Can Health Care Take My Home?

by | Last updated on January 24, 2024

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You can receive your Medi-Cal benefits and still keep the State of California from taking your home after you die . This is a form of Medi-Cal asset protection trust that I handle in my law practice.

How much assets can you have to qualify for Medi-Cal?

To find out if you qualify for one of Medi-Cal's programs, look at your countable asset levels. You may have up to $2,000 in assets as an individual or $3,000 in assets as a couple . As of July 1, 2022 the asset limit for some Medi-Cal programs will go up to $130,000 for an individual and $195,000 for a couple.

How do I protect my home from Medi-Cal?

Can Medi-Cal take my inheritance?

As an initial matter, you are correct that your inheritance may affect your eligibility for SSI/SSDI and/or Medi- Cal/Medicare . 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.

Does Medi-Cal check your bank account?

Because of this look back period, the agency that governs the state's Medicaid program will ask for financial statements (checking, savings, IRA, etc.) for 60-months immediately preceeding to one's application date .

Will I lose my Medi-Cal if I sell my house?

You can move out of the home, rent it, or sell it, all without affecting your spouse's Medi-Cal eligibility .

Do I have to pay back Medi-Cal?

The Medi-Cal program must seek repayment from the estates of certain deceased Medi-Cal members . Repayment only applies to benefits received by these members on or after their 55th birthday and who own assets at the time of death. If a deceased member owns nothing when they die, nothing will be owed.

How do I avoid Medi-Cal estate recovery?

How Do I Avoid the Estate Claim and Medi-Cal Recovery? The best and only way to avoid an estate claim is by leaving nothing in the estate .

Do you have to repay Medi-Cal after your income increases?

Many of these people fear they will have to repay Medi-Cal for the months they were really ineligible for the no cost health . Do you have to repay Medi-Cal after your income increases and you were no longer eligible? The short answer is usually not .

What is the monthly income limit for Medi-Cal?

To qualify for free Medi-Cal coverage, you need to earn less than 138% of the poverty level, based on the number of people who live in your home. The income limits based on household size are: One person: $17,609 . Two people: $23,792 .

What income is not counted for Medi-Cal?

Income-based Medi-Cal counts most types of earned and unearned income you have. However, some income is not counted, including Supplemental Security Income (SSI) benefits and some contributions to retirement accounts .

What is the income limit for Medi-Cal 2022 in California?

For 2 adults, monthly MAGI Medi-Cal for 2022 increased to $2,106, from $2004 in 2021. The annual income for 2 adults to remain eligible for MAGI Medi-Cal means they will have to have a household income under $25,268 . The 2021 annual income amount for 2 adults was $24,040.

What is the look back period for Medi-Cal in California?

We are thrilled that as of July 1 2022, the asset limit will be $130,000, essentially eliminating it for most people, and will be completely eliminated no sooner than January 1, 2024 .

Does Ahcccs look at your bank account?

In short, AHCCCS is using this system to review the last 5 years (60 months) of financial records of ALTCS applicants. The challenge is that the report, which AHCCCS will not give you, does not accurately identify individual deposits and withdrawals by date and specific amount .

How can I hide money from Medicaid?

  1. Asset protection trust. Asset protection trusts are set up to protect your wealth. ...
  2. Income trusts. When you apply for Medicaid, there is a strict limit on your income. ...
  3. Promissory notes and private annuities. ...
  4. Caregiver Agreement. ...
  5. Spousal transfers.

Can Medi-Cal take my 401k?

When it comes to your IRA and how it is treated, Medi-Cal will count your IRA or 401k as an available source of funds to pay for your care, unless it is in payout status . “Payout status” means that you are taking at least the required distribution out of your plan on a monthly basis.

What assets are exempt from Medicare?

Other exempt assets include pre-paid burial and funeral expenses, an automobile, term life insurance, life insurance policies with a combined cash value limited to $1,500, household furnishings / appliances, and personal items, such as clothing and engagement / wedding rings.

Does Covered California look at assets?

Answer: Assets do not count , only income. That would include any income that contributes to your adjusted gross income (AGI), like income from real estate or securities.

What is the maximum income to qualify for Medi-Cal 2021?

Adults are eligible for Medi-Cal if their monthly income is 138 percent or less of the FPL. For dependents under the age of 19, a household income of 266 percent or less makes them eligible for Medi-Cal. A single adult can earn up to $17,775 in 2021 and still qualify for Medi-Cal.

Does Medi-Cal pay for funeral?

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.

Ahmed Ali
Author
Ahmed Ali
Ahmed Ali is a financial analyst with over 15 years of experience in the finance industry. He has worked for major banks and investment firms, and has a wealth of knowledge on investing, real estate, and tax planning. Ahmed is also an advocate for financial literacy and education.