As many now know, the eligibility rules for Medicaid changed drastically in February 2006, when the legislature enacted the 2005 Deficit Reduction Act (DRA). It is much more difficult to help clients who need care in a nursing home qualify for Medicaid.
However, what many people may not realize is that in New York, there is no hindsight period and no penalty period for Medicaid Home Care. Elderly attorneys can still do a lot to help seniors who need home health helpers at home but are afraid to exhaust their assets and become penniless.
In my experience as an older attorney at law, most people prefer to stay in their homes as long as possible. With the right care plan, seniors can often stay in their homes longer. As you can imagine, an elderly person’s health can last longer if he or she gets proper nutrition and hydration, regular medical care and receives supervision with walking and moving around, so as to avoid falls. This type of basic care can keep seniors healthy and functional for years longer than would otherwise be possible.
There may come a time when a senior requires the level of care in a nursing home. However, it is possible that having home care can prevent the need to place the person in a nursing home.
Medicaid and New York Application Process
The process of getting someone eligible for home care and applying for home care in New York takes a minimum of 3 months, if not longer. In New York, there are several different ways to apply for home care. You can apply through one of Medicaid’s field offices (called “CASAs”). You can apply through one of the Certified Home Health Agencies (“CHHAs”). You can also enroll through the Consumer Directed Personal Assistance Program (“CDPAP”). Your senior attorney will help you decide which course to take depending on your particular situation. In New York City, for example, I often apply through the CHHA, because once the CHHA is satisfied that all application requirements have been met, it can place treatment before the Medicaid agency has even approved the application.
If a client already has a helper and wants to keep that person, assuming the helper can be certified, I’d go with the CDPAP program, which allows consumers to hire their own helper, within certain parameters.
The home care application process is time consuming and confusing. Once you foresee that there will be a future need, you should start investigating your options as soon as possible, because, like most government programs, there is a lot of paperwork involved.