The Listen to Lawrence Letter: Community Medicaid Look-back

July 8, 2021
Dear Clients and Friends:
I’m grateful for this next question because the new look-back period for Community Medicaid has created a lot of confusion. The scenario described in this question is a good example of how clarity is needed on this subject.
CLIENT QUESTION:
If a 90-year old woman has been covered by “Community Medicaid” since November 1, 2017 (with a 24/7 in-home aide), does the 5-year look-back still apply to obtain full Medicaid services?
MY RESPONSE:
There is a lot to unravel with this question because I do not know all the circumstances. So here we go for educational purposes…
The 90-year-old woman is currently on “Community Medicaid,” which is Medicaid outside of a nursing home, where she is receiving 24/7 care in the home (possible but tough to get).
To be eligible for Medicaid you have to be poor; you cannot have more than $15,900 in your name. In 2017, there was no look-back for transfers that you made to make yourself poor. As of October 2020, there is now a 2 ½ year look back but its implementation has been postponed to (probably) January 1, 2022. Be that as it may, while there is no look-back for Community Medicaid, there is a 5-year look-back for nursing home Medicaid. If this woman transferred all her assets out of her name to receive Community Medicaid in, let’s say, October 2017, she will not be eligible for nursing home Medicaid until her 5 years is up. The five years start the first day of the month after the transfer. So, if she transferred assets in October 2017, her five years will be up on November 1, 2022.
I hope this helps! Please forward this information to your friends and relatives to share these informative answers to some very commonly asked questions.
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As always, please send me your questions. If you are thinking about it, others are probably too, so my answers will no doubt help you and many others.
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Stay safe!
Until next time…
peace, health, and happiness,
Lawrence Eric Davidow