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Roger, Attorney
Category: Family Law
Satisfied Customers: 26576
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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My brother is 81 years old and has heart failure. He has spent

Resolved Question:

My brother is 81 years old and has heart failure. He has spent all of his assets, mostly on home health care. He can barely walk in his own apartment. He falls fairly often.
Now, he has just been accepted to a Medicaid spend down program in NYC. He is under the impression that soon Medicaid will not only cover all of his medical bills, his home health aids, but also his rent, and cable tv bill. Is this so?
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.

In short, no, Medicaid will not pay his rent and cable bill under the spend down program. Instead, the program whose monthly income is over the Medicaid level can still get help with medical bills. The amount his income that is over the Medicaid level is called excess income. It is like a deductible. Essentially, if he is eligible for Medicaid except for having excess income and he can show that he has medical bills equal to his excess income in a particular month, Medicaid will pay the additional medical bills beyond that for the rest of that month. This includes outpatient care, doctor and dental visits, lab tests, prescription drugs, and long-term care in the community such as home care and assisted living. Here's a link that outlines this and other issues with the NY program: http://www.health.ny.gov/health_care/medicaid/excess_income.htm

This program will not pay his rent or his non-medical bills.
Roger, Attorney
Category: Family Law
Satisfied Customers: 26576
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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