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Medicaid Planning

What Is the Medicaid Look-Back Period in New York?

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New York’s Medicaid program enforces a five-year look-back period for nursing home care. When an application is made, transfers made during the preceding five years are reviewed, and transfers made inside that window can affect when coverage begins.

The reason this matters so much is arithmetic. Long-term care in New York is expensive enough that a family which has not planned may face spending down assets built over a working lifetime in order to qualify for coverage.

The main planning tool is an irrevocable trust, often called a Medicaid Asset Protection Trust. Assets placed in one fall outside Medicaid’s consideration once the five years have run. You give up direct control of what it holds, and in exchange those assets are protected while you continue to receive the trust’s income.

The catch is obvious: the clock only helps you if you start it. A trust funded today does its work five years from today, which is why this is planning best done while everyone is well.

When care is already needed, the tools change rather than disappear. Crisis planning uses spousal refusal, promissory notes and annuities, and exempt transfers to protect what can still be protected. It generally protects less than planning done years earlier — but it is materially better than doing nothing, and families are often surprised by how much remains available to them.

If there is one thing worth taking from this: the question is not whether it is too late. It is what can still be done, and that is worth asking sooner rather than later.

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