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Can Medi-Cal take your home, and can a will prevent that from happening?

On Behalf of | Feb 11, 2024 | Medi-Cal and Long Term Care Planning

Medicaid is a need-based government insurance program. Some funding and regulations come from the federal government, but the programs operate on a state-by-state basis. The California Medicaid program, Medi-Cal, provides health insurance coverage for vulnerable people in a host of different circumstances.

Retired and financially vulnerable older adults often apply for Medi-Cal when they pay for long-term care. While adults typically have Medicare coverage for basic expenses, Medi-Cal coverage may be the only way for someone to pay for in-home nursing services or a room in a nursing home.

Does an applicant requesting medical coverage need to worry about the program laying claim to their home in the future?

Homeownership could be at risk after someone dies

The value of someone’s primary residence could be their single biggest personal asset. Many older adults breathe a sigh of relief when they learn that their home equity will no longer be considered when determining eligibility for benefits after the Medic-Cal updates to asset limits in January of 2024.

The state also no longer looks at other countable assets, such as what funds they have in a bank account. Those applying for Medi-Cal will no longer be asked to provide information about their assets, though income and income from assets will still be considered.

Federal Medicaid rules require that every state attempt to recoup long-term care benefits after recipients die. Medi-Cal therefore has an estate recovery program that is still in place and seeks to intercept someone’s assets in probate court. Resources that belong to someone’s estate, including the home where they lived, are at risk of liquidation after their death to repay medical benefits that they received during their life.

Even if the person who needed coverage specifically planned to leave their home to family members and included clear terms describing that wish in a will, the Medi-Cal estate recovery program could still intercept the home and prevent their family members from assuming ownership over the property.

Those who believe that they might eventually need Medi-Cal benefits as they age may benefit from planning carefully. Long-term care planning could include efforts at asset protection, such as transferring one’s residence to a trust. There could be other strategies as well that could help preserve the equity in someone’s home after their death if they receive Medi-Cal coverage. Ultimately, understanding benefit repayment rules may help California adults better prepare for the possibility that they could require long-term care coverage as they age.

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