for purposes of determining Medicaid. A common myth is that you are allowed to gift $17,131 each year without incurring a penalty for Medicaid eligibility purposes. But as the word myth suggests, this is incorrect. In 2021, the annual gift tax exclusion for federal gift tax purposes is $15,000. That means that you can open the phone book and give everyone in the phone book $15,000 this year without filing a gift tax return. However, federal tax law has nothing to do with Medicaid eligibility rules. If you are gifting $15,000 each year, those gifts will still be evaluated for Medicaid eligibility purposes.

When is a gift not a gift (or in Medicaid terms a “transfer”) for Medicaid eligibility purposes? New York State law states that a person will not be ineligible for Medicaid if they transferred assets unless it was transferred exclusively for a purpose other than Medicaid eligibility. Ok, that seems easy enough. For example, you obviously didn’t pay for your grandchildren’s college education because you were specifically trying to qualify for Medicaid. However, as a matter of policy, DSS has historically been reluctant to accept this argument from applicants who have made significant gifts of assets like paying thousands of dollars for college. The result is that many individuals are denied Medicaid eligibility despite making regular (and necessary) gifts during the look-back period. However, there have been instances where applicants successfully argued that gifts made during the lookback period were for purposes other than to qualify for Medicaid and therefore, eligible for Medicaid. While determining the applicant’s intention, the DSS will consider things such as the applicant’s physical and mental condition at the time of the gift, the applicant’s use of the gifted funds, and the applicant’s financial security. The DSS may also evaluate whether the applicant gifted their own funds or if they received the funds through inheritance or windfall. To add, the DSS may check to make sure how much time passed between the gifting and the applicant’s institutionalization and whether this applicant lived alone when they made the gifts. Finally, the DSS may review whether the applicant had considered institutionalized care when the gifts were made.

3) Do assets disqualify you from having Medicaid?

No, not necessarily. Having assets won’t automatically disqualify you from having Medicaid. For example, in New York, a single applicant who is blind, disabled, or 65 and older is allowed to retain $15,900 in liquid assets. And for married couples, asset limits vary by the state, the Medicaid program, and if one or both spouses are applying for Medicaid.

However, just because a senior’s assets exceed the general limits listed above it does not mean they are automatically ineligible for Medicaid. States implement different rules and resource limits, and an elder can create a personalized asset spend-down plan to meet their state’s eligibility criteria. States also have varying laws regarding trusts and how they are counted, or not counted, when determining Medicaid eligibility. 

There are also many other guidelines for calculating income and figuring out one’s medical need for care and assistance. Also, different financial rules apply to married couples. It is recommended to familiarize yourself with these eligibility requirements early on in case you ever need to help an aging loved one apply for Medicaid (or file an application yourself).

4) How can an Elder Law Attorney help?

Given the economic environment, it is common for lawyers to encounter situations where applicants gift their children or grandchildren during the look-back period which makes the Medicaid application process more complicated. And in most cases, handling the application process without any professional assistance can result in a determination of ineligibility and even a costly Medicaid penalty period. The assistance of competent counsel practicing in the area of elder law is imperative. It is important to work with an experienced elder law attorney with Medicaid planning experience. 

For further Medicaid planning, please contact the Law Office of Inna Fershteyn at (718) 333-2395 to receive the most highly qualified legal advice.

How Does A Medicaid Asset Protection Trust Work?

Today we are going to learn about what a Medicaid Asset Protection Trust is and how it works. We also going to discuss when it should be used, it’s benefits and how an elder law attorney can help you through the process.

What is a Medicaid Asset Protection Trust?

A Medicaid Asset Protection Trust, sometimes called Pooled Income Trust, is a tool to protect your assets and allow people to qualify for Medicaid long-term care.

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When should a Medicaid Asset Protection Trust be used?

To protect your assets, the trust has to be created 2.5 years before home care Medicaid is needed or 5 years before nursing home care is needed. This is because Medicaid inputs a “look-back” period when someone applies for Medicaid. The reason a certain period of time has to pass before your assets are protected is that the transfer of assets into a Medicaid Asset Protection Trust is considered a “gift.” Medicaid also enforces strict income and asset guidelines. In order to qualify for Medicaid, you cannot have more than $2,000 of liquid assets. Liquid assets are assets that can be easily converted to cash in a short amount of time. Examples include cash, checking accounts, and saving accounts. Once you meet the guidelines, Medicaid looks into what happened to your assets which is why you need to prepare years beforehand. The applicant still has to report the existence of the Medicaid Asset Protection Trust – it is not hidden from the government in any way.

How Does a Medicaid Trust Work?

A Medicaid Asset Protection Trust is an irrevocable trust which means once it has been made, it cannot be changed or terminated without the permission of the grantor’s beneficiary. Assets placed in the trust are considered gifts to the beneficiaries, which protects the assets from Medicaid. In New York, an irrevocable trust can be revoked as long as the beneficiaries and the grantor consent to it. But, beware that once a Medicaid Asset Protection Trust is revoked, the assets are no longer protected by this trust. 

The Grantor of a Medicaid Trust has to name someone other than themselves or their spouse as the Trustee. This means that the Grantor is giving up control. However, the Grantor still has the power to remove and change any trustee as well as the power to change the beneficiaries of the Trust. If the Grantor owns a home, they can maintain the right to live in that home rent-free for their entire life, and their spouse can do so too. This “life estate” lets the grantor continue to obtain any property tax exemptions.

The Grantor is not entitled to the principal of any assets placed in an Irrevocable Trust which means that they are not entitled to any of the property that can generate ordinary income.
However, they can receive all income (interest, dividends, rental income, etc.) that the Trust assets may generate. The Trustee’s role is to invest the assets held by the Trust. However, because the Grantor maintains some control over assets in the Medicaid Trust, it is considered a grantor trust, and they are still taxed on any income.

When an Irrevocable Trust is created, assets that the Grantor wants to protect will be retitled in the name of the Trust, which is known as “funding the trust.” Assets can include anything from a checking or brokerage account to property. However, Individual Retirement Accounts do not get retitled into the name of the Trust because they are already protected for Medicaid purposes by law – as long as the required minimum distribution is taken. 

