There are many rumors about Medi-Cal eligibility for nursing home long term care benefits. This look back concept has different meanings. Do not believe what a social worker or nursing home employee may tell you! Call an elder law attorney to know what your rights as a California resident is regarding Medi-CAL Qualifications!
The LOOK BACK 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 without purchasing things for fair market value. 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.
The residence can be protected from recovery, but is not part of available assets that must be under $2,000 for the Medi-CAL applicant. However, additional pieces of real estate (vacant land or land with structures on it) are considered part of the 5 year look back. As a highly experienced California Elder Law firm, LA Law Center can help you transfer the real estate with multiply grant deeds into an Irrevocable Trust and reduce or eliminate the 5 year penalty period for Medi-CAL qualifications. We need to know assessed value of property and when you need Medi-Cal to help with nursing home care payments. Within a short meeting we can determine the time it will take and the legal fees involved.
Cash, stocks and other investments have a 30 month look back for gifting. LA Law Center Elder Law Attorneys can also help transfer these assets into the Irrevocable Trust, allowing for Medi-Cal approval and not have to wait 30 months.
Currently our elder law attorney and staff help families in transferring assets so they go under these two look back periods and qualify for Medi-Cal much sooner. However, if California adopt the DRA, we will not be able to move as much in asset to help families qualify for Medi- CAL. So if you think you may need long term care in the next 5 years, we suggest that you call us for a free consultation to see what your options are.
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.
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. his 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 .
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