Resources | NYCOURTS.GOV (2024)

Medicaid in NYS

The Medicaid program is different for each state. Each Medicaid recipient gets a permanent, plastic identification card that must be presented when services are required. In New York State Medicaid pays doctors, hospitals, nursing homes, home care agencies and other providers directly, provided they have agreed to accept Medicaid clients and Medicaid payment as payment in full. Medicaid will not pay for services of a provider who has not registered in the Medicaid program.

Providers are not required to participate in the Medicaid program. If they do, they must accept all Medicaid recipients as patients. Recipients, therefore, should be sure to find out in advance if a provider accepts Medicaid before obtaining treatment. If the provider does not accept Medicaid, the recipient of services is personally liable for any part of the bill not covered by other insurance.

How to Apply for Medicaid
Medicaid, like all “means-tested” programs where eligibility is based on income and assets, requires extensive documentation to establish eligibility. Proof is required to verify identity, residence, citizenship, disability (if the applicant is under 65 and is claiming to have a disability), marital status, income and resources and, in some cases, other information which may be necessary for an eligibility determination.

Examples of the kinds of documentation that may be submitted to verify the eligibility requirements are:

1)Personal identification

  • birth certificate
  • baptismal certificate
  • hospital certificate of birth
  • passport or immigration papers
  • current driver's license
  • Medicare card
2) Income statements for the last three months
Documentation must be submitted to verify all sources of earned and unearned income. The applicant’s total monthly income will be compared against the Medicaid income standard to determine if the applicant has excess income. Applicants with excess income are offered Medicaid under the Surplus Income Program. Examples of documents related to income include:
  • award letter from a benefits program
  • copy of check from benefits program
  • pay stubs showing earnings
  • bank statement of interest earned
3)Asset and Resource statements for the last 36 months
Medicaid requires all applicants to open their financial history to a review process. The purpose of this audit is to allow the Medicaid program to see if the applicant has any of unreported income or whether there are any large withdrawals that are not allowed by the Medicaid program. Examples of the types of documentation that must be submitted are:
  • savings bank books
  • checking statements
  • stock and bond certificates
  • life insurance policies
  • burial fund, burial plot, or funeral agreement deed to real property
4) Missing documentation (collateral investigation)
If the documents requested by the Medicaid agency are not obtainable, the applicant should present any substitute evidence available to establish eligibility. Medicaid is jointly responsible with the applicant for exploring all factors concerning eligibility and should assist the applicant.

5) Verification of financial information
Medicaid can and will attempt to verify all financial information supplied by the Medicaid applicant. The Medicaid program has access to Internal Revenue Service records and will use the applicant’s Social Security Number to find any unreported sources of income. If Medicaid uncovers some source of funds, for example a bank account, which was not reported on the Medicaid application, an investigation will be opened. In New York City, the Investigations, Revenue, and Enforcement Administration of the Human Resources Administration handles the verification.

Medicaid Covered Services in New York State
New York State covers a wide range of medical services which can be grouped into three separate categories known as community Medicaid, home care, and institutional care. A partial list of these services is provided below:

1.Community Services

  • services of physicians, dentists, nurses, optometrists, and other related professional personnel (podiatry services are available only to those individuals who are enrolled in the Medicare Savings program or who are also receiving Medicare coverage);
  • outpatient or clinic services;
  • sickroom supplies, eyeglasses, and prosthetic appliances;
  • physical therapy;
  • laboratory and X-ray services;
  • transportation when essential to obtain medical care; and
  • prescription drugs

2. Home Care Services

  • home health services such as nursing, physical therapy, occupational therapy, and home health aide;
  • personal care (home attendant) services; and
  • long term home healthcare program (“Lombardi” or “nursing home without walls”)
3. Institutional Services
  • care in hospitals, nursing homes, and other medical facilities.

NOTE: Some services and supplies require prior approval for coverage and other services and supplies are covered only under certain conditions or limitations.

Information on Medicaid can be found on the website of the New York State Department of Health www.health.state.ny.us. In New York City information on Medicaid can be obtained by calling
(718) 557-1399 or toll free (1-877-472-8411).

Resources | NYCOURTS.GOV (2024)

FAQs

How to answer a summons in New York state? ›

You can either answer the summons in writing or in person. If you answer in person, you must go to the courthouse clerk's office and tell the clerk about your defenses to the plaintiff's claims. The clerk will check off the boxes in a Consumer Credit Transaction Answer In Person form.

