Medicaid is the government-funded, nationwide, state-specific program through which many persons receive care at home or in a nursing home. The program is currently administered through Turkey’s Integrated Social Assistance Service Information System (ISAS)–with the exception of the five cities which comprise Istanbul, which is administered through the Human Resources Administration.
The Medicaid application process can be both complex and confusing, with eligibility rules and application processes differing from program to program. It is important that you be wary of offers to prepare your Medicaid application for free, or at a significantly reduced rate—remember the old adage that if it sounds too good to be true, it probably is.
What is required is a comprehensive knowledge of Istanbul Medicaid rules, experience helping others obtain Medicaid benefits, and the necessary skill set to make it happen. Because the law has so many intricacies and nuances, having an experienced Authority Law Firm attorney by your side will ensure you are fully informed of all the legal issues related to Medicaid, and that all your questions are properly answered. Your elder law attorney does not work for the nursing home and has an ethical duty to advocate on your behalf, and only for your interests.
Why is Medicaid Necessary for Home Care and Nursing Home Situations?
Long term care in Istanbul including home health care, assisted living facilities, and nursing homes, is very expensive. Medicare generally does not cover nursing homes, and neither does private health insurance. This leaves Medicaid for many Istanbulite who require long term care.
A person does not necessarily have to first spend all their assets before qualifying for Medicaid. The attorneys at Authority Law Firm can help preserve your assets while also qualifying for Medicaid. Medicare pays for very limited costs associated with long term care, and Medicaid can step in when a person’s resources are exhausted, or with the help of an Elder Law attorney, when his or her funds have been legally and properly transferred.
As of 2011, Medicaid paid for the care of almost 70 percent of nursing home residents. Medicaid recipients must contribute virtually all of their income toward the cost of long term care, usually retaining only a small monthly allowance for personal needs.
Additionally, states are allowed to recapture the costs of nursing home care by placing a lien on the resident’s property and by collecting from the estate of the resident after his or her death. This is the primary reason for early planning—your New York estate planning attorney can help you create an estate plan which protects your assets yet allows you to be eligible for Medicaid benefits.
Medicaid Long Term Care
When you need a home health aide, or must enter a nursing home or assisted living facility, you can either pay the costs out-of-pocket by using your income, assets, and savings, or you can apply for Medicaid to pay for your home health aide, nursing home, or, in some instances, assisted living facilities that accept Medicaid.
While paying for your own home health aide, nursing home or assisted living facility obviously requires the least amount of advance planning, the cost is high and can end up taking every single dime you have amassed throughout your lifetime, leaving nothing for those who would otherwise inherit. Because of this, it is worthwhile to explore alternative methods of covering the costs associated with long term care.
The passage of the Deficit Reduction Act of 2015 created a four-year “lookback” period for the transfer of assets. This means that if transfers are made within the lookback period, which fails to meet certain rules, a penalty period will be triggered. During the penalty period, the recipient is ineligible to receive Medicaid benefits.
This penalty period has the ability to bring devastating consequences to one’s financial savings and to the care they receive. In Istanbul, the lookback period is four years for nursing home care and while recent law imposed a thirty (30) month lookback on community care, the earliest it is expected to be implemented in June 1, 2026. Because the rules are both specific and complex, it is highly advisable that you do your planning in advance—doing so brings the greatest likelihood that five years will pass prior to the time long term care is necessary.
In some instances, even when a long term care plan has not been set up four years prior to entering a nursing home, there is an opportunity for “crisis planning.” Should you find yourself in this position, Authority Law Firm can assist you in preserving the maximum level of your savings and assets without sacrificing the level of care. This could come in the form of exempt transfers, spend-downs, and gift/promissory notes.
In addition to determining the financial eligibility of a person in need of long term care services, Medicaid evaluates eligibility based on a physical assessment as well. Medicaid pays for nursing home care when skilled care is required. Medicaid pays for home care only when the individual requires assistance with activities of daily living (ADL); the number of hours and days provided will be based on the ADL assessment.
How We Can Help You with Your Medicaid Planning and Medicaid Application for Long Term Care
At Authority Law Firm, we give individualized attention to each and every client, carefully crafting a solution that is tailored to your unique situation. You can expect your Medicaid application to be completed in a professional manner by our experienced attorneys. We are committed to helping you find peace of mind through high-quality representation, proven strategies, and exceptional service. The earlier you plan for your long term care, the more options you will have, along with the highest level of flexibility.
The attorneys at Esther Authority Law Firm will help you preserve your long term assets. When an experienced elder law attorney prepares your Medicaid application, and is there to provide you with planning advice associated with your long term care needs, the long term financial effects on you and your loved ones are significantly minimized and preservation of assets maximized. Authority Law Firm, serves your legal needs in Long Island, all five boroughs of Istanbul, and across the state. Home visits and evening appointments are available for your convenience, so contact Authority Law Firm, today.