Usually, Grantors will place their home and some liquid assets in the trust and name a child as trustee then not think about it for years. Most trusts provide that after the death of one of the spouses, the income interest continues for the surviving spouse. Then, after the death of the remaining spouse, the assets are distributed to beneficiaries as they would be in a will. 

What are the benefits?

The main benefit of a Medicaid Asset Protection Trust is the ability to receive Medicaid. In general, with trusts, you can protect your and your family’s assets and pass on any valuable assets, like property. Some other specific benefits have been mentioned above such as property tax exemptions, uninterrupted income, and the ability to still use the assets after the grantor’s death. Some other benefits include:
● Avoidance of probate court
● Maintenance of privacy
● Avoids the hassle of multi-state probate proceedings- in case trustees do not reside in the state that the grantor did
● Provides planning for mental disability- should the grantor ever not be sound of mind, they cannot amend the trust
● Keeps assets in the immediate family
● Keeps assets out of surviving children’s divorces
● Keeps money out of creditors’ reach

How can an elder law attorney help?

An elder law attorney can help you decide whether a Medicaid Asset Protection Trust is right for you. A host of factors goes into the decision, such as the client’s available funds, relationship with intended beneficiaries, and timing. It is important to meet with a knowledgeable and experienced elder law attorney to assess which plan best achieves your goals and relieves any of your concerns.

For further Medicaid planning, please contact the Law Office of Inna Fershteyn at (718) 333-2395 to receive the most highly qualified legal advice.

Understanding the Medicaid Look-Back Period and Penalty Period

If you need help with paying for healthcare costs and have low-income and limited resources, you might qualify for Medicaid. Medicaid is a federal and state program that offers medical and health coverage for people with low incomes and limited assets who otherwise cannot afford paying for health care. In order to be eligible you must meet strict financial eligibility requirements both during the application process and after you have qualified.

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Financial Eligibility Requirements for Long-Term Care Medicaid 

Many low-income seniors find that their countable assets and/or income exceed the Medicaid restrictions in their state. They must carefully reduce or "spend down" extra funds on things like medical expenditures, house improvements, a prepaid funeral plan, and so on in order to meet the financial requirements. Gifting—giving away money or assets for less than market value—is not permitted as part of a Medicaid spend-down strategy.

The Centers for Medicare and Medicaid Services (CMS) devised a system for analyzing all applicants' financial histories to prevent seniors from simply giving away all of their assets to family and friends and then depending on Medicaid to pay for their long-term care. The following sections review the ins and outs of the Medicaid look-back period, as well as what happens when a senior decides to transfer assets.

The Medicaid Look-Back Period

Medicaid only looks at applicants' previous financial information for a limited period of time. This is known as the Medicaid Look-Back Period. Each state's Medicaid program has slightly different eligibility standards, but most states look at all of a person's financial transactions five years back (60 months) from the date of their qualifying application for long-term care Medicaid benefits. (This timeframe is only 30 months in California.)

There is no difference between the number of gifts an applicant made and to whom the gifts were given during the Medicaid Look-Back Period—barring a few exceptions, which will be discussed later on. If a senior's money or assets changed hands for less than FMV in the five years leading up to their application date, they will incur a penalty period during which they are ineligible for Medicaid.

The Medicaid Penalty Period

If a senior files for Medicaid and is found to be otherwise eligible, but has gifted assets within the five-year look-back period, they will be prohibited from receiving benefits for a specified amount of months. This is known as the Medicaid Penalty Period and there is no limit to how long a penalty period can be. 

For example, if you write a check to a family member for $14,000 and apply for Medicaid long-term care within five years of the date on the check, then Medicaid will delay covering the cost of your care because you could have used that money to pay for it yourself. The penalty period begins running on the date a senior applies for Medicaid coverage, not the date on which they gifted the money.

The length of the penalty period is determined by the total amount of assets gifted by the applicant and their state's specific "penalty divisor," which is the average monthly cost of a long-term care facility in that state. (The divisors may be the averaged daily expenses in some jurisdictions, and several states even employ divisors that are particular to nursing home costs in individual counties.) These figures are published annually by each state’s Medicaid program.

Who Pays During Medicaid Penalty Periods?

When a senior requires care but has spent down all of their assets (inadvertently) and is no longer covered, one might wonder who pays for their care. If a senior has gifted countable assets during the look-back period and needs nursing home care, they will have to pay for it out of pocket until the look-back period is over and the senior can apply for Medicaid without difficulty, or until the penalty period expires and they are eligible for coverage.

Exemptions and Exceptions to Medicaid Gifting Rules 

Medicaid penalties do not apply to all gifts.

One exemption you may receive is a “child caregiver exemption” for transferring assets to a child who has taken care of you for at least two full years. For example, if your daughter's care allowed you to put off moving into a nursing home, then transferring your home into her name for less than fair market value would not be penalized. Even if a senior applies for Medicaid within five years after the transfer, the "child caregiver exemption" still applies.

Another exception to the rule is a gift (or the creation and funding of a trust) for a kid who is blind or disabled under the Social Security Administration's standards. No penalty will be imposed on such a gift, regardless of its size.

Finally, gifts between spouses are never subject to any penalties. There is no need to impose a penalty on such transactions because both spouses' entire assets are counted when one spouse applies for long-term care Medicaid.

Successfully applying for Medicaid is a complicated and difficult process, and is rarely something you do on your own. Mistakes can have long-term financial consequences for a family. If you or someone you know plans to apply for long-term care Medicaid, please contact the best elder lawyer who can guide you through the application process at the Law Office of Inna Fershteyn at (718) 333-1233. 

How Will a Personal Injury Settlement Impact My Social Security and Medicaid Benefits?

Dealing with an injury that hinders your ability to work is hard enough. Many seek Social Security benefits to help ease the difficulty in times where they are injured but the process is intricate and can come with many hardships in order to receive these benefits. If you were injured in an accident, you are now also able to file a personal injury lawsuit against the party responsible for the accident. This can hinder your benefits that were already difficult to receive and though a settlement may seem nice in a situation like this, you depend on your social security benefits more. Situations like these may seem troublesome but you can seek out the help of a personal injury attorney as well as an elder law attorney as this overlap of your benefits and injury can be complicated. The personal injury attorney can help with a lawsuit for the accident but an elder law attorney has in-depth knowledge of the Social Security benefits and what will affect these benefits so you are not put at risk of losing them.

