Brooklyn families often face New York Medicaid decisions when a parent needs home care or a nursing home. Schwartsman Law Group PLLC helps Kings County households plan eligibility while protecting a home and savings under the rules that actually apply in New York. We meet clients at our Avenue Z office and across New York City. We are licensed to practice law in New York only. Call (212) 518-3868 or request a free consultation.

Why Brooklyn Medicaid planning is local

Applications for many Brooklyn residents run through NYC Human Resources Administration (HRA) and related managed long-term care pathways. Nursing facility cases still turn on clinical need plus financial eligibility. Community cases may involve personal care, consumer-directed assistance, or MLTC enrollment. The paperwork — deeds for brownstones and co-ops, multi-account bank histories, and explanations of transfers — has to match what HRA and the Department of Health expect.

This page focuses on Brooklyn and Kings County. For the statewide overview, see Medicaid planning. Long Island families may prefer our Long Island Medicaid planning page.

Nursing home Medicaid and the five-year lookback

When Medicaid is asked to pay for nursing facility services, New York reviews financial records for the 60 months (five years) before the application. Uncompensated transfers can create a penalty period based on the regional private-pay rate published by the New York State Department of Health. During a penalty, Medicaid will not pay for nursing facility care even if the person is otherwise eligible.

Brooklyn private-pay nursing home costs are high, so timing matters. A Medicaid Asset Protection Trust funded early can change the outcome; gifts made after a hospital discharge usually cannot erase the lookback.

Community Medicaid lookback status

New York law authorizes a 30-month (2.5-year) lookback for certain community-based long-term care services. The Department of Health submitted materials to CMS and previously indicated it would not seek implementation earlier than March 31, 2024. As of late 2026, that federal approval has not been announced as complete, and the 30-month community lookback is not treated as in effect for day-to-day applications. Nursing home cases still use the five-year lookback. Community resource reviews generally focus on current rules — a status that can change if CMS approves the amendment and DOH directs HRA and local districts to implement it.

Homes, co-ops, and MAPTs in Brooklyn

For many Brooklyn clients the largest asset is real estate: a one- or two-family house, a condominium, or co-op shares. Title, mortgages, and how the property is held affect both Medicaid resource counting and later estate administration in Kings County Surrogate's Court. A properly designed irrevocable MAPT can hold the home or other non-retirement assets so that, after the applicable lookback, principal is generally not countable for nursing home Medicaid. Funding must be completed correctly; incomplete deeds and accounts leave gaps.

Spousal protections and pooled trusts

Married couples may use the Community Spouse Resource Allowance and Minimum Monthly Maintenance Needs Allowance under federal and New York rules. Exact figures change; we confirm current DOH and federal amounts before recommending transfers. Community Medicaid applicants with excess income often use a pooled income trust under 42 U.S.C. §1396p(d)(4)(C). See our overview of pooled income trusts for NY community Medicaid.

How we help Brooklyn families

Review income, resources, deeds, and beneficiary designations against current New York Medicaid rules
Design and fund MAPTs and coordinate wills, powers of attorney, and health care proxies
Prepare nursing home and community Medicaid submissions, including HRA packages
Advise on lookback exposure, spousal budgeting, and crisis options when care has already started

Documents HRA and nursing facilities often need

Brooklyn Medicaid cases move faster when the financial file is complete. Typical items include photo ID and Social Security numbers, Medicare cards, bank and brokerage statements covering the lookback period for nursing facility applications, deeds and co-op proprietary leases, life insurance cash values, and explanations of any gifts or sales. For community cases, income proofs and MLTC assessment records matter. We prepare cover letters that map each asset to the application so HRA reviewers spend less time requesting follow-up.

Crisis planning after a hospital discharge

Many Avenue Z and Borough Park families call after a parent is already in a rehab unit and a nursing home admission is imminent. Crisis planning cannot erase a five-year lookback, but it can still use exempt transfers where the statute allows them, correct title problems, claim spousal allowances, and file a complete application so eligibility is not delayed by paperwork gaps. We also coordinate with discharge planners so clinical documentation matches the financial petition.

Call (212) 518-3868 or request a free consultation below. Bring asset lists, deeds, and existing planning documents so we can map options under current New York law.

Working with our Brooklyn office

Many clients prefer in-person meetings at our Avenue Z office after gathering deeds, co-op proprietary leases, and multi-year bank histories. We also meet Manhattan and Long Island families when a Brooklyn relative needs care. Applications can involve HRA community Medicaid units, nursing facility Medicaid units, and MLTC plans — we identify the correct track before the first filing.

If a guardianship or probate issue is already pending in Kings County, we coordinate so Medicaid planning does not conflict with Surrogate's Court or Supreme Court orders. See also our Kings County Surrogate's Court guide.

Brooklyn Medicaid Planning