If you are claiming that you are a “part-time resident” of New York state, then you are in most likelihood not entitled to Medicaid. If you will list a New York address and you are living somewhere else, even a part of the year, you can be deemed a domiciliary of the different state, and be subject to a Medicaid Fraud investigation.
As a matter of fact, you can be subject to a Medicaid fraud investigation even if you live in a county that is different than the county where you have applied without notifying Medicaid of your change of county residence.
Most people claiming New York partial residency are just trying to get New York Medicaid without being entitled to it. The Department of Social Services is aware of this. So in all likelihood, this strategy is not going to work. If you would like to receive New York Medicaid, you have to live in New York full time.
If you are already being investigated by the Department of Social Services, you can read our article, 9 Ways of Beating a Medicaid Fraud Investigation. Depending on your living situation, we may be able to argue that there is a case for you being a New York resident, in order to get the HRA to dismiss the case or let you get away with a smaller settlement amount.
If you are considering claiming that you are a New York resident even though you live somewhere else, even part of the year, think twice before applying and make sure that you disclose the fact of double residence in the Medicaid application, to avoid later fraud charges. If you are already being investigated for not living in New York while receiving Medicaid, we can help you get the least harmful outcome.
Albert Goodwin, Esq. is a New York estate, guardianship, wills, trust, Medicaid and probate lawyer, He defends clients from Medicaid fraud allegations in investigations. He can be reached at (212) 233-1233 or 212-233-1233.