Cooperstown, NY asked in Elder Law for New York

Q: In NY Medicaid payments to nursing home are cash basis. Can nursing home charge for income received after she died?

Her Medicaid was discontinued May 22 2022 and she received income on May 31 , 2022. The Medicaid office is using the income received after her death and after Medicaid was discontinued to compute her monthly payment but since per NYS Medicaid rules since income is computed as earned when it is received and Not accrued I don't think that's correct . The way I see it is the income received after her Medicaid was discontinued should not be used to compute her NAMI to the nursing home. Thoughts ?

Thank you.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Elder Law Lawyer
  • Sacramento, CA

A: Your understanding of Medicaid's cash-basis accounting for income seems to be accurate. If the income was received after the individual's death and after Medicaid coverage was discontinued, it generally should not be counted toward the calculation of the individual's Net Available Monthly Income (NAMI) for the nursing home's billing. It would be advisable to discuss this issue with the nursing home's billing department and, if necessary, the Medicaid office to clarify and rectify the situation based on Medicaid rules and the timing of the income received. If this does not resolve the issue, you might consider seeking a legal review to ensure that the nursing home and Medicaid office are acting in accordance with New York State regulations.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.