NYLAG Fact Sheet on consumer Right to keep more income during a temporary nursing home stay, as well as after a nursing home stay if a consumer is enrolled in a Managed Long Term Care plan or for some consumers who are married.

This fact sheet explains requirements for maintaining SSI (Supplemental Security Income) for up to 90 days during a temporary hospital or nursing home stay. The PDF also includes a new official form (2023) for requesting continuation of SSI benefits, which must be filed with the Social Security Administration within strict timelines. Note that if SSI benefits are terminated, Medicaid will also be terminated, after "Stenson" notices are mailed giving the recipient an opportunity to recertify for Medicaid without SSI. See http://www.wnylc.com/health/entry/85/

NYC MICSA Medicaid Alerts from 2015 and 2020 with nursing home forms updated as of 3/23/23 including "Discharge Alert" 259d that nursing home physician must sign to certify that resident has a reasonable expectation to return home, which entitles resident to community budgeting (non-chronic care) - so they keep entire community Medicaid allowance rather than only $50/month. Form replaces 1159. PDF includes - Form 259f Notice of Discharge revised 2020 (now includes check-off that resident advised of Special Income Standard for those discharged from NH to MLTC) ; Form 259e (Change/Cancellation of Discharge Plan), 259g (Respite Alert), 259t (updated 5/2020) -- PDF has updated forms as of 3/24/2023 from NYC MARC website.

Notice sent by MLTC plans to members of intent to disenroll because of a Long Term Nursing Home Stay - a stay of more than 3 months, where the member has been approved for Nursing Home Medicaid. Notice sent 30 days prior to disenrolllment. A second notice is sent by NY Medicaid Choice 10 days prior to disenrollment, posted with more info in this article http://www.wnylc.com/health/entry/199/

Letter to Governor Cuomo and leaders of the legislature calling for NYS Budget initiatives that will ensure access to home care to prevent unnecessary institutionalization -- COVID-19 has been a wake-up call for the need to avoid nursing home placement when ever possible.

Letter of 7/2/20 to Gov. Cuomo and letter dated June 29, 2020 to DOH from NYLAG, Legal Aid Society, CIDNY, Empire Justice Center & other organizations demanding the state halt disenrollment of almost 20,000 MLTC members from their MLTC plans because they have been in nursing homes for more than 3 months. With visitors banned from nursing homes, they'll have no help to appeal - and many will be forced to stay in the nursing homes, at risk of exposure to COVID.

NYSDOH Dear Administrator Letter (DAL) to Nursing Homes 6/11/2020 revising the one issued 1-21-2020 (posted at http://www.wnylc.com/health/download/718). DAL advising them that residents who are members of MLTC plans will be disenrolled after 3 months in NY. The letter should eventually be posted with other DAL letters here - https://www.health.ny.gov/professionals/nursing_home_administrator/letters.htm#dal. See discussion in this article http://www.wnylc.com/health/entry/199/