Email to a friend

NYS Budget Declares “Open Season” on Seniors

NYS Budget Declares “Open Season” on SeniorsChanges to Medicaid could spell trouble for elderly New Yorkers and their families

April 5, 2011 – Albany, N.Y. – A significant change to the Medicaid laws in New York State’s recently adopted budget could cause problems for the state’s seniors, their children and other beneficiaries. The change, which took effect on April 1, redefines the term “estate” and allows the state’s counties to go after more assets following a Medicaid recipient’s death. The changes could have a significant impact on survivors, heirs and beneficiaries, who could be forced to sell their inherited assets, including homes, or dip into trusts that were previously exempt from Medicaid recovery.

“It appears the governor and the Legislature have declared ‘open season’ on New York’s seniors and their beneficiaries,” said a Tully Rinckey PLLC Estate Planning attorney. “Medicaid is now free to go after assets that were previously protected from Medicaid recovery after death. This is going to cause a lot of heartache for the survivors of Medicaid recipients.”

The new law redefines an individual’s “estate” for Medicaid recovery purposes to include:

  1. Jointly-held property
  2. Retained life estates
  3. Interest in trusts

“These changes are significant because they could take away some of the estate planning tools attorneys have used to ease the hardships on families when a loved one dies. It means that people need to plan in different ways and seriously consider long-term care insurance,” he added.


Attorney Locator

Find an attorney near you.
Click below.

Contact Us

  • Tully Rinckey announces new hires and promotion

    Derrick T. Hogan was promoted to senior associate, overseeing the criminal defense practice in Albany. Hogan joined as a law clerk in 2009. Morgan Smith joined as recruitment manager. Smith has more than 14 years of staffing and recruitment experience and previously …

  • Albany Police Officer Arrested

    Officer Caught on Camera Slamming 15-Year old Girl Albany Police Chief Brendan Cox says on July 26th, Officer Ervis Miftari was called to St. Anne Institute, a rehabilitation center for troubled girls, to help with one of the residents, who …

Read All

  • Free Download: EEOC 2016 Update White Paper

    You Could Be Sharing Confidential Info and Not Even Know It Tully Rinckey’s white paper details the Equal Employment Opportunity’s (“EEOC”) nationwide change to procedure that has gone largely unnoticed. The new procedure applies to Charges filed on or after …

Read All

Read All

  • Tully Rinckey PLLC Binghamton Office Ribbon Cutting

    You’re Invited: Tully Rinckey PLLC Binghamton Office Ribbon Cutting Tully Rinckey PLLC, an upstate-wide coast-to-coast 70 attorney full-service law firm, is holding a ribbon cutting for its new office space at 4100 Vestal Road, Suite 104, Vestal, NY 13850 on …

Read All