How Will a Personal Injury Settlement Impact My Social Security and Medicaid Benefits?

How much liquid assets can you have for Medicaid and for SSI?

You may be worried about how much liquid assets you can have to be eligible for Medicaid and SSI which include cash, stocks, bonds, and CDs. In New York, In order to be eligible for Medicaid and SSI benefits, you can have up to $2,000 in liquid assets. If you have more, you won’t meet the requirements to receive these benefits, and if you are already receiving benefits, they may be compromised.This is something to keep in mind if you have Medicaid or SSI benefits and want to file for a personal injury lawsuit. Social Security doesn’t depend on work credits and is need-based so it depends on assets. If you receive a settlement for an accident, it can potentially put you over the asset threshold hindering your eligibility for your SSI benefits. It may seem unfair that your benefits may be suspended for receiving a no-fault settlement for your injury, but this is how the system works. These are a few things you should be aware of when deciding between a personal injury settlement or the benefits you need to meet ends meet.

2 Ways To Protect Your Settlement:

  1. A “spend down”: This option is when you spend a good amount of the settlement on resources that are exempt and needed for the benefit of the disabled recipient to ensure you are not over that asset threshold. This is a good option for those who want a simple way of using the settlement money but also helps them while ensuring they are still eligible for the benefits. Some exempt resources include household goods, personal effects, paying off your home mortgage, and paying off any existing debts. These are just a few items that are exempt from being counted as assets and your settlement fund can be used towards them to keep you under the asset threshold. 
  2. Set up a Special Needs Trust (SNT): This option is for those who don’t want to go through the trouble of spending the settlement fund but rather just set up a special needs trust. A special needs trust is a trust that is created for you to put your settlement money in and can be used for transportation, certain therapies, and nursing care without hindering your SSI or Medicaid benefits. This is good for those who want to use the funds to help recover from the accident without having to worry about their SSI benefits and Medicaid benefits being suspended, compromised or revoked. This trust can be set up with the help of an Elder Care attorney and will help make the process of protecting your settlement trouble-free. 

Both these options are great for those who are considering filing for a personal injury lawsuit, but do not want to risk losing their SSI and Medicaid benefits. You should make sure you proceed with either option that best fits your situation after obtaining a settlement for an accident when you are receiving these benefits. This will help reduce the risk of your benefits being suspended and protect your settlement. 

Speak with an Elder Law Attorney

An Elder Law attorney is informed of all current updates to the laws on Medicaid eligibility and SSI benefits eligibility. Unfortunately, Medicaid and SSI requirements can differ from state to state so it makes the process of applying and keeping your benefits even harder. An Elder Law attorney in your area will help simplify this process for you and advise you of all updates to the law and eligibility requirements creating fewer problems on this journey of Medicaid planning and other aspects surrounding Elder Law. Hiring an Elder Law attorney will also ensure that you're still eligible for your SSI and Medicaid benefits even if you plan on filing a personal injury lawsuit. Protecting your settlement will be a priority and an attorney will help you choose the right option to ensure you can still receive your settlement fund without hindering your benefit eligibility.

For further information on how a personal injury settlement may affect your Medicaid and SSI benefits please contact the Law Office of Inna Fershteyn at 718-333-2394 to obtain aid in options to protect your settlement fund and help with any of your Elder law needs.

How Can An Elder Law Attorney Help Me Get Approved for Medicaid?

There are many ways an elder care attorney can help you get approved for Medicaid. Medicaid is a joint federal and state program that covers medical payments, such as hospital care, physician services, and long-term care in nursing homes for individuals with financial need. Individuals of low socio-economic class are unable to cover the costs of medical care out of pocket and therefore rely on Medicaid for aid. Applying for Medicaid is a very difficult and lengthy process, as the questions being asked within the application have great depth and implications for your future. The foundation system responsible for asking the questions that define your eligibility for Medicaid purposely selects specific diction and word choice which may make it challenging for elderly individuals to effectively answer the questions. Answering these questions incorrectly or inaccurately could place your potential coverage in jeopardy, meaning you may not qualify for the aid you need to cover your medical costs. Considering that these questions are the main defining factor when it comes to obtaining Medicaid coverage, family members should seek guidance from an experienced Elder Law Attorney to guide them through this imperative process. The attorney is highly experienced and familiar with New York state’s rules when it comes to long-term care planning and receiving government benefits.The Elder Care Attorney will use her experience in the field to devise the most effective plan in assisting the family by selecting strategies that align with the family’s personal and financial circumstances.

An Elder Law Attorney Could Help you get Approved for Medicaid

Differences Between Medicaid and Medicare:

Medicaid and Medicare are often confused, as both provide medical coverage to individual applicants. However, there is a grand difference between both programs based on the qualifications and the services provided. Medicaid is directly managed by the state and federal government, which correlates with an individual's income to calculate their estimated extent of need. Medicaid covers low-income individual’s medical care regardless of their age. Medicare, on the contrary, typically applies to individuals over the age of 65, and in some cases covers the costs of medical bills for individuals with disabilities at any age. Medicare patients pay part of the costs through deductibles for hospital coverage and small monthly premiums for non-hospital coverage. Expenses that are not covered by Medicare will have to be paid out of pocket or with the help of a private long-term care insurance policy. 

Benefits of Medicaid Coverage:

New York Medicaid benefits pertain to regular examinations, immunizations, and doctor visits. Coverage also extends to medical supplies and equipment, lab exams, X-rays, dental, and vision. Medicaid is beneficial in regards to covering nursing home service payments, hospital stays, emergencies, and prescriptions. Medicaid coverage is extremely helpful for individuals who cannot afford to pay the costs of their medical healthcare independently. This is a great stress reliever and minimizes the pressure on loved ones who worry about paying for their own care or their family members’ care. New York state Medicaid covers essential dental services that are medically necessary, such as extractions to prevent disease. Medicaid will provide a reimbursement for eye examinations every two years and glasses when medically necessary. Medicaid may also cover the cost of contact lenses with prior authorization. Medicaid guarantees that medical professionals will select the most cost effective options when prescribing a patient’s medication, which in most cases is simply the generic brand. Medicaid may also provide reimbursements for over the counter products. New York Medicaid also provides emergency and non-emergency transportation services to beneficiaries. 

