Brooklyn Medicaid Planning Attorney Yana Feldman Discusses New Medicaid Rules for 2023 and How They Benefits Seniors

January 18, 2023 at 00:36

The new year brings new changes to the Medicaid program, and seniors and their families need to be aware of these changes and how they may affect them. Brooklyn Medicaid Planning Attorney Yana Feldman ( is helping to inform the public of the new Medicaid rules that took effect on January 1, 2023, and how the rules can benefit seniors receiving benefits for home care and nursing home services.

“The new rules will increase the asset limit for Medicaid recipients. To qualify for Medicaid benefits for home care or nursing home, under the new rules, applicants must have less than $28,133 in countable assets for an individual and $37,902 for a married couple both applying. The increase in asset limit allows recipients to retain more of their assets. This is a significant change, as it used to be that many seniors had to spend down their assets in order to qualify for Medicaid. With the new rules, seniors can now keep more of their assets and still qualify for Medicaid.” explains the Brooklyn Medicaid Planning Attorney.

Brooklyn Medicaid Planning Attorney

Under the new rules, the income limit for Medicaid home care has also been raised to $1,563/month for individuals and $2,106/month for married couples both applying. This increase in the income limit provides relief for seniors in several ways. It means fewer people will have to use pooled income trusts to protect their income if it falls below the new limit. Even those who still need a pooled income trust can keep more of their income as compared to previous years. The income limit for nursing home Medicaid benefits recipients remains unchanged at $50/month.

The Medical Assistance Program/ Homecare/ Nursing Home division is sending a one-time mailing with forms MAP-3190 and MAP-3190a to inform consumers of changes in income limits. Consumers can self-attest their income for 2023 without needing to provide any documentation, making the process more convenient.

The Medical Assistance Program will redetermine the eligibility of current Medicaid consumers who do not contact the LDSS for a budget recalculation at the next consumer contact or at renewal, whichever comes first. This means that if a senior is already receiving Medicaid benefits and does not contact the LDSS to request a budget recalculation, the Medical Assistance Program will automatically redetermine their eligibility at the next contact or at renewal.

“These new rules are a welcome change for seniors and their families,” said Yana Feldman, elder law attorney based in Brooklyn. “It will provide much-needed relief to seniors who are receiving Medicaid benefits for home care and nursing home services. It will allow them to keep more of their assets and income and will make it easier for them to qualify for these benefits. If you or a loved one are receiving benefits and need advice on these changes, please contact us to schedule a consultation. At New York Legacy Lawyers, our team of Brooklyn elder law attorneys has the experience and knowledge to guide you through the process and help you make the most of these new rules."

Yana Feldman is an experienced elder law attorney who specializes in estate planning, Medicaid planning, and elder law. Her law practice is based in Brooklyn, New York, and she serves clients throughout the New York City metropolitan area. She has helped countless seniors and their families navigate the complex Medicaid system and find ways to protect their assets and qualify for benefits.


Yana Feldman, Elder Law Attorney

New York Legacy Lawyers

(718) 713-8080


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Yana Feldman
(718) 713-8080
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