Look Back & Penalty Periods

The Look Back period and the Penalty Period are two different time periods.

The Look Back is simply how far back Medicaid can examine your records to see what you have done with your money.

The penalty period is how long you are ineligible for Medicaid if they see that you have made gifts of your money within the look back period.

The Look Back Period:

Pre February 8, 2006

36 month look back for transfers to individuals
60 month look back for transfers to a trust

Post February 8, 2006 (Deficit Reduction Act of 2005)

A 60 month look back for all transfers

Note: The 5 year look back will not be in full effect until February 2011. The longer look back will be gradually phased in as it will only effect transfers after February 8, 2006.

The Penalty Period:

If a transfers appears in the look back period, divide the amount transferred by the average regional rate for a nursing home in that region. The regional rate currently in Northeastern New York

is $8,323.

Pre February 8, 2006

The transfer penalty period began the month after the transfer was made.

Post February 8, 2006

The transfer begins the month a person is institutionalized and otherwise eligible for Medicaid. (Has exhausted funds below the Medicaid resource allowance)

Gifts made after February 8, 2006 will create a period of ineligibility unless the transfer is exempt (see page 5) or we can prove the transfer was done for a purpose other than to qualify for Medicaid!

Look Back & Penalty Periods

Text Box: The Look Back Period is simply how long Medicaid can “look” to see what you have done with your money. The penalty period is based on three things: 1. If you made any gifts 2. How much you gave away and 3. When you gave it away. The Deficit Reduction Act of 2005 has changed when a penalty period begins for any transfer made after February 8, 2006.

Phone: 518-283-5315

Fax: 518-283-5363

Email: sharon2642@nycap.rr.com

www.starsforseniors.com