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Medicaid Resource and Income Disregards

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Posted: 25 Mar, 2010
by David Silva (New York Legal Assistance Group)
Updated: 09 Jan, 2019
by Valerie Bogart (New York Legal Assistance Group)

When determining eligibility for Medicaid in New York state, the local district determines the gross income and resources of the applicant, and then deducts certain items which may be disregarded.  If any of these disregards apply to a particular applicant, then they may be eligible for Medicaid even though their income or resources appear to be over the limit.  As a result, it is important to know which types of income or resources (or which expenses) can be disregarded.

We have created two tables that collect all of the various income and resource disregards applicable to the different categories of Medicaid in New York state.  We have tried to make sure there are citations to the relevant provisions from the regulations or the Medicaid Reference GuideLet us know if you can't find a cite or find a correction!

IMPORTANT -- Note that these income and resource disregards apply for people seeking Medicaid for community-based care, not nursing home care.   The rules for both income and certain resources, such as the home, are different, and are explained in this article

This article was authored by the Evelyn Frank Legal Resources Program of New York Legal Assistance Group.


Attached files
item SNT Outline 2023-06.pdf (1.3 mb) Download
item NYSBA Partnership outline and appendix.pdf (3.14 mb) Download
item Funeral Agreement Fact Sheet revised 2020-10-28.pdf (1000 kb) Download
item IncomeDisregards.pdf (106 kb) Download
item ResourceDisregards.pdf (66 kb) Download

Also read
item Advocate's Outline on Supplemental Needs Trusts and Rules for Impact of Lump Sums on Various Benefits
item How to use funeral planning to become eligible for Medicaid (updated fact sheet - 2015)
item Transfer of Asset Rules in Medicaid -- The Deficit Reduction Act of 2005
item Medicaid Spend-Down
item Keeping Medicaid after Cash Public Assistance or SSI Benefits Are Terminated
item KNOW YOUR RIGHTS: Fact Sheet Explaining Basic Rules on NYS Financial Medicaid Eligibility for People who are Disabled, Aged 65+, or Blind
item Spousal Impoverishment Protections for Married Couples where One Spouse is in a Managed Long Term Care Plan - Pooled Trusts Allowed as an Option
item "MAGI" Medicaid Eligibility under the Affordable Care Act - Rules for Most People Under age 65 Without Medicare
item Special Income Standard for Housing Expenses: If Discharged from Nursing Homes or Adult Homes & Enroll in or Remain Enrolled in MLTC Plan

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Keeping Medicaid after Cash Public Assistance or SSI Benefits...       Financial maintenance requirements at application and renewal

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