Debunking Common Misconceptions About Medicaid And Nursing Home Costs In Suffolk County, NY

In this article, you can discover…

• Whether it’s possible to plan for Medicaid if you’re already in a nursing home.
• If Medicaid can take away your assets should you require nursing home care.
• If middle-class people can qualify for Medicaid in New York.

Is It Too Late For Medicaid Planning If I’m Already In A Nursing Home?

In certain circumstances, it is not too late to transfer assets that will help you qualify for Medicaid, even if you are already in a nursing home. But time is of the essence. There may be a small window of opportunity when you can prepare and be eligible with little to no expenses paid.

In other cases, your family may have to pay some considerable out-of-pocket penalties to get you on Medicaid. It may be possible to save up to half of your assets, allowing you to pass these on to your heirs. The rest will likely need to be spent down. Alternatively, you may have to spend down all of your assets to allow you to qualify. This can be quite complex, but an experienced elder law attorney can help you and your family determine the best plan of action to continue your long-term care.

Do I Have To Spend Down All My Assets To Qualify For Medicaid?

Not necessarily. You can transfer some assets safely, such as assets that are transferred to pre-pay for a funeral. This will involve a contract with a funeral home and a protected check for that amount. In other cases, property or real estate can be deeded to a special-needs family member or to an adult child who is your caretaker.

The good news is, overall, that you do not need to get your assets down to $0 to qualify. You are allowed up to $32,394 in assets as of 2025, in addition to an IRA and any other qualified retirement accounts. You could have an IRA with $1 million and still qualify for Medicaid depending on your situation. You may also own a house as long as the house is worth less than $1,033,000.

Can I Protect My Assets By Giving Them Away Before Applying For Medicaid?

Generally speaking, you can give away or transfer your assets as long as you do so more than five years before you plan to apply for Medicaid. It is generally wisest to transfer your assets to a trust rather than a person, as this allows you far more control over those assets.

Attorney Arthur J. Conte is a dedicated, compassionate estate planning and elder law attorney serving New York. For over 10 years, he’s helped clients just like you dispel Medicaid myths, understand the process, and ensure their nursing home care is paid for.

Have questions, or in need of legal help? Reach out to Hyl Conte Law, PLLC for an initial consultation today. 

Will Medicaid Automatically Take My Assets If I Need Nursing Home Care?

Generally, Medicaid will not come for your assets, though they could potentially put a lien on your house once you are permanently placed in a nursing home or seek compensation from your estate after you pass away. However, Medicaid can not simply take your money or your possessions if you are ready to apply.

Is It True That Only Those Who Have No Income Or Assets Qualify For Medicaid?

Not at all. Most of our clients make a moderate living and have some assets. Before you can qualify, you are allowed a maximum of $32,394 (as of 2025) in assets in your name. Money in an IRA and a home worth less than $1,033,000 does not count towards those asset limits.

If your monthly income exceeds the cost of your nursing home care (the same care that Medicaid is meant to cover), then you would not qualify. But the vast majority of middle-class clients who earn less than $12,000 a month in income in retirement should qualify for Medicaid.

How I Handle The Emotional Side Of Medicaid Discussions As An Attorney

I am a human first and a lawyer second. It is necessary for me as an attorney to be emotional and compassionate, as you are a real person with real concerns, issues, and decisions to make. I respect that fully.

At an important stage, I can be a valuable resource. I’ll offer any help and guidance that you need, answer your questions, and help you plan for Medicaid in a way that protects your interests, assets, and dignity.

For you, as well as for us, this is not just a transaction. This is a crossroads of your life that deserves to be handled with care, sensitivity, and grace.

Still Have Questions? Ready To Get Started?

For more information on Medicaid myths and facts in New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (877) 200-6845 today.