Former Governor Jerry Brown signed a bill on June 27 that limits California’s ability to seize assets from the estates of low-income residents between the ages of 55 and 64.
Senator Ed Hernandez, who introduced the legislation in early 2014 said that “It is a huge victory that this year’s budget limits estate recovery so that people with modest family homes can pass them on to their children”.
Beginning January 1, 2017, the new law provides protection for low-income residents enrolled in Medi-Cal, following the federal guidelines adopted by many other states.
Specifically, it states:
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California can only the recover the cost of long-term care and related costs after the Medi-Cal enrollee dies.
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Medi-Cal services other than long-term care are no longer eligible for estate recovery.
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The assets of deceased Medi-Cal members who are survived by a spouse or registered domestic partner are protected from estate recovery.
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If the Medi-Cal member owns a home worth less than 50 percent of the fair market value in the same county a “hardship” exemption will apply, allowing the home to be passed on to surviving children after the member dies.
If you have questions about Medi-Cal Planning and Long Term Care, call our Walnut Creek Elder Law and Medi-Cal Attorneys for your consultation at 925-322-1795.