New York Medicaid and the VA Aid & Attendance Program
If you qualify for Aid and Attendance, you should consider how the Aid and Attendance funds are viewed in by Medicaid in the State of New York. The website for the State of New York Medicaid reference guide is www.health.ny.us/health_care/medicaid/reference/mrg. First, it is important to understand what you have been award. A veteran or surviving spouse may not be qualified for any pension under the VA rules until they meet the medical and financial criteria for Aid and Attendance. However, once they meet the criteria, the award they are granted is comprised of Basic Pension (Maximum Annual Pension Rate (MAPR)) and Aid and Attendance. This is important because Basic Pension is taxable and counts against you for New York Mediciad - while the Aid and Attendance portion does not. Follow this link to the A&A Table on this website or check the figures on www.VA.gov.
New York Medicaid and the VA’s Aid and Attendance Pension: The final authority remains Book 52A of McKinneys Consolidated Laws of New York and Title 18 of the Codes, Rules and Regulations of the State of New York.- what follows are excerpts from the Medicaid Reference Guide for New York on Resources (assets) and Income rules as they relate to the VA's Aid and Attendance Pension.
RESOURCES TIME-LIMITED ADC RESOURCE DISREGARDS Policy: Certain resources, available to an A/R, are disregarded for a limited time period. When the period has expired, these resources are reviewed to determine their value and availability. All countable resources are compared to the allowable resource level.
The following is a list of resources that are disregarded for a limited time period.
AID AND ATTENDANCE, RETROACTIVE VETERANS BENEFITS-
Moneys from Retroactive Veterans Benefits Awards for Aid and Attendance, unusual medical expenses, and/or Housebound Allowances, are exempt in the month received and the following month.
INCOME
SSI-RELATED DISREGARDS
Description: Disregards of income are not considered in whole or in part in determining eligibility for Medicaid.
Policy: The following types of income are disregarded in the determination of income for Medicaid:
VETERANS - Payments to veterans for Aid & Attendance (A&A) or payments for Unusual Medical Expenses (UME).
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