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Medicaid for Permanent Residents in New York

Permanent residents may apply for New York Medicaid for as long as they are legal residents of New York and otherwise qualify based on Medicaid income and asset requirements and other Medicaid regulations. With the promulgation of Aliessa v. Novello, 96 N.Y.2d 418 (Ct App 2001), Medicaid has become available to all permanent residents, even those who have been living in the US for less than five years.

Undocumented immigrants, however, can only qualify for emergency Medicaid services. These emergency services are limited to treatment for emergency medical conditions that are necessary to stablize a person's condition. An exception to this rule are undocumented immigrants aged 65 and older. As of January 1, 2024, this category of undocumented immigrants are eligible for full Medicaid in New York State as part of an expansion of health coverage.

Application Process

The application process for Medicaid in New York requires several documents, including proof of income, such as pay stubs, tax returns, or self-employment records; identification documents, including driver's license, state ID, or passport; Social Security cards for all household members applying for coverage; proof of residency, such as a utility bill or lease agreement; citizenship or immigration status documentation, like birth certificates or green cards; medical records or disability determination, if applicable; pregnancy verification, if applying as a pregnant woman; and asset documentation, such as bank statements or vehicle registration, if required by the state.

Applicants may need to provide additional information or documentation during the review process. If approved, coverage may be retroactive to the date of application or the first day of the month of application. If denied, applicants have the right to appeal the decision and request a fair hearing. Once approved, beneficiaries will receive a Medicaid card and information about covered services and providers, as well as regular communication from the Medicaid agency regarding renewals, changes, or additional requirements.

Challenges in Applying for Medicaid

Navigating the Medicaid application process in New York can be a daunting and lengthy endeavor, posing various obstacles for those seeking coverage. A significant challenge lies in meeting the stringent income and asset limits set by New York Medicaid.

For individuals whose financial resources exceed these thresholds, legal avenues exist to strategically reduce income and assets, thereby increasing the likelihood of qualifying for Medicaid benefits. As experienced Medicaid estate planning attorneys, we possess the expertise to guide you through this intricate process and help you create a comprehensive plan for your future well-being.

Should you need assistance in planning your estate, the Law Offices of Albert Goodwin is here for you. You can call us at 212-233-1233 or send us an email at [email protected]. We are located in Midtown Manhattan, New York.

Attorney Albert Goodwin

About the Author

Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].

Albert Goodwin gave interviews to and appeared on the following media outlets:

ProPublica Forbes ABC CNBC CBS NBC News Discovery Wall Street Journal NPR

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