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April 2022

Medicaid Update - Increased Income and Resource Levels for 2023


The New York State Legislature passed the 2023 NYS Budget on April 8, 2022. The Budget included some changes to the Medicaid program, including increasing the income and asset limitations so that more disabled and older residents will be eligible to receive health care coverage.

By way of background, there are currently two types of Medicaid populations, “MAGI” and “Non-MAGI”. Non-MAGI is for Disabled, Aged 65+ and Blind individuals (DAB) and MAGI is for individuals under 65 without Medicare.

Pursuant to the NYS Budget, the levels for Non-MAGI Medicaid will increase to 138% of the Federal Poverty Level (FPL) on January 1, 2023. This is the same income limit that applies to individuals whose income is calculated under the Modified Adjusted Gross Income (MAGI) formula. Using the same income limit for MAGI and NonMAGI Medicaid will allow current MAGI recipients to retain Medicaid coverage when they turn 65 and become eligible for Medicare or for younger individuals who receive Medicare due to receiving Social Security Disability benefits.

More specifically, the calculation that applies to non-MAGI is different from the MAGI calculation. Income such as VA Benefits and Workmen's Compensation are not included in the MAGI calculation. However, while calculating income under MAGI and non-MAGI is different, those who switch to non-MAGI after turning 65 or receiving Social Security Disability benefits will be able to retain their Medicaid benefits by utilizing pooled income trusts to shelter excess countable income that was not previously counted. In other words, a 60-year-old MAGI Medicaid recipient receiving VA benefits will be able to maintain Medicaid when turning 65 by depositing the extra income into a pooled income trust. Using the 2022 FPL, the new income limits in 2023 are projected to be $1,563 per month for singles (currently $934) and $2,106 for couples (currently $1,367).

The asset limit was not repealed in the final Budget as some thought it might be, but the asset limit will increase substantially. The asset limit will increase to $28,134 for singles (currently $16,800) and $37,908 for couples (currently $24,600).


As discussed in previous bulletins, New York State is enacting new evaluation procedures, which include appointment of an Independent Assessor, for Medicaid home care applicants. There is still no guidance from the State regarding implementation, so stay tuned for further information. The Budget also modifies statutory language outlining the process for selection of an Independent Assessor.


The 150% increase to home care workers' base wages was not passed. However, beginning October 1, 2022, the hourly minimum wage will increase by $2.00, and it will increase by another $1.00 starting October 1, 2023.


The budget includes a one-time bonus for certain front line health care workers receiving a salary of $125,000 or less, commensurate with the number of hours worked. However, the Office of the Budget indicated that this bonus does not apply to home care workers.