WESTCHESTER COUNTY, N.Y. / ACCESS Newswire / April 23, 2025 / Nearly five years after legislation was passed creating a 30-month lookback period for Medicaid home care eligibility in New York State, the law has yet to be implemented. Westchester County elder law attorney Anthony J. Enea, Esq., managing partner at Enea, Scanlan & Sirignano, LLP in White Plains and Somers, N.Y., notes that recent developments suggest the delay may be nearing its end - and that now is the time for seniors to act.
"The window of opportunity for transferring assets without triggering a Medicaid home care penalty may soon be closing," said Anthony J. Enea, who has spent nearly 40 years protecting the rights of seniors, the disabled and their families. "There have been rumblings that in either 2025 or 2026, New York will finally implement the 30-month lookback period for Medicaid home care that currently exists for nursing home eligibility. Seniors who are beginning to experience difficulty with activities of daily living (walking, dressing, feeding, toileting, bathing) should seriously consider engaging in Medicaid planning before the lookback period is implemented."
Mr. Enea highlights additional updates to the Medicaid home care program, including the overhaul of the Consumer Directed Personal Assistance Program (CDPAP). As of May 15, 2025, New York State has mandated that all CDPAP consumers transition to a single fiscal intermediary: Public Partnerships, LLC, a Georgia-based company now entrusted with managing all 250,000 CDPAP recipients as well as their caregivers. The move, intended to reduce fraud by bringing the entire program under one roof, eliminates the more than 600 fiscal intermediaries previously available to consumers.
Another proposed change under consideration by the New York State Senate is a significant increase in the Medicaid asset eligibility limit - from $32,396 to $300,000 per person. While this could offer financial relief to many seniors, Mr. Enea cautions that it may also place further strain on the Medicaid system and impact access to home and nursing home care services.
"Planning early can make all the difference," added Mr. Enea. "Whether it's establishing a Medicaid Asset Protection Trust or understanding how these evolving policies may affect your care options, it's essential to consult with an experienced elder law attorney to ensure your future needs are met."
Mr. Enea's legal practice areas include wills, trusts & estates, elder law, Medicaid asset protection planning, estate tax planning, Medicaid applications (home care and nursing home), special needs planning, and guardianships (Article 81 and 17-A). An "AV" Rated Preeminent Attorney (Martindale-Hubbell, since 2002), he has been listed in "Best Lawyers in America" for fourteen consecutive years, recognized as a Best Lawyers® "Lawyer of the Year" in White Plains five times, and named one of Westchester County's "Super Lawyers" annually since 2007, including being a Westchester Top 25 Super Lawyer on numerous occasions.
Enea, Scanlan & Sirignano, LLP is located at 245 Main Street, Suite 500 in White Plains and 339 Route 202, Suite 100 in Somers. For more information or to schedule a consultation, call 914-948-1500 or visit www.esslawfirm.com.
About Enea, Scanlan & Sirignano, LLP
Enea, Scanlan & Sirignano, LLP is an AV preeminent rated elder law firm with offices in White Plains and Somers, N.Y. The practice concentrates on Elder Law; Medicaid Planning; Nursing Home and Home Care Applications; Estate Tax Planning; Wills, Trusts and Estates; Guardianships; Estate Litigation; Supplemental Needs Trusts; and Special Needs Planning. Enea, Scanlan & Sirignano, LLP serves Westchester, Rockland, Putnam, the Bronx, Manhattan, Long Island and Queens and is committed to providing the highest quality legal services to seniors, the disabled and their families. Visit the firm online at www.esslawfirm.com.
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SOURCE: Enea, Scanlan & Sirignano, LLP
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