A Medicaid applicant in New York cannot have assets in excess of $30,182 (2023). Under New York Public Health Law, if you are injured due to the negligence of a nursing home, any money you receive will NOT count against your Medicaid eligibility. This is true for both Chronic Care (nursing home) Medicaid and Community (home care) Medicaid. The injuries sustained include, but are not limited to, bed sore, fractures, and brain bleeds.
Additionally, the money will remain exempt from Medicaid estate recovery after the passing of the Medicaid recipient. This means that even if the money is in the Medicaid recipient’s individual name upon his or her death, Medicaid has no right to claw the money back from the estate.
Blog authored by personal injury attorney Barrie Bazarsky and elder law and estate planning attorney Sara M. Meyer.