New Milford, CT asked in Elder Law for New York

Q: During the 5 year look back in a Medicaid application what type of expenditures are allowed and what are not allowed?

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1 Lawyer Answer
Benjamin Z. Katz
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  • Elder Law Lawyer
  • New York, NY
  • Licensed in New York

A: Expenditures are not generally an issue. The concern is when there is a substantial transfer without value received in return. For instance, paying $1000 per month for rent will not raise eyebrows so long as there is no question that the rental unit was being occupied. On the other hand, paying someone $1000 per month to collect you mail will raise questions. Large gifts or transfers of assets for less than fair market value similarly will need to be explained and/or justified. If there is a concern, it is best to speak with an Elder Law attorney before applying.

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