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.

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1 Lawyer Answer
James L. Arrasmith
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  • 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.

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