Enea, Scanlan & Sirignano, LLP is pleased to announce that Michael P. Enea, Esq., associate, has been appointed to the the Ronald McDonald House of the Greater Hudson Valley's Board of Directors. Just steps away from the Maria Fareri Children’s Hospital, the nonprofit is dedicated to keeping families with sick or injured children close to each other and the care and resources they need. For more information, visit the Ronald McDonald House of the Greater Hudson Valley online at https://rmh-ghv.org.

In order to financially qualify for home care Medicaid (HCMA) or nursing home Medicaid (NHMA) in New York State, one’s liquid non-retirement assets must total below $31,175 for a single individual, and $42,312 for a married couple applying for Medicaid. Yet, if one’s resources exceed these thresholds, it is not the end of the story. One may still be able to financially qualify for NHMA by making what is known as an “exempt transfer” of one’s assets.

As is well known, there’s a five-year lookback period for NHMA, meaning that Medicaid “looks back” five years from the date the application is submitted to determine whether assets were transferred out of the applicant’s name during that timeframe. Transfers for less than fair market value (gifts) disqualify a person for Medicaid, as they are presumed to have been made “in contemplation of qualifying for Medicaid” unless the applicant proves otherwise. That said, pursuant to Section 366.5(d) and (e) of New York’s Social Services Law, certain categories of transfers are “exempt” from Medicaid’s scrutiny. These include transfers of assets to (1) the applicant’s spouse for the sole benefit of the spouse; (2) the applicant’s spouse to another for the benefit of the spouse; (3) the applicant’s blind or disabled child, or a trust established solely for the benefit of such child; or (4) a trust established solely for the benefit of a disabled person under the age of 65 years.