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MediCare & Medi-Cal PLANNING

Medicare

Medicare is a federal insurance program paid out of Social Security deductions. All persons 65 or older who have made Social Security contributions are entitled to retirement benefits. Certain people younger than age 65 can also qualify for Medicare, including those with disabilities and permanent kidney failure.

Medicare has several parts, including Hospital Insurance (Part A) and Medical Insurance (Part B). Financial need is not a base for Medicare. Anyone who meets the age, disability and/or coverage requirements is eligible. Medicare does not pay for all medical expenses and is usually supplemented with private insurance. After three days of prior hospitalization, Medicare will pay up to 100% for the first 20 days of skilled nursing care. For the 21-100 days, the patient will pay a co-payment. The premiums and co-payments increase every year. There will be no Medicare coverage for nursing home care beyond 100 days in any single benefit period.

Medicare only pays for “skilled nursing care” and does not pay for “custodial care,” and the average stay in a nursing home under Medicare is usually less than 24 days. Thus, few can look to Medicare to pay for substantial long-term care costs.

Medi-Cal

Medi-Cal is a combined federal and California State program funded jointly by the state and federal governments. The purpose of the program is to help pay for medical care for low-income people and others with limited resources and high medical bills. Many times, Medi-Cal recipients also receive Medicare. However, the programs are not related.

To be eligible for Medi-Cal benefits, you must be 65 years or older, blind or disabled, receiving SSI, or meeting the resource limits.

Effective July 1, 2022, the resource limits were increased to $130,000 for an individual and $195,000 for a married couple. There is usually a share of the cost (deductible) that the program recipients must pay. The cost percentage differs for everyone, based on the person’s monthly income.

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Medi-Cal Recovery

Thanks to SB 33 and SB 833, Medi-Cal Recovery was severely restricted for those who died after January 1, 2017.

The State of California is prohibited from recovering if:

  • There are surviving spouses or registered domestic partners; even if the Medi-Cal spouse died before January 1, 2017
  • There is a surviving minor (under the age of 21)
  • Any benefits received before turning 55 years of age
  • There are no Probate Proceedings after the recipient’s death.
  • The best way to avoid recovery is to create a Trust!
Our California attorneys take satisfaction in delivering accurate results for you. We assist you in legal representation, provide exceptional legal work and outstanding client service, and bring you the expected results. We can advise you on all your Medicare & Medi-Cal needs.

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