Law Offices of Kevin H. Cohen, P.C. Tel (914) 949-3411
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Frequently Asked Questions

Question: Is it true that if I gave away assets within the last three years, I am unable to obtain Medicaid?

Answer: Not necessarily.

The gifting of assets within the past three years does not automatically preclude you from obtaining Medicaid. What you are describing is the look-back period. The look-back period is 36 months for outright transfers and 60 months for transfers to certain trusts. While your local agency may review all transfers made by you during the look-back period, you may still be able to qualify for Medicaid benefits. You should be more concerned with the penalty period, which is based on the amount of assets transferred and measures the time during which you are ineligible for Medicaid. While the penalty period is running, you will be unable to qualify for Medicaid.

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