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Mom was approved for Community Medicaid and been doing spenddown for last few years but not using services. Mom now needs 24 /7 care and Medicaid gave her 5.5 hrs per day(appealing). Care starts in home with aides on Jan 1 2023. At the same time , applied for VA Aide and Attendance on expedited basis due to age. She was quickly approved and given $1949 per month, also starting Jan 1 2023.



Anyone know answers to these Questions before I hire an elder lawyer to make sure everything is ok:



Can you have both Community Medicaid (aides with MLTC) and VA Aide and Attendance concurrently in NY? I dont believe either asked about the other program when completing forms?
Do you have to use the VA Aide and Attendance and show proof of usage ?
IS VA Aide and Attendance income excluded from Medicaid Spenddown amount?

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It is always wise to consult with an elder law attorney for questions like this. It is too important to try to figure it out on your own and very costly if you make a mistake! Most will offer a free initial consultation.
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I think that is a question for Moms Medicaid caseworker. When it comes to Longterm care in a NH, no you can't have both. Usually Medicaid is kept and A&A dropped because Medicaid pays more. Not sure how it works for Community services but the criteria is similar to LTC.
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I hope this website helps; the answer is very state-dependent:

https://www.medicaidplanningassistance.org/question/aid-and-attendance-pension-count-as-income-for-medicaid/#:~:text=Does%20the%20amount%20a%20person,count%20as%20income%20for%20Medicaid%3F&text=While%20in%20most%20cases%2C%20one's,is%20not%20always%20the%20case.
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