What is the look-back period for a veteran''s widow when applying for Medicaid in New York?

Pursuant to the applicable provisions of the Federal Deficit Reduction Act of 2005 (DRA 2005), the look back period for Medicaid is five years (60 months).  That federal statute requires that any uncompensated transfer that occurred during the relevant look back period will cause a penalty period with regard to the receipt of Medicaid benefits. The penalty period is the amount of the uncompensated transfer divided by the state's reimbursement rate. The result is the number of months that will constitute the penalty period.  The penalty period begins in the month in which the person applying for Medicaid would have been approved to receive Medicaid nursing home benefits if the uncompensated transfer had not occurred. For example, in New York the reimbursement rate varies depending on the county from $7,264 to $11,227.  If the uncompensated transfers over the five year look back period totalled $140,000, to determine the penalty period you would divide the $140,000 by the reimbursement rate.  If we use the smallest reimbursement rate from New York, the calculation is $140,000/7,264 = 19.74 months.  DRA 05 requires that the number be rounded up to a penalty period of 20 months.  Accordingly, for 20 months after the applicant otherwise qualifies for Medicaid nursing home benefits, the applicant cannot receive Medicaid benefits, and the nursing home cost would be required to paid by someone other than Medicaid. There are options available other than making uncompensated transfers of assets to your children that will allow you to remain eligible for Medicaid nursing home benefits.  I encourage you to locate an experienced elder law attorney close to your home who can advise you on those options, and who can help you determine the most beneficial course of action for you and your family. The following websites may assist you with identifying an experienced elder law attorney in your locale:  The National Association of Elder Law Attorneys (www.naela.org), ElderCounsel (www.eldercounsel.com), and Elder Law Answers (www.elderlawanswers.com).  Good Luck. Randy Coleman