Mottola Law Office PLLC


Most people over the age of 65 or disabled are eligible for Medicare. It is a federal program that provides doctor and hospital care regardless of income or assets. It also provides limited nursing home care and aides in the home.

Medicaid is a joint federal, state and local program that pays for hospital, doctor, Medicare copays, a home health aide or nursing home care for individuals who meet income and asset limits. Many believe that they cannot qualify for Medicaid because they have too much money. This is a very common misconception. The Law Office of Andrea P. Mottola uses innovative methods to plan for the protection of your income and assets. With the proper planning, many can qualify and preserve their assets for their family.

Chronic Care (nursing home) Medicaid

Medicaid nursing home care has a five year look-back on transfers of assets. Therefore, a plan that is put into effect more than five years before a need for assistance arises will preserve the most assets. Proper planning can protect your assets so that you will be eligible for Medicaid when you need to apply. Planning can also be done once you are ill. The experienced elder law attorneys at the office of Andrea P. Mottola can also help reduce the penalty period so that if you have not properly planned, some of your assets can still be protected.

Community Based Medicaid

Many people who require assistance with the activities of daily living would prefer to remain in their home and receive the assistance of a home health aide, rather than go into a nursing home. The cost could well exceed $3,000 per month. Medicaid will provide home care, however, there are income and asset limits. The Medicaid Community program does not have a five year look-back on transfers of assets. Our attorneys can work with you to protect your assets and income should you require the assistance of a home health aide.

Pooled Income Trusts

When receiving Community Based Medicaid, you are allowed to keep $820.00 per month of your income, plus any costs you incur for health insurance premiums. Your additional income (called a Aspend down@) must be used on the cost of your care with Medicaid paying for the remainder. A Pooled Income Trust is a vehicle used to protect this Aspend down@ so that your income can be used to pay your household bills rather than your medical expenses.

Medicaid Application

Obtaining Medicaid is a complicated application and eligibility process. The Law Office of Andrea P. Mottola is aware of all of the intricacies of Medicaid Law and can work with you to determine the best way to protect your assets and income for your family.

Call Mottola Law Office PLLC at 631-581-1700 or contact us online to schedule an appointment. We are available to meet with you at your home, hospital or our office.

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