Tag Archives: Medi-Cal

Medi-Cal Planning Attorney Judd Matsunaga and Asset Protection

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One of the most common questions posed to Medi-Cal Planning Attorney Judd Matsunaga is, “What can we do to protect our family assets and still qualify for Medi-Cal?”

Under Medi-Cal rules, the spouse who needs care is allowed to keep only $2,000.  In compliance with these rules, Medi-Cal plans commonly involve the transfer of assets out of community or joint tenancy accounts and into separate accounts in the name of the spouse who is well.  Any additional resources in excess of $2,000 for an individual, or $109,560 for a married couple,  may be spent down by purchasing exempt or unavailable assets.

The family home can be transferred to anyone, not just a spouse, as long as it is an exempt asset at the time of transfer.  This transfer requires a step-transaction to avoid having the new owners pay unnecessary taxes along and capital gains. The step-transaction documentation should be handled by a qualified Medi-Cal Planning attorney like Judd Matsunaga of Elder Law Services of California.  Additionally, Elder Law Services can assist in the transfer of income (i.e. pension or retirement benefits) to the  spouse who is well.

Adult Day Care Centers Worth the Cost

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The fragile elderly are caught in California’s budget squeeze.

Adult day health care allows older people whose health would send them to skilled nursing homes, to remain at home while still receiving care.

But the service is threatened by the uncertainties of the state’s budget situation.

Elderday is Santa Cruz County’s adult day health center, operated under the auspices of Salud Para La Gente, a federally qualified, Watsonville-based health care provider. Elderday serves 143 people with an average age of 76; about 85 are there daily. Statewide, 37,000 elderly people are served in ADHCs.

The programs have been part of the state’s Medi-Cal system, but Gov. Jerry Brown earlier this year wanted to end this reimbursement, and transition patients to more narrowly targeted home-based care services. While Brown wanted to provide $25 million in state funding to ease the transition for patients, advocates for seniors say there are no home-based programs that can replace the adult day centers, which not only provide health care services and physical therapy but also give patients a chance to share meals and socialize.

Salud has been getting about $76 a day for each client served by Elderday, with the state providing about half that through Medi-Cal.

Currently there are two proposals on the table that could help keep adult day care at least partially funded. Assembly Bill 96, by Van Nuys Democratic Assemblyman Bob Blumenfield, would authorize the state to submit a waiver application to the federal government that would reconfigure adult day centers into similar home-based programs and would allow the state to match federal funds dollar-for-dollar to provide the funding. Blumenfield’s bill was passed earlier this month by the Assembly and has gone to the governor.

An additional proposal would provide $85 million in the budget to keep the infrastructure of adult day health care in place. Unfortunately, this amount would only be about half what the day centers received last year, but it would allow some to stay open, even if the program is restructured.

Staying open is an increasingly urgent need.

At least seven day centers have already closed in the state, or have announced they will close because of the reduced Medi-Cal payments and ongoing budget murkiness.

While cutting spending in California is a budget priority, adult day health care not only provides vital services to our frail elderly, but is cost-effective, since the daily cost is far below what it costs to keep a patient in a nursing home or hospital.

What needs to happen so that we don’t abandon seniors served by adult day centers? The governor needs to commit to the transition waiver. This will allow at least a portion of the program to continue.

And the state needs to adopt a budget so caregivers are no longer having to close down vital programs — and so families won’t have to wonder what will happen with care for their loved ones.

Judd Matsunaga of Elder Law Services is a qualified attorney who has helped hundreds of California residents with Medi-Cal Planning.  Mr. Matsunaga can be reached for a free consultation by calling 1-800 403-6078.

Judd Matsunaga Answers “What Is Medi-Cal Planning?”

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Medi-Cal Planning is about asset preservation. The high costs of nursing home care have been the cause of many middle-income families losing their homes and life savings. With Medi-Cal planning, those families could have preserved their major assets and could have had their nursing home bills paid for by Medi-Cal.
Medi-Cal is California’s Medicaid health care payment program. It is funded jointly by the state and federal governments. Medi-Cal is designed to pay for the medical care of those California residents who have very limited income or resources. However, with some planning, people in the middle-income tax brackets can qualify as well. Medi-Cal planning is complicated and often times the rules are updated each year. There are many rules governing which assets a person can keep, which assets can be transferred and to whom, and how much can be transferred at one time. If Medi-Cal Planning is done incorrectly, then it could lead to a period of ineligibility or disqualification. Elder Law Services of California has expert elder law attorneys available to provide you with a free consultation if you or a family member are considering applying for Medi-Cal.
The expert elder law attorneys at Elder Law Services of California can help you through the application process and design a plan for you that will preserve the maximum amount of your assets and income. Some accountants and financial planners will attempt to provide the same services for their clients. However, they may not know the intricacies of this area of law and are not authorized to give legal advice. Call attorney Judd Matsunaga today at 1-800 403-6078 for a free consultation.

Important Medi-Cal Facts

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Judd Matsunaga’s emphasis is on Medi-Cal planning and preservation of assets, revocable living trusts, special needs trusts, powers of attorney and medical directives.

Because of the increasing costs of skilled nursing care, Judd provides expert legal advice on how to qualifiy for Medi-Cal by using legal strategies to preserve assets through transfers, gifting and conversion. Judd Matsunaga prepares all of the necessary legal documents to accomplish qualification and preservation.

Judd Matsunaga provides comprehensive Medi-Cal Planning and Estate Planning services which provide you the opportunity to state your personal desires for health care and the handling of your financial affairs during your lifetime and to direct to whom your assets will be distributed upon your death. These services include the preparation of revocable living trusts to avoid probate, estate tax avoidance trusts, irrevocable trusts, wills, powers of attorney for financial affairs, medical directives, special needs trusts for disabled children or adults, and all the related documents required to ensure that your wishes and needs and taken care of.

Judd Matsunaga of Elder Law Services of California explains Medi-Cal

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Judd Matsunaga of Elder Law Services of California explains that Medi-Cal is the state of California’s version of the federal Medicaid program that provides additional health insurance for qualified individuals who are 65 years of age, blind or disabled.  Medi-Cal is particularly helpful for individuals who are residing in a skilled nursing home that have exhausted their Medicare skilled nursing home coverage.  While Medicare may cover the first 20 days of skilled nursing home expenses, coverage for days 21 through 100 requires a co-payment of $128.00 per day and is only available if the patient continues to show improvement in his or her condition.  On the other hand, Medi-Cal will continue to pay for skilled nursing home expenses indefinitely, regardless of whether or not the patient continues to show improvement.

Unfortunately, many people are misinformed about the eligibility criteria Medi-Cal uses to determine
eligibility.  Such misinformation is likely due to the constantly changing and complicated Medi-Cal rules and regulations.  Despite what you might have heard, you do not have to be poor in order to qualify for Medi-Cal benefits.  With the guidance of an experienced, knowledgeable elder law attorney like Judd Matsunaga, it is legal to implement various planning strategies in order to qualify for Medi-Cal benefits.

Elder Law Services of California is experienced in developing and implementing various Medi-Cal planning strategies to quickly qualify an individual for Medi-Cal benefits and to minimize or completely eliminate any state recovery for benefits received.  Medi-Cal planning is one the firm’s specialties and the firm takes great pride in developing and presenting a choice of sound planning options for their clients which are tailored to their individual circumstances.