Important Elder Law Update: New York State Expands Access to Medicaid by Further Increasing NYS Medicaid Resource/Income Allowance Levels


Feb 17, 2023

By: Dana Walsh Sivak, Esq.

The New York State Department of Health announced this week that both the Medicaid Resource and Income Allowance thresholds will once again increase. This news follows what was already a significant increase in the Medicaid Resource and Income Allowance figures announced in December 2022 to be effective January 1, 2023.

This comes as great news to Medicaid applicants and recipients in New York. Not only will these increases in the Medicaid Resource and Income Allowance amounts allow Medicaid recipients to retain more of their assets and monthly income, without jeopardizing Medicaid eligibility, but more New Yorkers will be eligible for Medicaid benefits as well.

NEW Medicaid Resource & Income Allowance Figures for 2023

Effective immediately, and retroactively to January 1, 2023, the following Resource and Income allowance levels apply:

Community-Based Medicaid (Home Care):

Applicant Resource Allowance:

  • Individual: $30,182 (increased from $16,800 in 2022, and $28,133 in previously released 2023 figures)
  • Married Couple: $40,821 (increased from $24,600 in 2022 and $37,902 in previously released 2023 figures)

Applicant Income Allowance:  

  • Individual: $1,677/month (increased from $934 in 2022 and $1,563 in previously released 2023 figures)
  • Married Couple: $2,268/month (increased from $1,367 in 2022 and $2,106 in previously released 2023 figures)

Institutional (Nursing Home) Medicaid:

  • Applicant Resource Allowance: $30,182 (increased from $16,800 in 2022, and $28,133 in previously released 2023 figures)
  • Applicant Income Allowance:   $50/month (remains unchanged)
  • Community Spouse Resource Allowance: $148,620 (maximum) (increased from $137,400 in 2022 – remains unchanged from previously released 2023 figures)
  • Community Spouse Minimum Monthly Maintenance Needs Allowance: $3,715.50 (increased from $3,435.00 in 2022 – remains unchanged from previously released 2023 figures) 

Additionally, the maximum home equity threshold in order to exclude an applicant’s home as a countable resource for Medicaid purposes is $1,033,000 for 2023.

How Will This Impact Pooled Income Trusts? 

Individuals who utilize a Pooled Income Trust to divert their excess income each month to maintain their full Medicaid benefit amount will also be able to retain even more of their income each month, without needing to send it to the Pooled Income Trust or otherwise spend down their excess income toward the cost of their care. 

If you are a Medicaid applicant or recipient who utilizes a Pooled Income Trust, we strongly encourage you to contact the Elder Law attorneys at Falcon Rappaport & Berkman LLP at (516) 599-0888, to discuss how you may have the monthly funding of your Pooled Income Trust account re-budgeted to account for this new increase in the amount of income that a Medicaid recipient is allowed to keep each month.
 
Additional details regarding the newly released information is available at:
https://www.health.ny.gov/health_care/medicaid/publications/docs/gis/23ma02.pdf
https://www.health.ny.gov/health_care/medicaid/publications/docs/gis/23ma02_att1.pdf

DISCLAIMER: This summary is not legal advice and does not create any attorney-client relationship.  This summary does not provide a definitive legal opinion for any factual situation. Before the firm can provide legal advice or opinion to any person or entity, the specific facts at issue must be reviewed by the firm.  Before an attorney-client relationship is formed, the firm must have a signed engagement letter with a client setting forth the Firm’s scope and terms of representation. The information contained herein is based upon the law at the time of publication.

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