Leland, NC asked in Elder Law for New York

Q: In ny we would like to pay the penalty for Medicaid cured ?

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2 Lawyer Answers

A: When it comes to penalty’s, you can pay it but needs further details on the reason. You can always consult with us for more specific advice.

A: It's not quite clear what is being asked here, but if a penalty period is concerned, in NY, you do not "pay" penalties to Medicaid to cure or get rid of the penalty period. If your penalty period was conclusively determined to be 6 months due to transactions such as certain transfers of money to someone else, then you will be financially responsible for the care (custodial services at a nursing home, etc) during the 6 months because the period is not covered by Medicaid. You can easily search and get a sense of what a nursing home care can cost a "month," and know how devastating private paying the penalty period could be. There may be ways to put you through the penalty penalty period but the method must be thoroughly consulted with an experienced elder law attorney and carefully crafted with the counsel.

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