Can Medi-Cal bills take your house?

Asked by: Alysson King  |  Last update: April 7, 2025
Score: 4.8/5 (28 votes)

If the deceased individual owned a home, the state doesn't put a lien on the property or take it away. However, they will send an "estate recovery claim" to the heirs or survivors, requesting payment equivalent to the amount of Medi-Cal benefits paid on behalf of the deceased.

Can Medi-Cal take your house?

The State of California does not take away anyone's home per se. Your home can, however, be subject to an estate claim after your death. For example, your home may be an exempt asset while you are alive, and not counted for Medi-Cal eligibility purposes.

Can you lose your house for not paying Medi-Cal bills?

It does happen. A creditor can seize someone's house because of medical debt. If the debt ends up in court a judge may place a lien on a house that needs to be paid off before a homeowner can refinance or sell the home. Medical debt is one of many reasons that people want medical insurance for all.

What happens to your house when you go on Medicaid?

Medicaid does not count your home is an asset, so long as it is YOUR primary residence (you live in it 24/7). The only time Medicaid may interfere with your home is if you need long-term care. If you do, in some states, Medicaid may keep your home when you pass away to sell in order to recoup some of your care costs.

How do I protect my assets from Medi-Cal?

Proper elder law Medi-Cal planning is having all assets held in a decedent's revocable living trust to avoid both probate and Medi-Cal recovery. It is very important to plan for your loved ones by having a revocable living trust.

Can A Hospital Take Your House For Unpaid Medical Bills? - CountyOffice.org

45 related questions found

Does a house count as an asset for Medi-Cal?

➢ Do assets affect my eligibility? Starting on January 1, 2024, assets, such as bank accounts, cash, a second vehicle, and homes, will no longer be counted when determining Medi-Cal eligibility. Income and income from assets, such as income from property, will continue to be counted.

Can Medi-Cal bills seize assets?

One way that the hospital or doctor now can legally take action against you after they win a judgement would be to seize some of your assets. This means that the creditor can file a lien against your home.

How can I avoid losing my home to Medicaid?

Medicaid cannot take one's home if they live in it and their home equity interest is under a specified value. In other words, the home is exempt; it is not counted towards Medicaid's asset limit of $2,000 (in most states). Home equity is the home's value after subtracting any debt against it.

Do I have to repay Medi-Cal?

The Medi-Cal Estate Recovery program must seek repayment from the estates of certain Medi-Cal members after they die. Repayment only applies to benefits received by these members on or after their 55th birthday and who own assets at the time of death.

What is it called when Medicaid takes your house?

To compensate for multi-billion dollar Medicaid expenses, the federal government established the Medicaid Estate Recovery Program (MERP). This program requires states to recoup Medicaid payments made to benefit recipients 55 years and older. This also includes payments for assisted living.

Can you be forced to sell your home to pay medical bills?

Most states require creditors to get a court order before placing a lien on a home. Foreclosure or forced sale: A creditor can repossess and sell a patient's home to pay off their medical debt. Often, creditors are required to obtain a court order to do so.

How do you escape medical bills?

5 Useful Tips to Help You Erase Medical Debt
  1. 1) Negotiate a Lower Amount or Set Up a Payment Plan. You may be able to negotiate a reduction in the amount of your medical bills. ...
  2. 2) Hire a Medical Bill Advocate. ...
  3. 3) Apply for Charity Care. ...
  4. 4) Try Crowdfunding. ...
  5. 5) Declaring Bankruptcy: The Last Card to Play.

Can I sell my house while on Medi-Cal?

You can move out of the home, rent it, or sell it, all without affecting your spouse's Medi-Cal eligibility. However, there is an important timing issue here. For eligibility purposes, as an at-home spouse, you are only allowed to keep up to $137,400 in non-exempt assets (for 2022).

Can your house be taken away for Medi-Cal bills?

A creditor can't seize someone's house because of unpaid medical debt, but that doesn't mean your house isn't in jeopardy if the debt is large enough. If the debt ends up in court, a judge may place a lien on your house, which has to be paid before a homeowner can refinance or sell the home.

How do I avoid Medi-Cal estate recovery?

The State of California is prohibited from the recovery of any Medi-Cal expenses used if there is a surviving spouse until the surviving spouse passes away. Also, if there is a minor child under the age of 21 or a blind child, or a disabled child, then the State is prohibited from any Medi-Cal recovery.

Can you sell your house if you are on Medicaid?

Note: California stands apart from the other states. CA eliminated their Medicaid (Medi-Cal) asset limit effective 1/1/24. Medi-Cal applicants and beneficiaries can have unlimited assets and still be eligible for Medi-Cal. They could sell their home and it have no impact on their eligibility.

What happens if you can't pay medical bills in California?

Once medical bills enter collections, they are often reported to consumer credit reporting companies. Medical debt collections on a credit report can impact your ability to buy or rent a home, raise the price you pay for a car or insurance, and make it more difficult to find a job.

Can Medi-Cal take your house if it is in a trust?

Irrevocable House Trusts Work

The primary advantage of this arrangement is that the property is no longer considered part of the homeowner's estate; therefore, it cannot be claimed for estate recovery purposes upon their death. This protects the home from being used to repay Medi-Cal benefits posthumously.

What happens if you lie to Medi-Cal?

And the felony penalties for this form of Medi-Cal fraud include: Felony probation; Two (2), three (3) or five (5) years in county jail; and/or. A fine of up to fifty thousand dollars ($50,000) or double the amount of the fraud, whichever is greater.

Will Medicare take my house if I go into a nursing home?

The “government” never takes your assets to pay for your nursing home care costs. Nor will a “nursing home” ever seize your assets to pay for its bills.

Can Medi-Cal take my inheritance?

Estate Lawyer: Christopher B, Esq. Receiving an inheritance may impact eligibility for Medi-Cal benefits. As a recipient of government benefits, you may not have more than $2,000 in assets before your eligibility for government benefits will be affected. To avoid this from happening is to disclaim your inheritance.

Will I lose my Medicaid if I inherit a house?

California stands apart from the other states. In CA, Medicaid (Medi-Cal) recipients can gift inheritance, which is considered “income”, the month in which it is received. Furthermore, Medi-Cal recipients have no asset limit, and therefore, can have unlimited assets and still be eligible for long-term care benefits.

How to hide assets from Medi-Cal bills?

Three primary instruments can be particularly effective: trusts, Health Savings Accounts (HSAs), and insurance.
  1. Trusts. Trusts are legal structures that allow you to transfer assets into a trustee's care for the benefit of designated beneficiaries. ...
  2. Health Savings Accounts (HSAs) ...
  3. Insurance.

Can Medi-Cal ask for money back?

Involuntary Provider Reimbursement/Recoupment: If the provider does not voluntarily agree to reimburse the entire payment you made for a service that should have been covered by Medi-Cal. In this case, the payment of the entire expense you paid for that service will be recovered/recouped from the provider by Medi-Cal.

What are the assets allowed for Medi-Cal?

For new Medi-Cal applications only, current asset limits are $130,000 for one person and $65,000 for each additional household member, up to 10. Starting on January 1, 2024, Medi-Cal applications will no longer ask for asset information. » I was not eligible in the past. With these changes, could I be now?