What is Medicaid Planning?


Medicaid planning is the creation and implementation of an asset protection plan within the confines of federal and state law. Through this planning, we are able to protect assets and provide for a smooth transition into full Medicaid eligibility whether it be homecare, assisted living or skilled nursing. There are several exemptions in Medicaid law that, when used properly, will yield eligibility even if assets are gifted within the five-year lookback period. Should you not qualify for one of the Medicaid exemptions, we are still able to utilize spend-down techniques, gifting plans and other strategies to protect your assets irrespective of the amount of assets you possess.

Whether your loved one is contemplating nursing home placement or has already been placed, or even if gifts have been made within the five-year lookback period, we can create a plan to address these issues and meet your needs.

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Robert J. Malpezzi

Robert J. Malpezzi, Director of Medicaid Planning at Ward Arcuri Foley & Dwyer, has nearly 30 years of experience addressing Medicaid issues. He is the former Director of the Medicaid Recovery Unit for Oneida County Department of Social Services where he oversaw and reviewed nursing home Medicaid applications, trusts and Medicaid plans submitted by local attorneys. Robert has been at our firm for 10 years and during that time he has created in excess of 1,500 Medicaid plans for our clients never yielding a denial from the Department of Social Services. Through his experience while at the County of Oneida, and at our firm, Robert is able to create and implement asset protection plans that are legal, ethical and within the Medicaid rules and regulations of the state and federal governments.



Some of the Medicaid Planning services we offer at Ward Arcuri Foley & Dwyer are:

  • Medicaid qualification for homecare, assisted living and nursing home placement. The need for any of these services, through the implementation of a proper plan, can be paid for by the Medicaid system. We can accomplish the same whether it be after planning has already been implemented or in the case of a crisis or an emergency need.

  • Addressing Medicaid denials, Medicaid penalties and Medicaid fair hearings.

  • Asset protection strategies to prevent against spending down one’s assets. Through these plans a significant portion of your liquid assets and real property can be protected.

  • Arranging for PRI’s, which is a screening tool for your loved one used to determine their level of care so that they are safely placed in the appropriate environment (homecare, assisted living or skilled nursing).

  • Through the relationships our firm has built with several local nursing homes and assisted living facilities, in many cases, we are able to assist you in placing your family member in the facility of your choice.


We’re Here To Help

We recognize every family’s need for Medicaid planning is specific to their family. We address your issues and needs with understanding, patience, attentiveness and compassion. We understand how overwhelming this process can be, through our planning strategies we are able to meet your goals and provide you with several viable options.

Please contact Robert J. Malpezzi to schedule your free consultation.

Free Consultation