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Resource Attestation and Documentation Chart

Views: 926
Posted: 10 Mar, 2009
by David Silva (Selfhelp Community Services, Inc.)
Updated: 13 Jul, 2010
by Valerie Bogart (Selfhelp Community Services, Inc.)

This chart, produced by HRA, explains the different types of documentation required of an applicant's resources (aka "assets") for the three different levels of coverage provided by New York State's Medicaid program.  It also explains which services are covered for each of the three levels.

The right to merely "attest" to the amount of one's resources, rather than document them, when applying for Medicaid and Medicare Savings Programs, was first introduced in the enactment of Section 366-a(2) of the Social Services Law, enacted by Chapter 1 of the Laws of 2002, which eliminated the resource documentation requirement for individuals not seeking Medicaid long-term care services.  It did not at that time remove the resource limit, just the need to document. 

Implementation directives:  04ADM-06 - Attestation of Resources  (as updated by 2010 changes),  04 OMM/ ADM-6 (July 20, 2004),  05/OMM-INF - 2 June 8, 2005

In 2008, all resource limits were repealed for the Medicare Savings Programs. 

Effective January 1, 2010,  resource limits were repealed for all Medicaid recipients except those in the Aged 65+, Disabled, Blind category., and for   Therefore, "attestation" only remains an option for those Medicaid recipients who are  age 65+, blind, or disabled but who do NOT NEED long-term care services in the community or in the nursing home.  If they are only seeking the other community-based services, they may "attest" to their resources.  If, later, they need any of the long-term care services, they must verify resources.  

The State Department of Health has issued policy guidance to local districts in detailing the implementation of this new rule.  SEE:


This site provides general information only. This is not legal advice. You can only obtain legal advice from a lawyer. In addition, your use of this site does not create an attorney-client relationship.  To contact a lawyer, visit http://lawhelp.org/ny. We make every effort to keep these materials and links up-to-date and in accordance with New York City, New York state and federal law. However, we do not guarantee the accuracy of this information.

Attached files
file Resource Documentation.pdf (31 kb)

Also read
document Transfer of Asset Rules in Medicaid -- The Deficit Reduction Act of 2005
document Keeping Medicaid after Cash Public Assistance or SSI Benefits Are Terminated
document New Application Form (2010) Used for Medicaid, Child Health Plus and Family Health Plus in New York State

Also listed in
folder Medicaid -> Applying For and Keeping Medicaid

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This site provides general information only. This is not legal advice. You can only obtain legal advice from a lawyer. In addition, your use of this site does not create an attorney-client relationship.  To contact a lawyer, visit http://lawhelp.org/ny. We make every effort to keep these materials and links up-to-date and in accordance with New York City, New York state and federal law. However, we do not guarantee the accuracy of this information.  To report a dead link or other website-related problem, please e-mail us.