What is asset protection under Medi-Cal?

How do I avoid Medi-Cal Estate Recovery in California?

Exemptions/Waivers

The Department of Health Care Services (DHCS) may waive its claim if payment of the claim would cause a substantial hardship. Any request for a substantial hardship waiver must be submitted to DHCS within 60 days of the date on the DHCS Estate Recovery claim letter.

Does Medi-Cal put a lien on your house?

It turns out if you're in a long-term Nursing Care Facility at any Age Medi-Cal will submit a claim against your estate for all that they expended on your care. Medi-Cal may place a lean on your home if there aren't sufficient assets in the estate to pay them back.

Can you own a home and qualify for Medi-Cal in California?

Principal residence. Property used as a home is exempt (not counted in determining eligibility for Medi-Cal).

Does Medi-Cal keep your house?

Can the State Take My Home If I Go on Medi-Cal? 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.

What will disqualify you from Medi-Cal?

The Medi-Cal program determines eligibility for benefits on a “means” tested basis. If a Medi-Cal applicant's property/assets are over the Medi-Cal property limit, the applicant will not be eligible for Medi-Cal unless they lower their property/assets according to the program rules.

Does 401k count as asset for Medi-Cal?

You meet assets requirements for Medi-Cal. This Medi-Cal program exempts all Internal Revenue Service (IRS) approved retirement accounts, such as employer sponsored 401k, 403b accounts, or individual retirement accounts (IRAs) authorized in the IRS codes.

What income disqualifies you from Medi-Cal?

Adults qualify for Medi-Cal with a household income of less than 138% of FPL. However, according to the Covered California income guide, children who enroll on Obama Care California plans may qualify for Medi-Cal when the family has a household income of 266% or less.

What are the disadvantages of a Medicaid asset protection trust?

How does asset protection trust work?

An asset protection trust (APT) is a trust vehicle that holds an individual's assets with the purpose of shielding them from creditors. Asset protection trusts offer the strongest protection you can find from creditors, lawsuits, or any judgments against your estate.

Does California have an asset protection trust?

Although it is not possible under California law to establish an asset protection trust for one's own benefit with one's own assets, there are several California laws that allow the creation asset protection trusts for the benefit of third parties such as children or other loved ones.

How much money can you have to qualify for Medi-Cal in California?

Most single individuals will qualify for Medi-Cal if there income is under $1,676 per month. Most couples will qualify if their income is under $2,267 per month. If you have disabilities, your income can be slightly higher. You can qualify for Medi-Cal even if you have assets.

What is the monthly income limit for Medi-Cal in California?

The number you get is the amount of monthly income that is counted for the A&D FPL program. If it is less than $1,677 for individuals or $2,268 for a couple, then you qualify for free, full scope Medi-Cal based on A&D FPL rules.

What is the asset limit for Medi-Cal 2024?

Phase I, to be implemented July 1, 2022, will increase the asset limit to $130,000 per individual, and $65,000 for each additional household member. Phase II, to be implemented no sooner than January 1, 2024, will eliminate the asset test entirely.

Does Medi-Cal cover funeral costs?

Medi-Cal will not pay for funeral or cremation costs. Information on how to qualify for Medi-Cal assistance and on estate recovery can be found at www.dhcs.ca.gov or 916-636-1980.

How do I avoid probate in California?

One way to avoid probate in California is to use a living trust. A living trust is a legal document that allows you to transfer ownership of your assets to another person. This means that your assets will not go through probate when you die.

Will I lose my Medi-Cal if I get an inheritance?

When you receive an inheritance of money, property, or real estate, the proceeds can impact your eligibility for certain Medi-Cal programs and the Covered California subsidy. The best course of action is to always report the inheritance and let either Medi-Cal or Covered California determine the effects.

What only goes through probate for Medi-Cal?

Repayment will be limited to the value of the assets in the deceased member's estate subject to probate. The Department will not recover the value of a deceased Medi-Cal member's property if it transfers to a different owner by survivorship, by trust, or by payment or transfer on death of the deceased Medi-Cal member.

How do I protect my assets from judgments in California?