Transfer to New Jersey of Individual Receiving New York Medicaid

A common situation involves a Medicaid recipient in New York who desires to relocate to a nursing home in New Jersey. The seminal question is whether such Medicaid eligibility is transferrable. The general answer is no and a new application for Medicaid must be made in New Jersey under the applicable rules.

The rules governing Medicaid eligibility are substantially different in New York than in New Jersey. For example, Medicaid in New York will cover 24-hour home care. Although our home care benefits have increased in New Jersey, they are not equivalent to New York.

I have spoken to supervisory people in Morris County and it has been observed that there is one exception. Lincoln Park Nursing Home in Lincoln Park will honor New York Medicaid eligibility.

One final issue relating to this topic is the constitutional question as to the point in time that an individual moving to New Jersey can become eligible for governmental benefits. As Janice Chapin, Esq. pointed out in our Institute for Continuing Legal Education materials entitled, Hot Topics in Medicaid Planning, since 1969 the rule has been that a state cannot impose a duration of residency on public benefits. The Supreme Court of the United States in Shapiro v. Thompson, 394 U.S. 618 (1969) ruled that states cannot deny welfare benefits to those newly arrived from other states. That is, the moment that an individual enters that State of New Jersey, such individual becomes eligible for benefits (subject to meeting the requirements).

Disclaimer: This article does not constitute legal advice and each person may have unique facts for which legal consultation may be necessary.

© May 2009, Post 81