Medicaid Eligibility Requirements:

Medicaid eligibility depends on your household size and your earned income. An individual with assets and income that exceed the designated Medicaid requirements will not be eligible for coverage. This means that individuals entering nursing homes will be considered private pay residents and must continue to spend down until they become eligible for Medicaid coverage. There is a five year lookback period involved regarding any gift given to heirs,which may result in a Medicaid penalty or completely prevent you from meeting the qualifications of Medicaid coverage. This is established to prevent Medicaid applicants from transferring their large assets to their children and then claiming they have a financial need for coverage. The lookback period is exactly 60 months, which is five years from your application date. The applicant’s home is not considered as assets, but the estate pay be billed for services provided after the individual passes away. Vehicles, household contents, prepaid burial funds, and an IRA or 401(k) plan are all excluded from the asset calculation process that determines if you are eligible for Medicaid coverage. If the applicant is married, then both spouses’ income will be considered in the effort to grant coverage, even if only one spouse is in need of Medicaid. A spouse that will continue to reside in the home when the other spouse enters nursing home care will be able to keep half of the assets with some additional income for support services, as long as this amount meets the maximum quota.

Elder Law Attorney Assistance in Applying for Medicaid:

An experienced and esteemed Elder Law Attorney can assist you in the process of applying for Medicaid coverage in a variety of methods. One such method is guaranteed avoidance of potential penalties that you may have been unaware of had you decided to file for Medicaid without the help of a lawyer. There are numerous questions that seek to identify if the applicant has made any disqualifying transfers that would result in a penalty. The most common question that correlates to the Medicaid penalty prospect is the prompt asking if the applicant has made any gifts or transfers for less than fair market value within the last 5 years. If you hire an Elder Care Attorney, the lawyer will ensure that you do not have any penalties that would prevent you from obtaining the Medicaid benefits you deserve. The attorney will be well aware of any of the exceptions that will prevent you from earning a penalty and will therefore assist you in the process of qualifying for Medicaid. Hiring an Elder Care Attorney enhances the probability that your application is approved, therefore increasing your chances of obtaining Medicaid coverage. Additionally, another benefit to hiring an Elder Care Attorney to assist in filing for Medicaid coverage is the establishment of effective spend down plans. In order to qualify for Medicaid many married couples must participate in the Spend-Down process, which pertains to the prospects of saving assets when only one spouse needs Medicaid. The purpose of this process is to ensure that the individual in need of long-term care receives the aid they need, while also guaranteeing that their spouse has the financial means of remaining in their home and covering the cost of all their living expenses. An Elder Care Attorney may assist in creating a personal care agreement that enables the senior to provide monetary compensation towards their family caregiver, while also participating in the Spend-Down process. Additionally, the attorney can aid in renaming bank accounts and real estate titles in the effort to enhance the applicant’s eligibility for Medicaid. The attorney will use her experience in the field to answer any inquiries you may have regarding the application process and determining whether you and your loved ones qualify for coverage. 

For further Medicaid eligibility information please contact the Law Office of Inna Fershteyn at 718-333-2395 to effectively complete the Medicaid Application.

6 Medicaid Planning Mistakes People Make

Medicaid is one of the largest medical insurance programs in the nation. This program is intended to assist low-income individuals who require financial needs in paying the costs of their healthcare. Medicaid is beneficial for seniors, disabled individuals, and those who are unable to simply cover medical care costs out of pocket. There are a variety of benefits to receiving Medicaid coverage, especially at a time when a loved one begins to age and needs additional help with their daily activities. A common fear among many elderly individuals is that they will not be able to afford long-term care and will have nobody to look after them in their time of need. Those familiar with nursing homes are aware of the massive price tag of $90,000 a year for care. Medicare will not cover these costs, thus it is important that individuals apply for Medicaid coverage prior to the need for long-term care arising. The same financial issue is present when elderly individuals attempt to pay for the costs of in-home care out of pocket. In most cases, it is unlikely that a family will be able to afford more than a year of care without Medicaid if they are in the low or middle class. Applying for Medicaid will minimize the pressure of having to pay the entire cost of care, thus it is recommended that you and your loved ones reach out to an Elder Law Attorney to begin your Medicaid Planning journey in advance. The attorney will guarantee that you are aware of the common mistakes and traps associated with independently Medicaid Planning without the guidance of an experienced attorney.

6 Medicaid Planning Mistakes People Make

Applying for Medicaid can be a challenging and complex process as previously mentioned, and without the knowledge of a professional, many mistakes can be made that could compromise your eligibility.

Top 6 Medicaid Planning Mistakes: 

