Serving families throughout New York State
Keep Mom at Home.
Let Medicaid Pay for
the Care.
New York's Community Medicaid program can pay for home health aides, personal care assistants, and other in-home services, without forcing your family to sell the home or empty the savings. The planning window is open today. It may not be tomorrow.
Most clients work with us remotely, so you can receive high-quality legal guidance from home without traveling to our office.
- Jiah Kim, Esq.
- 10+ Years Elder Law
- NY & NJ Licensed
Start With a Free Intake Call
Free and confidential. No obligation.
The Home Care Planning Window May Be Closing.
New York has passed a 30-month look-back rule for Community Medicaid (home care). Implementation has been delayed, but it has not been cancelled. Today there is no look-back. Families who plan before the rule takes effect have options families who wait will not.
The Cost of Doing Nothing
Home health aides in NY:
$22 to $40 per hour
Live-in care:
$400 to $720 per day
Medicare:
Covers almost none of it. Medicare is short-term medical care, not long-term custodial care.
For a parent who needs help with bathing, dressing, medication, or daily activities, the math gets brutal fast. A family paying privately for 8 hours of daily aide coverage is burning $50,000 to $70,000 a year. Around-the-clock care can exceed $200,000.
There is a legal way to qualify for New York Community Medicaid without losing the home or the savings, but only if you plan before the new rules limit your options.
You May Have More Options Than You Think
Many families assume they make too much money or own too much to qualify for Medicaid. That is rarely the full story.
New York Community Medicaid allows:
- Up to $33,038 in countable assets for a single applicant
- The home as an exempt asset while the applicant or spouse lives in it
- IRAs in payout status to be exempt from the asset count
- Pooled Income Trusts to shelter excess monthly income
- Spousal protections that preserve the healthy spouse's standard of living
The right plan depends on timing, income, marital status, prior transfers, and what's coming next. Most families have more options than they realize. They just need someone to map them.
What We Take Off Your Plate
Most families calling our office are exhausted. They are not buying legal advice. They are buying someone competent who can take this off their plate.
Here is what we handle:
You do not need to learn how Medicaid works. You need someone who already knows.
- Reviewing your financial picture: bank statements, retirement accounts, property records, gifts, transfers, and income sources
- Identifying countable vs. exempt assets under New York Community Medicaid rules
- Setting up a Pooled Income Trust to shelter excess income, if applicable
- Drafting and funding a Medicaid Asset Protection Trust when appropriate
- Filing the Community Medicaid application with the local agency
- Responding to caseworker requests for additional documents and clarifications
- Annual recertification to maintain eligibility
How It Works
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Step 1: 15 Minute Intake and Fit Call
Our Medicaid Intake Coordinator listens to your situation, gathers basic facts, and determines whether legal planning may help. This call is free, but it is not legal advice. The coordinator may also explain our process and general fee range so you can decide whether moving forward makes sense.
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Step 2: If Appropriate, Medicaid Protection Review with Jiah Kim, Esq.
For families whose situation appears to be a good fit for planning, we may schedule a focused Medicaid Protection Review with our founding attorney. You leave the call with a clearer understanding of what may be at risk, what may be protected, and what next steps may be available.
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Step 3: Strategy Direction and Flat Fee Proposal
If we are a good fit to work together, we explain the recommended planning path and provide a flat fee engagement proposal. No surprises. No hourly billing roulette.
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Step 4: After You Hire Us, We File, Manage, and See It Through
Once engaged, we handle the legal planning and Medicaid application process from preparation to filing, approval, and annual renewal where applicable.
How a Queens Family Set Up 7-Day Home Care Coverage Before the Look-Back Window Closed.
A daughter called us about her father, recently diagnosed with early-stage dementia. He was still living independently in his Flushing home, but the family knew he would soon need daily aide support. They were worried about his savings and the family home.
We reviewed his finances, structured a Medicaid Asset Protection Trust, and timed the planning to fall well within the current zero-look-back window for Community Medicaid. When his care needs increased six months later, the family was already in position. Medicaid covered seven-day home aide services. The home was protected. The savings stayed in the family.
Why Families Choose FreedomCounsel
Jiah Kim, Esq.
Founder, FreedomCounsel
- Graduate of Fordham Law School
- 10+ years in elder law and Medicaid planning
- Licensed in New York and New Jersey
- Member, NYSBA Elder Law & Special Needs Section
Clear Medicaid strategy. Flat-fee guidance. No hourly billing surprises.
We help families understand their Medicaid options, protect what may legally be protected, and move forward with a clear flat-fee plan.
- Flat-fee engagements Clear fee structure before you decide to move forward.
- Serving families throughout New York State remotely High-quality guidance from home, without traveling to our office.
From our Google reviews
They were incredibly professional, patient, and understanding, taking the time to explain every step of the process. Attorney Kim was especially knowledgeable and compassionate.
Jiah was extremely kind, patient, knowledgeable, and supportive when helping with my family’s questions… I truly appreciate her availability and quick responses.
Attorney Jiah Kim explained the Medicaid application-related trust process carefully from beginning to end, helping us understand a complicated process and achieve a good result.
Testimonials reflect individual experiences and do not guarantee similar results.
Read more reviews on GoogleFrequently Asked Questions
Is there a look-back period for home care Medicaid in New York?
Not yet. New York has passed a 30-month look-back rule for Community Medicaid, but implementation has been delayed. As of this page's latest update, there is still no look-back in effect for home care. This creates a planning window, but it may close with limited notice.
Can I qualify for home care Medicaid if I own a home?
In most cases, yes. Your primary residence is generally an exempt asset for Medicaid eligibility purposes as long as you or your spouse lives there. The risk to the home is on the back end, through Medicaid Estate Recovery, which is why a properly structured plan often includes an asset protection trust.
What if my income is too high?
New York's Medicaid income limit for a single applicant is around $1,800 per month, well below most people's income. But there's a legal tool called a Pooled Income Trust that allows applicants to shelter excess monthly income and still qualify. Most New Yorkers with moderate retirement income qualify for home care Medicaid through this strategy.
Is my IRA counted as an asset?
In New York, an IRA in payout status (taking required minimum distributions) is generally exempt from Medicaid's asset count. The income from it is counted toward the monthly income test, but the principal is not. This is one of the most important and least-known rules in New York Medicaid planning.
How many hours of home care does Medicaid pay for?
It depends on the applicant's assessed care needs. Medicaid home care can cover substantial hours for those who medically qualify, including live-in aides and split-shift coverage in some cases. The home care agency conducts an assessment, and the approved hours are tied to actual needs. Our role is to help with Medicaid planning and legal documentation needed to protect assets and support eligibility where appropriate.
How much do you charge?
Our Medicaid planning engagements are flat-fee. During the free intake call, our coordinator may explain the general fee range so you can decide whether moving forward makes sense. The exact fee depends on the complexity of the case, including assets, marital status, urgency, and the planning tools required. If we are a good fit to work together, you receive a written proposal with a fixed price before you commit. No hourly surprises.
Do Not Wait Until the Look-Back Window Closes.
Start With a Free Intake Call
Free and confidential. No obligation. We typically respond the same business day.
Prefer to call? (646) 389-5065