New Law on Medi-Cal Recovery – Clarified

I read your helpful links carefully. I read them VERY CAREFULLY. I STILL run into the medical estate recovery situation, even after it was changed to hide that it still continues to leave out most people in my age group.

***Let’s read the law 2 more times and when we think we understand it, we’ll read it again. Justice Felix Frankfurther.    It’s also helpful to click on the links for explanations that show on our “law & introduction page

Simple Explanation CA HealthLine 12.23.2016

(4) “Health care services” means only those services required to be recovered under Section 1396p(b)(1)(B)(i) of Title 42 of the United States Code.
(B) In the case of an individual who was 55 years of age or older when the individual received such medical assistance, the State shall seek adjustment or recovery from the individual’s estate, but only for medical assistance consisting of—
(i) nursing facility services, home and community-based services, and related hospital and prescription drug services, or
(ii) at the option of the State, any items or services under the State plan (but not including medical assistance for medicare cost-sharing or for benefits described in section 1396a(a)(10)(E) of this title).


The only asset I have is my home. It is the only asset I have built (literally, by hand, to the point of breaking two ribs working on the construction site while pregnant) over the last 30+ year of my life. I don’t have a disabled child or meet the “home worth 50% less than the homes in my area” test. The only equitable situation would be for the state to follow its own laws and not create government programs that discriminate on the basis of age. I’m sorry if this sounds like a rant, is not your problem and there is nothing you can do about the regulations as they now stand.

***I can read and read and try and simply them for my clients and the people of the state of California.

I am not on disability and I don’t collect one thin dime from the state. I have a life-threatening medical condition but I will literally choose to stay home and die rather than hand all I own to the state as punishment for seeking health care. If I can avoid medical care until I am 65, the state fails to become my heir.

I cannot die in peace knowing the state would take the only inheritance I could muster for my children during my entire life.

***See the definition of health care services above

Because of my age, the state has specially selected people in my decade of age to be treated differently when it comes to health care and estate recovery rules. Obama-Care is theft-care which targets people on the verge of retirement and their heirs.

If I were under 55 or over 65, I could consider medi-cal and would have applied last year, when my income took a nose-dive, but I held off. The old ANDNEW” rules STILL discriminate against me until I am 65.

***See definition above

I don’t qualify for medi-cal

***How do you know, if you haven’t applied for Medi-Cal or Covered CA Subsidies?

and I do have acceptable proof of income.

***Please send that in a private email so we can get your application going.

MAGI – Modified Adjusted Gross Income Definition

Income Chart showing program eligibility

Complementary Quotes, Benefits and Subsidy Calculations

I am sorry to have troubled you. I have current profit and loss statements,

***Please send them in a private email

but I had a decline in income last year to the point of not needing to file with the IRS for 2015.

***So when did your income increase so that we can get a special enrollment period?

If all of this is too demanding for too little pay,

***It’s a learning and web site building experience.

I truly understand your situation and I can seek help elsewhere.

***If you find anyone out there and has something on their website that is helpful that I don’t have, please put that information in the Questions – Comments Section below.


2 comments on “Clarification of New Law – No Estate Recovery for Health Coverage – Web Visitor Q & A

  1. Mom is in long term care, and probably, 2 yrs. And counting.

    She owns a mobile home,in a park. She is now 85.

    Is the mobile home an asset they can take.

    • Estate assets subject to recovery are listed here

      (4)For purposes of this subsection, the term “estate”, with respect to a deceased individual—
      (A)shall include all real and personal property and other assets included within the individual’s estate, as defined for purposes of State probate law; and

      See our main page on Estate Recovery

      While it looks to me like your Mom’s mobile home would be subject to recovery, we are not attorneys, there are exceptions and we’ve only read the law one time and Justice Frankfurter said you have to read the law three times, then my one year of law school teacher said, when you think you understand it, read it again.

      For yourself, you might consider a long term care policy.

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