The Law Offices of David R. Okrent - Elder Law, Estate Planning, and Business Succession
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December 2007 » Keeping your income while under Medicaid: "Pooled Income Trusts"
Medicaid allows a single person living in the community to keep $720 a month of gross income and a married couple $920 a month. More income can be kept if it is used to pay for certain items i.e, medical expense, medical insurance, or of it is contributed to certain types of Trusts, one of which is the Pooled Income Trust. » Full Article

December 2006 » Eliminating Medicaid "Income Spend Downs"
Medicaid requires that persons requesting Community or Home Care Medicaid assistance "spend down" any income above the Medicaid levels. In 2006, this level is $692 for singles, $900 for couples, plus a $20 income disregard. After Medicare Part B and other health insurance premiums are paid from gross income, any amounts above this level are considered excess income and are part of the "spend down."» Full Article (PDF 324 KB)

September 2006 » Changes to Medicaid: A New Frontier
On July 20, New York’s Department of Health issued an Administrative Directive notifying social services districts of the eligibility changes under the Deficit Reduction Act of 2005. The Act significantly changed Medicaid rules, having an unfortunate impact on individuals and families seeking to apply for Medicaid. » Full Article

June 2006 » The Reality of Spousal Refusal
Gubernatorial Candidate and Nassau County Executive Thomas Suozzi scored a bit of press when announcing that the county successfully sued persons who had assets over a million dollars, but used “spousal refusal” so that their spouse would qualify for Medicaid to avoid nursing home costs that can exceed $10,000 per month on Long Island. » Full Article

April 2006 » Medicaid Changes Require Planning
On February 1st, Congress passed draconian Medicaid cuts, as part of the 2005 Budget Reconciliation Act, designed to cut the federal budget deficit by $39.7 billion. The changes to Medicaid eligibility, which went into effect on February 8th, will have a significant impact on Long Island’s aging population. » Full Article

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Eliminating Medicaid "Income Spend Downs"
December 2006

Changes to Medicaid
September 2006

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David R. Okrent

Q. I've seen spousal refusal mentioned, but what is it?
A. In 1998 a law was passed that authorized a community spouse to refuse to have his other assets used in the computation of the institutionalized spouse’s Medicaid eligibility. Known as “spousal refusal,” this option helps to prevent spouses from becoming impoverished when their loved ones are faced with such need.

The Law Offices of David R. Okrent
The Law Offices of David R. Okrent

Main Office: 33 Walt Whitman Road
Whitman Atrium, Suite 137, Dix Hills, N.Y. 11746
Phone: 631.427.4600  Fax: 631.423.0476

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