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NEW YORK MEDICAID PENALTY REGIONAL RATES FOR 2010

The 2010 New York Medicaid regional rates used to determine a transfer of assets penalty period are:

Region Monthly Regional Rate
Central New York $7,264
Long Island, NY $11,227
New York City $10,285
Northeastern New York $7,927
Northern Metropolitan NY $10,163
Rochester, NY $9,058
Western New York $7,694

These rates are based on average nursing home costs in each of the seven regions in New York State. A period of ineligibility (“penalty period”) is imposed for any transfers of assets for less than fair market value (gifts) since February 8, 2006.

A period of ineligibility for Medicaid institutional services will result from these transfers. Medicaid will calculate the period of ineligibility by the following statutory formula: the dollar value of the transfer divided by the average monthly cost for one month of nursing home care equals the number of months of ineligibility for Medicaid nursing home institutional services.

For further information, see the free New York Medicaid Guide at http://www.wny-lawyers.com/medicaid.pdf

If you have questions about Estate Planning Issues and other legal matters that will impact your family as you grow older, contact Buffalo New York Estate Attorney Bob Friedman at (716) 542-5444.

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