  1. Applying for Medicaid too Early: The consequences of applying for Medicaid coverage too early includes a longer ineligibility period and spending much more money than if you applied at the appropriate time. You should wait to apply until you are certain that you meet all of the criteria and requirements. For example: If you made a generous gift to a loved one four years ago, you should wait for the five year lookback period to finish prior to applying for coverage. If you do not wait the designated amount of time, you risk being rejected for Medicaid coverage and having to pay the costs out of pocket for a longer period of time. Consult with an Elder Care attorney to discover the most appropriate time to apply for medicaid to ensure that you are granted coverage. 
  2. Applying for Medicaid too Late: It is common for individuals to procrastinate on applying for coverage and only apply when medical care is an absolute necessity. If you apply too late you are missing out on months of eligibility. This means that you are most likely using assets you have saved for your spouse or children on medical costs. Applying at an earlier period in time could make all the difference when it comes down to spending your entire life savings on medical costs. For example: If you needed Medicaid to cover your nursing home costs in July, but only filed your application in December, you will not receive full coverage to cover the costs of care. This would result in a massive financial burden on you and your family when it comes to covering the costs of the months that Medicaid will not cover because the application was filed too late. 
  3. Giving Away Assets too Early: Make sure that you consider all of the consequences of giving away your assets too early before giving your children the assets. Poorly planned gifts are the easiest way to jeopardize your Medicaid coverage. Medicaid will not apply for nursing home care for a certain number of months after giving a gift to your children because you will not meet the Medicaid eligibility qualifications. For example: If you give a gift to your children on Friday and then apply for Medicaid the following Monday, you will be rejected due to the Medicaid transfer penalty. Now you will need to get the money you gave your children back so that you can afford your medical costs. However, there is no guarantee that the money is readily available, as your children could have already spent it. Consult with an attorney to understand the five year lookback period prior to making a gift you may regret. 
  4. Thinking it is too Late to Plan: It is never too late to plan for your or your loved ones future. Even if your loved one is already enrolled in nursing home care, you may still apply for Medicaid in the effort to obtain coverage for at least some of the costs of care. Scheduling an appointment for a consultation with an experienced Elder Care Attorney is the first step to beginning your planning journey. The attorney will take the time to walk you through the process and answer any questions you may have during the process. It is never too late to start thinking about your Medicaid planning process. 
  5. Ignoring Safe Harbors Created by Congress: There are specific transfers of assets that you may partake in without risking the loss or rejection of Medicaid coverage. These transfers include, but are not limited to transfers to disabled children, caregiver children, and certain siblings. Additionally, you are able to transfer assets into a regular trust in the case that you are disabled and under the age of 65. This would be considered a pay back trust and would not jeopardize potential Medicaid coverage. In the case that you have a disability and are over the age of 65, you can still place your assets in a trust, but this trust is called a pooled-disability trust. An Elder Care Attorney can provide you with more information on transferring your assets and different types of trust in relation to obtaining Medicaid coverage. 
  6. Not Consulting an Attorney: There is no greater mistake than choosing not to consult an attorney, as an attorney is trained and experienced in the field and can update you on any rules or regulations you are not familiar with. Hiring an attorney will reduce the stress of having to file for Medicaid independently, for the process is very difficult and time consuming. In most cases, the questions are very difficult to understand and there is a specific way of responding to the questions in the application. Without an attorney, you are much more likely to make mistakes in your application which could jeopardize your ability to receive coverage. Some mistakes cannot be fixed, so it is important to ask any questions you may have and inquire about the best way to fill out the application to demonstrate your financial need.

For further Medicaid eligibility information please contact the Law Office of Inna Fershteyn at 718-333-2395 to effectively protect your assets from Medicaid.

Top 5 Strategies for Protecting Your Assets From Medicaid

Medicaid is a means-tested program that conditionally accepts applicants based on their income and current assets. According to Medicaid regulations, individuals must have less than $2,000 to qualify for coverage. Applying for Medicaid is quite a complex process, as the questions being asked within the application have great depth and implications for your future. The foundational system responsible for asking the questions that define your eligibility for Medicaid purposely selects specific diction and word choice which may make it challenging for elderly individuals to effectively answer the questions. Considering that these questions are the main defining factor when it comes to obtaining Medicaid coverage, family members should seek guidance from an experienced Elder Law Attorney to guide them through this imperative process. The attorney is quite familiar with your state’s rules when it comes to long-term care planning and receiving government benefits. An Elder Care Attorney will use her experience in the field to devise the most effective plan in assisting the family by selecting strategies that align with the family’s personal and financial circumstances. Below are the top 5 strategies suggested by an Elder Law Attorney regarding ways of protecting your assets from Medicaid.

Best Strategies for Protecting your Assets from Medicaid

1. Income Trusts

Income Trusts serve the purpose of protecting your assets and keeping your monetary income safe. This trust aids in maintaining the income limit set for all Medicaid applicants. Income Trusts are beneficial towards those applicants that exceed the qualifying amount. These trusts give the applicant an opportunity to designate a sub quantity of their income to a specific trust in order to refrain from exceeding the standard acceptable quantity. The Qualified Income Trusts are irrevocable meaning they cannot be changed or revoked. They serve as holding areas for the applicant’s excess income and protect this income from being taken by Medicaid. In states that allow applicants to spend down their excess income, these trusts are less effective, yet can still be utilized based on the applicant’s preference. In order to qualify for Medicaid many married couples must participate in the Spend-Down process, which pertains to the prospects of saving assets when only one spouse needs Medicaid. The purpose of this process is to ensure that the individual in need of long-term care receives the aid they need, while also guaranteeing that their spouse has the financial means of remaining in their home and covering the cost of all their living expenses. An Elder Care Attorney can assist you in establishing an Income Trust and answering any of your questions regarding the trust. 

2. Asset Protection Trust 

An Asset Protection Trust is a great way to preserve your assets when applying for Medicaid, as it allows you to maintain your wealth while still receiving coverage. This is helpful because a Medicaid applicant is only eligible for convergence if they meet the specified quantity of assets held within their account. Many individuals fall into the assumption that the best way to remove the additional assets that prevent them from getting Medicaid coverage is to transfer the assets to family members. This approach, however, is extremely flawed and risky because it often results in a Medicaid penalty. Incurring a penalty prevents you from receiving coverage for a specified period of time. A trust allows you to disperse these assets to the family members you had in mind at the time of creating a trust. The beneficiaries will not be subject to the payment of capital gains tax based on the increase in quantitative value your assets have accrued over time. It is important to note that transfers to a trust are still subject to the Medicaid Lookback period,which tends to include the last five years of your assets. This strategy is extremely effective when it comes to protecting your assets fromMedicaid, while still receiving the coverage you are in need of. An Elder Care Attorney can guide you through the process of creating an Asset Protection Trust based on your personalized extent of assets. 

3. Caregiver Agreement

A caregiver agreement is beneficial to individuals who require additional services that will not be included within the typical Medicaid coverage. This option is great for individuals who would prefer to be cared for by a family member or a trusted close friend. You would not only be cared for by an individual you already know and have a close relationship with, but you would also be benefitting the caregiver for their service. The caregiver will be paid for their duty in caring for you and you will receive the best care possible. In most cases the caregiver would be paid for their services in advance under a contract that defines the services provided and the hours being worked. In the case that the patient passes away all of the unearned funds must be paid to Medicaid in correlation to the amount that Medicaid paid for the patient’s care. A Caregiver Agreement can be the best option for numerous individuals who do not wish to leave home and go into the care of a nursing home, as they would still be able to maintain their full Medicaid coverage. An Elder Care Attorney can help you make the decision in selecting a caregiver you trust to take care of you. 

