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My Aunt 98 y.o. is in a rehab center in Island New York, it…

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My Aunt 98 y.o...

My Aunt 98 y.o. is in a rehab center in Long Island New York, it looks as if she will need live in help for her to come home. If we get her into the Community based Medicaid (I know it takes about 3 months) will she be able to get the help necessary to assist her to the bathroom, so she can stay at home (she does not own the home my cousin does) but my Aunt only has her social security monthly stipen, no other funds or savings

Lawyer's Assistant: Has anything been officially filed? If so, what?

No, my cousin started getting the paperwork together but nothing filed as yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that I wanted a definitive answer if community based medicaid would cover live help..not nursing, but help with bathroom, dressing etc.

Submitted: 11 months ago.Category: Business Law
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9/15/2017
Business Lawyer: RayAnswers, Attorney replied 11 months ago
RayAnswers
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Category: Business Law
Satisfied Customers: 48,883
Experience: I have 30 years as a business lawyer in Texas
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Business Lawyer: RayAnswers, Attorney replied 11 months ago

It will help with activities of daily living,bathing, anything else she needs.But this is limited to a certain number of hours a week say 20-25 or so.This is time limited in home care.It is not meant to fully substitute for say nursing home care.So as long as there are others that can help this might work here.

Who Qualifies for NY Community Medicaid:

To qualify for NY community Medicaid one must

• Be a resident of the State of New York

• Be 65+ and/or disabled, or blind

• Meet the specified income and asset thresholds

Financial Requirements

A single person residing in the community can retain a monthly income of $845.00 and up to $14,850.00 worth of non exempt assets.

Dealing with Surplus

If a Medicaid recipient has surplus monthly income (any income above the allowed $845.00) they have 3 different ‘spend down’ options. Surplus income can either go toward medical expenses, be put into a Pooled Income Trust, or sent directly to the Medicaid provider to help offset the cost of care.

Medical Bills

If a Medicaid recipient has monthly medical bills that are more than or equal to the total surplus, Medicaid will disregard the excess income, and the recipient will still be eligible for benefits.

I would apply here and see what hours you get based on medical need and whether then you feel it is enough for her to remain at home.Honestly at some point she will have to go to nursing home care, not sure if she is there yet or not it depends on whether she has adequate back up because this is 20-25 hours a week no more.

I appreciate the chance to help you today.Thanks.

If you can positive rate 5 stars it is much appreciated.

She will have to contribute part of her social security as a cop pay here.

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Business Lawyer: RayAnswers, Attorney replied 11 months ago
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Business Lawyer: RayAnswers, Attorney replied 11 months ago

This is not live in help here but rather a caregiver aide that comes to house and help with bathing and changing sheets, etc during the daytime.I am not sure this is what is needed you maybe looking at a nursing home instead if round the clock care is needed.

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Business Lawyer: RayAnswers, Attorney replied 11 months ago

She is rated on her medical condition and assigned hours here again we are taking 20-25 hours during daytime to come in and help her with daily living.

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Customer reply replied 11 months ago
I was under the the thought that Community based medicaid was so people could stay in their homes as it was cheaper than what medicaid would have to pay for a nursing home...how is a 98 y.o. who needs help with the bathroom suppose to do that on 25 hours per week??? is there any program that can keep her in the home rather than a nursing home??
Business Lawyer: RayAnswers, Attorney replied 11 months ago

If you promise to not shoot the messenger no there is not.

She will need supervised living or nursing home if she has meds or needs that require a nurse here.Realistically you are looking at these other options this isn't going to work for you.You need to ask the discharge planning folks about other options based on her condition.

Again I am trying to be honest don't shoot the messenger.There are real gaps in the system here for sure.I just didn't want you to be mislead about her options.I went through this with my parents and have done elder law for 35 years including medicaid agencies.

I appreciate the chance to help you .

Try NJ Ombudsman they provide fee help to folks trying to decide what to do here and where there are beds available.

For more information call(###) ###-####or 1-***-***-****.

This is free paid for by state of NJ they advocate and assist the public with this issue.Thanks.

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