Primary Residents and Other Assets

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Residents and Other Assets

Protect Your Primary Residents and Other Assets Before It’s Too Late

New York State's 30-month Medicaid look-back period for Community-Based Long-Term Care (CBLTC) services was scheduled to begin on March 31, 2024; now, the earliest the lookback period may be implemented is mid-to-late 2025.

What it is

The look-back period requires applicants to submit financial records for 30 months before applying for Community Medicaid. This includes the applicant and their spouse, even if the spouse isn't applying for Medicaid.

What it covers

The look-back period applies to Community Base Long-Term Care (CBLTC) services, which include:

  • Home health care
  • Adult daycare
  • Personal care assistance
  • Assisted living services
  • Certified home health agency services
  • Consumer-directed personal assistance programs
  • Private nursing care
  • Limited licensed home care services

What it means

Medicaid will review the applicant's financial records to determine if they qualify for Medicaid. If the state finds that assets were transferred for less than fair market value, it may impose a penalty period. During this period, the applicant will not be eligible for Medicaid and must pay out of pocket for their care.

How to avoid penalties

Applicants can transfer assets to a trust or otherwise before the 30-month lookback period to avoid penalty periods.

How to recover assets

The penalization period may be reconsidered if an applicant can recover gifted assets.

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