Burbank Elder Law Attorney
“Failing to plan is planning to FAIL.” - Ben Franklin
What is the Medi-CAL 5 Year Look Back?
Medi-CAL has many rumors about eligibility for nursing home long term care benefits. LA LAW Center Elder law attorney and staff are passionate about making sure everyone truly understands the laws in California and what their risks are if a family member may need skilled nursing care in the next five years. This 5 year look back concept has different meanings. This is an quick overview. We recommend you call us for a free consultation to ensure you exactly understand your family situation and how you can qualify for Medi-CAL benefits without going broke first! We help families qualify for Medi-CAL and put assets into a Medi-CAL Asset Protection Irrevocable Trust for immediate eligibility.
To date we have 100% success
in helping families in this process!
Our average family that we help qualify for Medi-CAL long term care has a home and over $300,000.
Medicaid and Medi-Cal: Medi-Cal is Medicaid in California, and the rules are different state to state. Medi-CAL is a joint federal/state program. Both the state and the federal government contribute to the Medi-CAL budgets. So each state has its own eligibility and recovery rules. If California wants the federal government to pay more into this program they will have to change current rules and adopt the DRA.
DRA (Deficit Reduction Act): In 2005 the “Deficit Reduction Act” (DRA) was passed in Congress. In order to get more Federal funding of the Medicaid programs, the individual states had to change their Medicaid laws and part of this was to make a 5 year look back period with basically not gifting to meet Medicaid asset limits. California is the only state has not adopted the DRA.
This means that until California adopts the DRA, families can gift assets in advance of needing Medi-CAL Nursing home benefits. We are not sure when this may happen, but LA LAW recommends you talk to us about your asset protection options! Act sooner than later to save family assets!!
Look Back Period – Penalty Period: This is the period of time from the date of the application backwards that the Medi-Cal workers examine the applicant’s bank account records to uncover gifts that were made. Currently in California cash or liquid assets have a 30 month look back and real estate (other than the residence, which is an exempt asset for eligibility) has a 5 year look back.
LA LAW attorney and staff helps families gift assets so they go under these two look back periods. However, if California adopt the DRA, we will not be able to move as much in asset to help families qualify for Medi- CAL.
We help reduce or eliminate the penalty period with current California laws.
This means if you think you may need Medi-CAL assistance with nursing home care or have a loved one who is starting to fail in health, you should be calling LA LAW Elderly Care Attorneys and Medi-CAL specialists today for a complimentary Medi-Cal eligibility assessment at (818) 241-4238
Please contact our office for a free initial consultation with Joseph McHugh, a California Elder Law Attorney or our Medi-CAL expert. After a thorough review of the best strategies for your family situation and our fees for the scope of work, we will structure a comprehensive asset reallocation plan created specifically to give you (or your loved one) the quickest avenue to qualify for Medi-CAL possible, while protecting your family assets.
Our Elder Law Firm is located in Burbank in the heart of Southern California; however, our Elder Law Lawyers serve many clients throughout the state and love an occasional road trip to help our clients, their family and friends.
We are very proud of the many personal and professional referrals we receive from happy clients and colleagues. Please contact our office today to schedule a free 30 minute consultation.
Take advantage of a free phone consultation or appointment for a free 30 minute consultation to review your individual situation and determine if you would benefit from our experience and legal services.
Call us at: (818) 241-4238