In July my father in law gifted us money as a wedding gift towards the down payment of our home, that is also his home. In mid Sept. had a stroke, recovered fully. Then a week later the stroke extended and he needed Rehabilitation care. He has not progressed much with rehab. and we may be looking into nursing home care if we cant get the home nursing care he needs. Our question is what penalties will we have for the wedding gift towards the down payment of our home?


If you live in Manhattan, for 2020, the regional rate is $12,844. Medicaid divides the amount you transferred, $128,440, by the regional rate, $12,844, and the result is your penalty period – 10 months. That means that for the first 10 months that you are in the nursing home, you are responsible for figuring out how the nursing home will get paid.  
You already have less than $15,750, because otherwise you wouldn’t have been able to apply for Medicaid, and you’re already in the nursing home, so you can’t escape the bills. So how will you pay? Good question. 

You could ask the person to whom you transferred the money to pay, for example – but whatever you do, it’s up to you to find the money. Medicaid won’t pay until 10 months have elapsed. That’s why this is such an effective strategy for Medicaid to use with people who are contemplating moving to a nursing home, and who have not done any planning. (Don’t panic, though – last-minute Elder Law planning can still help in this situation.)
Your penalty period – 10 months – will be identical, whether you transferred that amount one week ago, or 4 years and 11 months ago. That’s why if you’re close to the end of the 5-year period, depending on your situation, it may make more sense to pay privately for a shorter period, and wait to apply for Medicaid until you have passed the 5-year window.
Even if you are “trapped” in the look back period, there are proven, legal Elder Law strategies that can help you save a material portion of your money – usually, 40-50%. That’s why consulting with a qualified Elder Law attorney is so important when you start needing long-term care – and why it can be extremely cost-effective.”
Below are the Regional Rates for New York Nursing Homes for 2020:
New York City: $12,844
Long Island: $13,407
Northern Metropolitan: $12,805
Northeastern: $11,295
Central: $10,451
Rochester: $12,460
Western: $10,720

I hope this helps and I hope your FIL is feeling better soon.
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Reply to 97yroldmom

Yes, I see that he moved in on 3/20.
What I’m trying to say is that in order for you to know what is possible for your unique situation, you need to consult a qualified attorney who has experience working with the type situation you describe before you file for Medicaid.

The following is from a elder law attorney site in NY..
Read this to see If it helps you better understand your situation.

It was dated January 14, 2020 so it’s the law right now for 2020. I’m not including the firm as I don’t want to be advertising on this site for the firm. With this information, you can do searches Of your own to build on what’s here. I will have to make two posts as it’s lengthy.

The point I really want to stress is, whether FIL comes home now from rehab or goes into a NH, you need to get elder law counseling in order to get him the care he needs and help you asses your best course of action. The laws are changing somewhat in 2021 as I sent you before. If he is coming home, you can apply for help in your home. This is called “community Medicaid”. My first post had info on the changes being made in 2021 that you might be able to avoid by filing in Dec 2020 rather than Jan. 2021.
I’m not an attorney, I’m not trying to do anything here but point out that time is Of the essence in doing elder planning for your FIL. and give you some bits of information to encourage you to take action. Hopefully your husband is FILs DPOA. Note the parts they put in italics like “uncompensated transfers”. Since you and your husband are your FILs caregivers, his transfer may be seen differently by Medicaid.....I don’t know, That’s why you need an attorney who does know. A qualified, experienced. Certified elder law attorney.

“New York State Has Published the 2020 Medicaid Regional Nursing Home Rates 
How the ‘Regional Rate’ is used to calculate the Medicaid Nursing Home Penalty Period
If you are about to enter a nursing home, and you have made large gifts or transfers within the five years before you apply for Medicaid, you are likely to be subject to a so-called ‘Penalty Period’ before Medicaid will begin to pay for your nursing home. Here’s how Medicaid calculates the penalty period, using the newly-published 2020 ‘regional rate’ for each geographic region in New York State.
Note: If you are in a nursing home and you are applying for Medicaid to pay for your care, the rules that apply are those for Institutional, or Nursing Home, Medicaid – NOT Community Medicaid.  
For a single person, you can apply for Medicaid services if your assets are below $15,750 (the limit in 2020). Once you are over 65, the amount of your income does not affect your eligibility.
Once you are in the nursing home, and you have less than $15,750 in assets, and your Medicaid application is filed, Medicaid then “looks back” at all your financial statements and all your assets for the prior five years. They are looking to see whether you made any “uncompensated transfers” (usually, gifts or transfers to a trust or family member) within the prior five years. If you did, the transfer or transfers will trigger a delay as to when Medicaid will start paying for your nursing home. The delay is called the “penalty period.”
The length of the delay depends on how much you transferred, and where you live. In theory it is at least equal to the length of time during which you could have used the money you transferred, to pay for your own care. In practice, you can end up paying significantly more for your care than the amount you gave away or transferred.
If you transferred $128,440 within the look back period, how long would your penalty period be? To calculate that, you need the ‘regional rate’ in your region. Since nursing home costs vary significantly within the State, New York assigns a regional rate that is supposed to correspond roughly to the monthly cost of care in the geographic area where you reside.
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Reply to 97yroldmom

My father in law lived with us. He gifted us the money and bought the new home before he had the stroke.
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Reply to DA041663

Here is an article that might be helpful. There appears to be some big changes occurring Jan 2021 for community Medicaid and other changes for NH Medicaid and transfer penalties. You and your husband might want to speak with a CELA level elder law attorney like tomorrow. It could be that FIL gift could be considered payment for care as he lives with you and you have provided care. Depending on his health he may qualify for a hardship waiver. An experienced attorney could possibly help you navigate any nuances that may help you get FIL the care he needs without penalty. Let us know what you find. We learn from one another.
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Reply to 97yroldmom

Are you saying you are buying the home of your parent, in which you currently are living, and the down payment was gifted to you by your father?
You would probably have to return the amount gifted unless I am missing something here. I am hoping Igloo or Mstrbill will weigh in and tell you more, or Cali. You might also consider calling the 1- 800- medicare number which handles medical also , at least the federally directed amount of it; it varies by State. Wishing you good luck in your search for information.
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Reply to AlvaDeer

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