The California version of Medicaid, called Medi-Cal, will mandate the enrollment of about 400,000 of its patients in a state-sponsored managed-care plan over the next year.
The plan, designed to help the state cope with rising Medicaid costs, will effect Medi-Cal patients in San Francisco and fifteen other counties. California obtained a waiver from the U.S. Department of Health and Human Services in November 2010 to make the move, which local officials say will save the state approximately $365 million a year.
Other States Consider Managed Care
John Graham, director of health care policy studies at the Pacific Research Institute, said managed care in Medicaid is one method states are considering in order to save costs while increasing access.
“It’s a good idea. Traditional Medicaid fee for service is ineffective, because rates are too low, and the government bureaucrats—federal, state, and county—are not capable of determining the correct price or fee to pay for service,” Graham said. “So we are seeing decreasing access to doctors and medical services for Medicaid recipients.”
Graham says managed care solves some problems within Medicaid, but hardly all of them.
“The advantage to managed care is that the government gets out of price-fixing. Now the devil is in the details, so states are going to have to be sure they have a contract with a managed care provider in a transparent way so that the taxpayers can see who bears what degree of risk in that contract,” Graham said.
Could Improve Care
Managed care could hold promise for improving Medicaid’s outcomes, which lag far behind those of Medicare and private insurance. Research conducted by the American Action Forum’s Michael Ramlet and Carey Laferty found California’s limited experience with managed care in the past decreased hospital admissions for Medicaid enrollees with asthma, and increased the number of diabetics obtaining recommended eye exams over a five-year period.
Graham suggests more consumer-focused solutions could improve these outcomes even further.
“One thing we’re not seeing enough of in Medicaid managed care is consumer-directed care. There are no grounds to say that we should not have a managed care piece for chronically ill people, but you should also have a consumer-directed piece by which the consumer controls some of his own money, and decides how and where to spend that money,” Graham said.
“Medicaid managed care is not a panacea, but if you can get the contract negotiated so the risk-bearing is fair, and if you give some money to the individual, then you can get some leverage,” he added.
By: Loren Heal
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.
Q: What is Medi-Cal Planning?
A: Medi-Cal Planning is the systematic approach of helping you protect your home and preserve your assets while still qualifying for Medi-Cal benefits. Medi-Cal Planning is especially important to married couples who are unable to qualify for long-term care insurance or who are unable to pay the high premiums. Medi-Cal eligibility is determined by formulas based on the amount of income and resources available to the applicant. Medi-Cal planning involves the purchasing, transferring, conversion and/or liquidation of assets to enable you or your loved one to qualify under Medi-Cal’s test of income and resources.
Due to changes in federal laws enacted in 1996, almost anyone can qualify under Medi-Cal’s eligibility tests by working within the complex rules and regulations of Medi-Cal. Depending on the individual’s specific circumstances and objectives, the details of Medi-Cal Planning may be different from one individual to the next.
The Department of Health Services (DHS) also requires that a Medi-Cal applicant sign a declaration stating that they are aware of the possibility of a “Notice of Spend down”.
The rules which govern Medi-Cal eligibility are complex and change each year. Consulting a qualified Elder Law Attorney before transferring assets is the best course of action to avoid an improper transfer which may result in a period of ineligibility for up to 5 years.
Q: Is our property protected against Medi-Cal claims if all our assets are in a Living Trust?
A: No. A Living Trust does not protect you from Medi-Cal claims. Any non-exempt property owned by your living Trust is subject to Medi-Cal eligibility rules and recovery claims.
Q: How can I protect my assets and still qualify for Medi-Cal?
A: Since a married applicant who requires long-term care is only allowed to keep $2,000, most Medi-Cal plans would involve taking his or her name off of all community property accounts and/or transferring his or her separate accounts to the spouse who is ‘well’. Any excess resources above $2,000 for an individual, or $109,560 for a married couple, may be spent down by purchasing exempt or unavailable assets. Your home can be transferred to anyone of your choosing, not just your spouse, as long as it is an exempt asset at the time of transfer. This should be done as a step-transaction to avoid having the new owners pay unnecessary taxes along and capital gains. It is also possible to transfer income (i.e. pension benefits) to the well spouse.
Q: What is a Durable Power of Attorney?
A: The Durable Power of Attorney is the single most important document for Medi-Cal planning. This document will enable your agent to act on your behalf by implementing Medi-Cal strategies should you or your spouse require long-term nursing care.
Q: If I already have Medicare are my nursing home costs covered?
A: No. Medicare will only pay for skilled nursing care, not “custodial” care. Even then, Medicare usually only pays for the first 20 days. From days 21 through 100, you pay the largest portion of the bill, and after that Medicare stops paying all together.
