Medicaid applicants and recipients can be required to pursue potentially available income as a condition of receiving Medicaid, and also to apply for Medicare. (42 CFR 435.608; 18 NYCRR sec. 360-2.3 (c)(1); Medical Assistance Resource Guide [MARG] pp. 488-489.)
1. Must apply for “Potentially available income”
This means entitlement benefits like annuities, pensions, retirement and disability benefits, veterans benefits and unemployment compensation. It does NOT include cash support. (MARG p. 561; 99 ADM-05)
The NYS Department of Health recently clarified in GIS 13 MA/005 – Buy-In for Individuals with Medicare who have not applied for Social Security Retirement Benefits [PDF] that this requirement to pursue potentially available income applies to Medicare Savings Program (MSP) applicants/recipients who are eligible for Social Security retirement benefits. These individuals cannot delay enrollment in Social Security and still qualify for MSP. This rule affects some people who would otherwise prefer to delay receipt of Social Security until after age 65 since the …
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