4. Medicaid Compliant Annuities and Promissory Notes

In many cases, individuals require urgent long-term care services, however they have recently conducted a transfer of assets or are still in possession of the assets that limit the income cap they require to qualify for Medicaid coverage. As of now, there is no possible method of removing these assets in time to qualify for coverage because any movement of the assets will result in a Medicaid penalty. The only options left to qualify for coverage under such short notice and with exceeding assets present would be to write an annuity or promissory note. This would serve as an insurance product that would payout the income. First, you would make an investment into the annuity. Then, the insurance provider would return your income by using a constant stream of income approach. The annuity has specific qualifications to ensure that Medicaid will approve of the strategy. The annuity must be fixed with all monthly payments being the same, while also being irrevocable. The annuity is unassignable meaning it cannot be transferred or sold to another individual. The payments on the annuity must be immediate in order to qualify for coverage. An Elder Care Attorney can further explain this strategy in describing the best course of action in selecting an annuity with qualifications that would make it possible for you to still qualify for Medicaid. 

5. Spousal Transfers and Spousal Refusal

According to current Medicaid laws, transfers may occur between spouses without being subject to the five year look-back period. The assets who are under the name of the spouse in need of care should be transferred to the name of the spouse who doesn't require care. The spouse who is not in need of care is typically referred to as the community spouse. With the presence of spousal refusal, the community spouse may refuse to provide necessary support to the spouse in need of care. If this is the case, then the spouse who is in need of care will immediately be provided Medicaid services to ensure that they are provided with all the care necessary. Medicaid may then require the community spouse to make contributions even though that spouse initially refused to provide the necessary support. The community spouse will still receive a benefit because the reimbursements to Medicaid will be at specified discounted rates. Spousal refusal is present in New York, however it may not be present in other states. Seeking legal advice from an Elder Care Attorney puts you and your loved ones in a good position to protect your assets from Medicaid. 

Reasoning Behind Asset Protection:

Asset protection from Medicaid is extremely important in the long run in regards to receiving long term coverage. Without taking the proper steps now to protect your assets, you may be unable to receive long term coverage, such as nursing home care. Long term care insurance provides coverage for nursing home care and at home coverage for individuals ages 65 and older with chronic conditions. There is nothing worse than running out of money when you need it most, so by taking the necessary steps to protect your assets today, you will avoid this problem when it becomes time to consider long term care. An Elder Care Attorney will guide you through the process of following all of the strategies above to save and protect your assets from Medicaid.

For further Medicaid eligibility information please contact the Law Office of Inna Fershteyn at 718-333-2394 to effectively protect your assets from Medicaid.

Will an inheritance compromise my Medicaid Eligibility in NY?

Medicaid eligibility in NY is quite a serious concern, as it is very difficult to qualify for coverage given the laws and eligibility requirements. Many individuals find it difficult to fully understand the qualification laws and appeal to an elder care attorney for guidance. There is a capped limitation regarding the extent of liquid assets an individual may hold in order to remain eligible for Medicaid coverage in NY. A common inquiry pertains to the preservation of benefits even after receiving an inheritance, as there are several ways to do so. It is highly recommended that you schedule a conference with a well experienced elder care lawyer prior to accepting the inheritance, as this may jeopardize your Medicaid coverage and leave you without any healthcare. 

Will an inheritance compromise my Medicaid Eligibility in NY?

As most of you already know, the maximum value in assets an individual may hold is $2,000 in order to still qualify for full Medicaid coverage. This demonstrates financial need in paying for services, thus individuals within this income cap will qualify for much needed coverage. However, receiving an inheritance may compromise your ability to maintain your Medicaid eligibility because your assets will exceed the $2,000 limit. As a rule, all inheritance recipients must report their change in financial status to the Social Security Administration within 10 days of receiving the inheritance. Additionally, they must inform the Department of Children and Families of this inheritance. Individuals must explain how it is that they will utilize this inheritance and what the assets would be used for. 

If Inheritance is Large and Medicaid Coverage is No Longer Necessary:

In the case that your inheritance is a grand quantitative sum, you might realize that you do not require Medicaid anymore because you can use your inheritance towards your medical bills and expenses. You are encouraged to inform Medicaid services that you would like to disenroll from the program, as you no longer have such a prominent financial need. Once this step is done, the Medicaid coverage will cease and you will be responsible for paying for the expenses independently. Additionally, Medicaid may ask you to pay back the exact amount of money they provided for you during the period in which you were no longer eligible for the coverage. If you inform Medicaid in advance prior to receiving the inheritance, then you will be able to avoid paying the bill that Medicaid will send you as reparations for the financial services they provided after you received your large inheritance. 

If Inheritance is Small and you Still Need Medicaid:

Given that the inheritance is not enough to cover all of your medical expenses, you may want to maintain your Medicaid coverage. In this instance, the calendar month is what will determine if you are able to maintain both your inheritance and your coverage. The rules dictate that an individual must not have more than $2,000 in their bank account by the end of the month. This implies that if an individual receives an inheritance of multiple thousands or hundred thousands in the beginning of the calendar month, they may still have enough time to spend it or to arrange a meeting with an elder care attorney. However, if the individual receives this inheritance at the end of the month, such as March 25th, they will not have much time to allocate the funding and still qualify for Medicaid. An elder care attorney can guide you and advise you on the best actions to take in maintaining both your inheritance and Medicaid, while still following the rule regarding not exceeding $2,000 in assets monthly. 