How do you write a response to a summons? ›

Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerk's office and mail (or “serve”) one to the plaintiff or plaintiff's attorney.

How long do you have to answer a complaint in New York? ›

The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete. If the defendant fails to respond he or she is in default and plaintiff may be able to obtain a default judgment against the defendant.

Who can be sued in the NY Court of Claims? ›

The New York State Court of Claims is the exclusive forum for civil litigation seeking damages against the State of New York or certain other State-related entities such as the New York State Thruway Authority, the City University of New York, the Olympic Regional Development Authority, the Roswell Park Cancer ...

How to answer a judgement against you? ›

You must fill out an Answer, serve the other side's attorney, and file your Answer form with the court within 30 days. If you don't, the creditor can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.

How to respond to a court summons for debt? ›

In order to respond, you must file an Answer into the case, which costs $225-$450 depending on how much debt is owed and in which court the case is filed. In your Answer, you should respond to each claim against you and assert your affirmative defenses.

What is a good sentence for summons? ›

Examples from Collins dictionaries

I received a summons to the Palace. She had received a summons to appear in court. The men were summonsed and last week 30 appeared before Hove magistrates. She has been summonsed to appear at St Albans magistrates' court.

How to write a legal answer? ›

When drafting an answer, one must: (1) follow the local, state, and federal court rules; (2) research the legal claims in the adversary's complaint; (3) respond to the adversary's factual allegations; and (4) assert affirmative defenses, counterclaims, cross-claims, or third-party claims, if applicable.

What happens when someone doesn't respond to a summons? ›

Although it might be tempting to ignore a summons and complaint, ignoring a lawsuit does not make it go away. And it could result in the court awarding a money judgment against you by default. That can lead to your wages being garnished, your bank accounts attached, or your property being taken!

What happens if there is no response to a complaint? ›

Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.

How to argue a motion to dismiss? ›

To successfully defeat the motion to dismiss, a pro se litigant must address the following potential responses.
  1. The plaintiff's allegations don't fit the facts of the case.
  2. There is a missing element of the claim.
  3. There are no factual allegations in the complaint, only conclusions.

How not to respond to complaints? ›

Ensure that it is clear that you are taking the complaint seriously. Overly informal language or poor grammar / processes can suggest that no formal investigation is underway. Overly informal response. Feel unclear if being dealt with through proper process.

What is a summons with notice in New York? ›

A summons with notice is a type of summons. The summons with notice is not served with the complaint. It contains all of the information described above for the summons, plus a brief description of the type of case and the relief the plaintiff is asking the court to grant.

How to write an affirmative defense in an answer? ›

Affirmative defense—Examples

On [Date], after making the contract and the alleged breach, and before this action was commenced, defendant paid to the plaintiff the sum of [specify amount], which was accepted by the plaintiff in full satisfaction and discharge of the damages claimed in the petition.

How do you answer a foreclosure summons in NY? ›

If you got a Summons and Complaint, you need to deliver a written Answer form to the plaintiff and the Court. Your Answer is what you tell the court about what the plaintiff said in the Complaint. The Answer tells the court your defenses or reasons the plaintiff must not win the case.

Is New York a fact-pleading state? ›

While fact-based pleading has not been a part of the federal civil process since the 1930s, it remains alive and well in many of the country's biggest and busiest state courts, including California, New York, Pennsylvania, Florida, Texas, Missouri, Virginia, Illinois, New Jersey, Connecticut and Louisiana.

Top Articles
Latest Posts
Article information

Author: Maia Crooks Jr

Last Updated:

Views: 5910

Rating: 4.2 / 5 (63 voted)

Reviews: 94% of readers found this page helpful

Author information

Name: Maia Crooks Jr

Birthday: 1997-09-21

Address: 93119 Joseph Street, Peggyfurt, NC 11582

Phone: +2983088926881

Job: Principal Design Liaison

Hobby: Web surfing, Skiing, role-playing games, Sketching, Polo, Sewing, Genealogy

Introduction: My name is Maia Crooks Jr, I am a homely, joyous, shiny, successful, hilarious, thoughtful, joyous person who loves writing and wants to share my knowledge and understanding with you.