California Estate Planning Blog by Kevin Staker

July 5, 2016

Medi-Cal Recovery Limited by 2016 California Budget Act (by Kevin Staker)

Filed under: Kevin Staker,Medi-Cal Planning — Kevin Staker @ 3:58 pm
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CANHR, California Advocates for Nursing Home Reform, reports that the 2016 California State Budget Act incorporates the limitations on recovery by the California Department of Health Care Services arising out of services from Medi-Cal.  Their post is found at http://canhr.org/newsroom/newdev_archive/2016/Governor-Brown-signed-SB833.html.

The changes include:

  • No recovery against the estate of a surviving spouse;
  • Recovery will only be what federal law requires, in other words,  only for nursing home facility and long term care services provided after age 55 or any age if the person was “permanently institutionalized”;
  • No claims for against homes of modest value;
  • The state can recover only against a probate estate, and so living trusts and joint tenancies will escape recovery;
  • The Act limits the interest on Medi-Cal liens;
  • Individuals who may be subject to recovery can request an itemized billing once a year for a $5 fee; and
  • These changes are effective for individuals who die on or after January 1, 2017.

The changes will dramatically decrease the effort needed to escape recovery for Medi-Cal expenses for long term care in a nursing home.

By Kevin Staker

April 27, 2016

Medi-Cal Announces Average Private Pay Rate for California Long Term Care Increased to $8,189 by Kevin Staker

Filed under: Kevin Staker,Medi-Cal Planning,Uncategorized — Kevin Staker @ 5:09 pm
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The California Department of Health Care Services has announced the “average private pay rate” (the “APPR”) for 2016 is $8,189. This is the amount used to calculate the period of time a person is ineligible from long term care assistance if he or she gives more than that amount away to another individual in a non-exempt gift.

The present rules provide if just under that amount, such as $8,188, is given away, they round down to zero and so no period of ineligibility is created.

By Kevin Staker

March 25, 2015

Medi-Cal Site on Google Sites by Kevin Staker

Filed under: Kevin Staker,Medi-Cal Planning — Kevin Staker @ 8:32 am
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Kevin Staker has a site on Google that explains the basics of Medi-Cal planning.  It is tragic how many times we see people who spend their money on long term care in a nursing home when  it is so easy to almost all people to qualify.  A significant part of the practice of Kevin Staker involves planning to qualify for Medi-Cal to pay for nursing home care.  The google site is a good introduction.

By Kevin Staker