Medi-Cal Estate Recovery Update


The State of California made changes to its Medi-Cal Estate Recovery Laws effective January 1, 2017.

The current rules are not easy to find as they are in the current recovery regulations (as modified by SB 833), and approved by the Centers for Medicare and Medicaid Services.

For your reference, the California Advocates of Nursing Home Reform has a helpful "Fact Sheet" summarizing the current rules:

http://canhr.org/factsheets/medi-cal_fs/PDFs/FS_MediCal_recovery_FAQ_die_after_20170101.pdf

The most notable changes effective as of January 1, 2017 are: (1) the Estate Recovery is now limited to assets passing through probate, (2) there is no recovery if the Medi-Cal recipient is survived by a spouse, and (3) a hardship waiver may be requested where the estate property is a home of modest value.

I hope you find this information helpful.


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Ratner & Pinchman, PC serves clients in Southern California, including San Diego County, Orange County, Riverside County and the cities of Chula Vista, Coronado, Del Mar, El Cajon, Encinitas (Cardiff-by-the-Sea, Leucadia, Olivenhain), Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, and Vista.  We are San Diego Elder Law and Medi-Cal Planning Attorneys.