Methods of Preserving Medicaid Benefits even after receiving Inheritance:

  • Spend Down: A common method of maintaining your Medicaid coverage even after receiving an inheritance pertains to the spend down method. Medicaid recipients must spend down their recently obtained inheritance in order to requalify for Medicaid coverage. For individuals who have a large inheritance, it would be nearly impossible to spend all that money in such a short period of time, thus these individuals should consult with an elder care attorney for some Medicaid planning techniques. Purchasing Exempt Assets pertain to items that are specifically exempt by Medicaid. Therefore, these items and expenses will not hold the Medicaid recipient or applicant accountable, as they do not play a role in Medicaid eligibility qualifications.
  • Asset Protection Trusts: An Asset Protection Trust is a great way to preserve your assets when applying for Medicaid, as it allows you to maintain your wealth while still receiving coverage. Many individuals fall into the assumption that the best way to remove the additional assets that prevent them from getting Medicaid coverage is to transfer the assets to family members. This approach, however, is extremely flawed and risky because it often results in a Medicaid penalty. Incurring a penalty prevents you from receiving coverage for a specified period of time. A trust allows you to disperse these assets to the family members you had in mind at the time of creating a trust. The beneficiaries will not be subject to the payment of capital gains tax based on the increase in quantitative value your assets have accrued over time. It is important to note that transfers to a trust are still subject to the Medicaid Lookback period,which tends to include the last five years of your assets. This strategy is extremely effective when it comes to maintaining your inheritance funds, while still receiving the Medicaid coverage you are in need of. 
  • Caregiver Agreement: A caregiver agreement is beneficial to individuals who transfer money to a caregiver for their services without deeming this asset as a gift. This option is great for individuals who would prefer to be cared for by a family member or a trusted close friend. You would not only be cared for by an individual you already know and have a close relationship with, but you would also be benefitting the caregiver for their service. The caregiver will be paid for their duty in caring for you and you will receive the best care possible. In most cases the caregiver would be paid for their services in advance under a contract that defines the services provided and the hours being worked. In the case that the patient passes away all of the unearned funds must be paid to Medicaid in correlation to the amount that Medicaid paid for the patient’s care. A Caregiver Agreement can be the best option for numerous individuals who do not wish to leave home and go into the care of a nursing home. However, there will be an income-tax consequence for the caregiver and there might be a loss of control of the money. 
  • Special Needs Trust: A d4A special needs trust is used for individuals under the age of 65 who wish to keep their inheritance while also maintaining Medicaid coverage. Those over the age of 65 will need a d4C special needs trust, also commonly referred to as the pooled special needs trust. A trustee will be responsible for managing the money and can only apply the money to the services and necessities not covered by Medicaid. Some of these expenses may include but are not limited to entertainment, travel, paying off debt, home improvements, and some other common acceptable expenses. 

An elder care attorney can assist you in selecting the best option for your personal circumstances. It is imperative that you are able to maintain your Medicaid coverage despite obtaining a recent inheritance. With a proper plan in place, your future will be set and established according to your preferences, Your best interests will be prioritized when selecting an option that would effectively correlate to your situation. If you have any further questions or interests regarding your Medicaid eligibility the Law Office of Inna Fershteyn is here to provide you with all of the answers and help you make all of the important decisions.

For further Medicaid eligibility information please contact the Law Office of Inna Fershteyn at 718-333-2394 to maintain your inheritance and receive Medicaid coverage.

Top 10 Questions About Elder Abuse

1.What is Elder Abuse and What types of Abuse take place?

Elder Abuse pertains to specific actions that purposely harm the elder in terms of emotional, physical, financial, and mental harm. The caregiver makes careless decisions that negatively impact the elder they are looking after. Physical abuse uses force and physical contact to threaten or injure the elder. Financial abuse is direct exploitation of the elder through theft, fraud, and other methods of gaining control of the individual’s money. Mental abuse comes in the forms of emotional abuse, neglect, and abandonment. Emotional abuse utilizes verbal attacks, rejection, or isolation to cause harm to the vulnerable elder. If the caregiver causes any form of purposeful distress and anguish on behalf of the elder, this is a clear form of Elder Abuse.

Top 10 Questions About Elder Abuse

2.How do I identify if the caregiver is abusive?

In order to know if your loved one’s caregiver is abusive, you must first be aware of the signs of abuse. Some behavioral signs that may indicate abuse pertain to excessive alcohol use, controlling elder’s actions and decisions, isolating the elder from family members and friends, emotional or financial dependency on the elder, etc. Some other key behaviors you should note are minimizing the elder’s injuries, blaming the elder for the injury or action, threatening to harm an elder’s pet, calling the elder names they do not like, previous criminal history, and temper or anger issues. In terms of long term care facilities, you should look out for negligent hiring practices on behalf of the facility, inadequate training of professionals, and use of staff who lack compassion and empathy towards the elderly population. 

3.What are common warning signs of elder abuse?

There are numerous physical and even emotional signs that may indicate the presence of elder abuse. Some of the common physical signs include slap marks, burns or blisters on the elder’s body. You should pay attention to explanations that do not align with the injury the elder has acquired because this is the abuser’s way of trying to cover up the tracks of their actions. If the elder withdrawals from typical behaviors they enjoy, this is a clear emotional sign of elder abuse. Bruises around the genital area indicates sexual abuse and must be adressed immediately. Sudden changes in financial assets or legal documentation, such as wills, trusts, health care proxy, and power of attorney are important to look out for. Untreated bed sores, dental issues, or any medical issue that goes untreated and unnoticed by the caregiver is a tell tale sign of elder abuse or neglect. 

4.Are all elders at risk?

Not all elders are equally at risk because it depends on the individual’s level of care and their specific situation. It is important to keep in mind that all elders are at risk of abuse and neglect, so you should be aware of the signs of mistreatment. Elders that tend to be more exposed to abuse are typically socially isolated due to poor social networks and lack of family members or friends. Elders who have mental impairments, disabilities, or mental illnesses are at high risk of being mistreated and taken advantage of due to their vulnerability. 

5.What does Elder Self-Neglect mean?

Elder Self-Neglect occurs when an elderly individual is unable to adequately care for themselves and their needs. This puts the elder at risk of being harmed and abused by others. There are a vast variety of signs that you can look out for when identifying self neglect. Some of these signs include the lack of food or basic utility essentials in the elder’s household, refusing to take medications or eat, hoarding of trash or animals, unsafe living conditions populated with insects or vermin of sorts, etc. Other signs to look out for are poor grooming and appearance such as soiled clothing or dirty fingernails, isolation, lack of social support, alcohol, and drug dependence. 

