As you know, Governor Andrew Cuomo assembled a team from various constituencies to make recommendations to “redesign” Medicaid in New York. The Team made multiple recommendations on February 24, 2011. The NYS Legislature adopted many of these recommendations. To the relief of us in the Elder Law Community, Spousal Refusal was unaffected and transfer penalties were not expanded to cover Community Medicaid Applications. The big concern is that the legislation expanded Medicaid Recovery, subject to regulations defining this expansion to be issued in June 2011.
