Announces TWO new forms to request a determination of disability for a pooled trust/ Supplemental Needs Trust, MBI-WPD and other reasons. The Disability Determination Form LDSS-1151is being replaced with DOH-5139 (download at https://www.health.ny.gov/forms/doh-5139.pdf). A new HIIPPA form must also be submitted https://www.health.ny.gov/forms/doh-5173.pdf - along with the OCA form used by the local districts. - https://www.nycourts.gov/forms/Hipaa_fillable.pdf

Includes announcement of new e-mail address for inquiries about HCSP cases (7-2021)

Corrected version of PowerPoint used in Seminar conducted by NYLAG Evelyn Frank Legal Resources Program on Nov. 6, 2019 and Nov. 15, 2019 (Corrected version 11/15/2019)

Answers to questions asked by participants in Webinar held on Nov. 6, 2019 sponsored by NYLAG Evelyn Frank program on using SNTs to protect Medicaid and SSI. See links to recorded webinar on http://www.wnylc.com/health/news/84/

Letter from NYSBA Elder Law section to Lisa Sbrana, Director of Eligibility and Marketplace Integration, dated 8/7/19, contesting 2 aspects of GIS 19 MA/04 - Clarification of Policy for Treatment of Income Placed in Medicaid Exception Trusts  (Feb. 4, 2019). First, letter explains why a Statutory Gift Rider should not be needed for establishing an SNT with a Power of Attorney. Second, letter critiques Attachment to the GIS, Form OHIP-0119 Explanation of the Effect of Trusts on Medicaid Eligibility. This is the Informational Notice required by Pooled Trust Notification Law enacted in 2017 that districts must include when notifying an individual of the option of using a pooled trust if they have a Medicaid spenddown. 

"New Restrictive Rule Regarding Medicaid and Power of Attorney" - NY Law Journal Article 8/15/19 by Daniel Fish, Reprinted with permission from the Aug. 15, 2019 edition of the New York Law Journal
© 2019 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited, contact 877-257-3382 or reprints@alm.com

Settlement and Order in Garcia v. Roberts, NYC Class action, Mar. 12, 2019 (16-CV-08370)(SDNY) - requiring HRA to render Medicaid eligibility determinations for people applying based on disability within 90 days. This includes applications submitted with a pooled or individual SNT for an individual age 65+, since the approval of the trust requires a determination that the applicant is "disabled" as defined by law.

Advocates' guide to Resource Rules and Impact of Lump Sums on Benefits eligibility for public assistance, Medicaid, SSI, Subsidized Housing, SNAP, child care subsidies, and HEAP. Authors: Paula Arboleda, Maryanne Joyce and Susan Antos, prepared for 2018 NYSBA Partnership conference, posted with permission.

Includes APPENDIX of referenced documents

Complement to Advocates guide to SNTs posted at http://www.wnylc.com/health/entry/5/

This change is only where to submit DRAFT trusts. It does not affect how to submit EXECUTED supplemental needs trusts and pooled trusts, which is to submit them to the Medicaid office processing the Medicaid case (Home Care Services Program if seeking or has home care or MLTC). See more about where to submit executed trusts at http://www.wnylc.com/health/entry/44/.

Listing of contacts in Medicaid and Home Care Services Programs, intended for use by Hospitals, Authorized Client
Representatives, Providers, Certified Home Health Agencies (CHHA’s), Community Based Organizations
(CBO’s) and other entities