6.Are there laws in place to prevent elder abuse?

As of currently, there is no federal law to prevent elder abuse, however each state has their own laws concerning elder abuse, neglect, and abandonment. In order to learn about your state laws you should reach out to an attorney in your area who has experience in the field and can help you understand if your loved one is the victim of elder abuse. New York is a state that does not have mandatory reporting laws concerning elder abuse. However, New York does require those working in adult protective services to report abuse on behalf of elderly individuals who are being harmed. There are options regarding the following steps of what to do and who to report to once you have witnessed or experienced elder abuse.

7.What steps should I take if I suspect there is elder abuse occurring?

In the case that you suspect elder abuse you should call the police or adult protective services immediately. Some people worry that they will have to find a way to prove the abuse prior to making a report. However, this is not true. Therefore, you should report any sign of elder abuse or neglect as soon as possible even if you do not have concrete proof of harm. In order to report abuse go to an elder abuse website and click on the option that states “where to report” and it will give you the address or telephone number of a place in your area.

8.What information will I have to provide when I call to report the elder abuse?

You should be aware of the elderly individual’s name, contact information, home address, and details concerning why you suspect this individual is the victim of elder abuse. In some cases, you may be asked to leave your name and telephone number so that you may be contacted if the need arises. If you feel uncomfortable with leaving your private information you may report it anonymously. Your confidentiality will be protected, if that is a concern for you that may prevent you from reporting the abuse. 

9.Who is responsible for investigating the abuse?

Adult protective services are the first responders in reporting elder abuse, neglect, and exploitation. These agencies are responsible for taking reports, investigating potential allegations of elder abuse, and provide aid to victims of such abuse. In the case that the abuse is confirmed to be true, then the Adult Protective Services will work with other agencies to ensure that the eldelry individual is properly cared for and provided for. Law enforcement will take action if necessary to collect all of the evidence that would be necessary for persecution. If the elderly individual is unable to manage their own affairs, the court may appoint a guardian to make decisions on the individual’s behalf.

10.How to report financial elder abuse?

Some states offer 24/7 hotlines to report abuse and others have forms at the police office where you may report this abuse. In order to ensure that action can take place you must report the elderly individual’s name, as well as their address. You should identify the location of any suspected actions of abuse, such as the elder’s home or at a long-term care facility. You must provide as many details as possible regarding what you saw or heard in terms of what led you to believe that elder abuse was taking place. Law enforcement will require witnesses and other forms of evidence to make its case, so the more details you provide, the simpler it will be to initiate the case procedures. 

For further elder abuse information please contact a Law Office of Inna Fershteyn at 718-333-2394 to learn how to report abuse, neglect, or exploitation. 

Can You Transfer Your Medicare and Medicaid Plans When You Move to Another State?

Life is a mystery filled with the unknown, you may have lived in a certain state for almost the entirety of your life and now decided to move to a new state. Regardless of the reasoning behind your residence movement, whether it be required by your job, to be closer to your family members, or just to try out a new location, you should consider the necessary steps of transferring your healthcare plans to your new residence. Depending on which medical insurance plan you have, there are different actions that can be taken to ensure that you have access and coverage to insurance when you relocate.Your ability to take your insurance with you depends on the type of insurance you have, whether it is Medicaid, Medicare, or Medicare Advantage. An esteemed attorney can assist you in discovering if you can bring your insurance with you by providing guidance on the best plan of action to take in relation to your specific situation.

Transferring healthcare insurance plans when you move to another state

In the case of Medicaid it is important to note that Medicaid has its own eligibility qualifications in each state. That being said, just because you are eligible for Medicaid in NY does not automatically guarantee that you will remain eligible for Medicaid in another state, such as Florida or Texas. Unfortunately, you will not be able to keep your Medicaid plan upon relocating to a new state. This is not devastational and does not bar you from having Medicaid coverage. It simply means that you will have to apply for Medicaid in whichever state you move to. An attorney can assist you in the process of reapplying for Medicaid by first calling the Medicaid office located in the state you are planning on moving to and then filling out all of the appropriate forms and applications. Prior to applying for benefits in the new state, you must first cancel the benefits you are receiving from the previous state you lived in. You are encouraged to complete your Medicaid applications for the new state as soon as possible in order to avoid paying for health insurance out of pocket. Even in the case that you have to pay out of pocket for a short period of time, Medicaid will reimburse you as long as you have a detailed and accurate record or receipts of all health care service costs.

If you have the original Medicare provider, then you have much less to worry about when it comes to relocating to a different state. Plans A and B ensure that you will remain covered regardless of which state you move to. This is due to the fact that Medicare is a federal program that is run by the government. As long as your medical provider accepts your Medicare insurance plan, you are all set for healthcare coverage. The only drastic difference that may impact your coverage would be the cost of your premiums, as they may increase or decrease depending on the state you move from and the new state you are moving to. Additionally, your Medigap plan is expected to cover your healthcare costs even if you move across the country. The only exception to the Medigap coverage would be if you moved to the specific states of Massechusttes, Minnesota, or Wisconsin because these states have their own individual Medigap plans. If you have any questions or concerns regarding transferring your original Medicare Plan A or B to a new state, you should contact an attorney to answer any of your inquiries.

Medicare Advantage and Part D of Medicare are a different story than the original Medicare plan. This is because these plans have a specified service area, which means that there is no guarantee that it will provide coverage for more than one state. You may contact an attorney to help you determine if your new state falls within the specified service location of the Medicare Advantage and Part D plans. Moving into a new specified area may be complex due to the fact that you have a limited enrollment period during which you may change plans outside of the typical annual enrollment period. The annual enrollment date is between October 25th and December 7th. You should make your current plan aware of your intention to move to a new state. This will allow your special enrollment period to begin the month prior to your move and continue for a two month period after you move. However, if you make your plan aware of your relocation after you move, then your opportunity to switch plans begins the month that the plan becomes aware of your relocation. Afterwards, you will have two full months as part of the special enrollment period. 

For further healthcare eligibility information please contact the Law Office of Inna Fershteyn at 718-333-2394 to effectively maintain coverage even when you move to a new state.