Q: What assets can I keep while still qualifying for Medi-Cal?
A: You are allowed to keep your home, a car, and all exempt and unavailable assets.
Q: Can I transfer my assets to my family members in order to qualify for Medi-Cal?
A: Assets can be protected, but only in a special way. Medi-Cal has strict rules against improper transfers which result in a period of ineligibility of up to 5 years. Medi-Cal conducts a “look back” to different time periods to determine if any improper transfers have been made. Consult an experienced Medi-Cal Planning Attorney before attempting to transfer assets.
Q: Who can assist me in transferring or passing my assets to my heirs?
A: You should contact an Elder Law Attorney who understands the latest complex Medi-Cal rules and who can help you to both protect and preserve assets while still qualifying for Medi-Cal.
Q: Don’t we have to be living at the poverty level to qualify for Medi-Cal reimbursement of nursing home costs?
A: No. It’s a very common misperception that Medi-Cal is only available to low-income applicants. California residents with substantial assets can qualify for Medi-Cal and have their nursing home paid for by the state if they know how.
Q: Will I have to sell our family home to qualify for Medi-Cal?
A: Your family home is exempt for Medi-Cal eligibility purposes. However, it is most important to know that certain steps must be taken to prevent Medi-Cal from asserting an estate recovery claim against your home to later recover the amount of nursing home bills it paid on your (or your spouse’s) behalf.
Elder Law Services of California has an extensive background in Medi-Cal Planning, Estate Planning and Real Estate Law. They routinely assists those in need of creating or updating their wills, trusts, powers of attorney and other estate planning legal documents. The firm actively keeps their website up-to-date with the latest information and free resources pertaining to Medi-Cal Qualification and Medi-Cal Planning.
Los Angeles, California – May 17, 2010 – Governor Arnold Schwarzenegger unveiled plans last Friday to plug California’s budget deficit by slashing billions of dollars worth of funding for services designed to help the state’s poor.
Schwarzenegger’s budget proposals would see spending cuts of 12.4 billion dollars including the elimination of California’s welfare-to-work program and virtually all child care for low income families. However, thousands of California’s elderly currently in long-term care facilities across the State will not be affected.
Attorney Judd Matsunaga of Elder Law Services of California states that there is still a “window of opportunity” for California residents with long-term care needs qualify for Medi-Cal benefits while preserving their assets and protecting the family home.
Elder Law Services of California has an extensive background in Medi-Cal Planning, Estate Planning and Real Estate Law. They routinely assists those in need of creating or updating their wills, trusts, powers of attorney and other estate planning legal documents. The firm actively keeps their website up-to-date with the latest information and free resources pertaining to Medi-Cal Qualification and Medi-Cal Planning.
Media Contact: Robin Montano, 1-800 403-6078, Robin@ElderLawCalifornia.com
RELATED LINKS
http://www.elderlawcalifornia.com
http://www.juddmatsunaga.com
California residents requiring long-term care or other expensive medical care can get help paying for their healthcare by qualifying for Medi-Cal. Through Medi-Cal Planning with Elder Law Services of California, a person will be able to maintain their accustomed quality of life while preserving their assets, including the family home. Judd Matsunaga of www.ElderLawCalifornia.com is available for a free consultation to discuss your needs and and answer questions about Medi-Cal and Asset Preservation. Call Judd at 1-800 403-6078
The interest of your heirs can be protected through the use of wills and trusts which when properly drafted can also help reduce taxes and probate fees. As an experienced estate planning attorney for more than ten years, Judd Matsunaga of Elder Law Servicies of California can help with the proper legal drafting of wills and trusts.
Listed below are four important aspects of estate planning that can help to preserve the value of your estate and ensure the efficient administration and disposition of your estate’s assets.
1. A will is the begininng of an estate plan and deals with all matters pertaining to the final distribution of your estate’s assets. A will is a legal document that speaks on your behalf upon your demise. Without a will the courts will decide the manner in which your estate’s assets will be distributed – which may not be in accordance with your wishes.
2. A trust is a legal document that can be designed to address any unique situation that you may have in regard to the distribution of your estate assets. For example, a spendthrift trust can be set up to protect the interests of a beneficiary who is not good at handling money. A trust can be set up for the protection and administration of assets for minor children, a spouse or for any other beneficiary.
3. Your estate’s executor will need to know the location of all of your assets and vital documents. A complete and proper record of your assets and vital documents will eliminate the possibility of assets being lost.
4. It is important to understand that most estates are illiquid, meaning that most of the estate’s assets are not readily convertible into cash. For example, real estate, long term financial investments, business interests, rental properties and such might not be easily and quickly sold for cash.
This means that proper funding arrangements need to be made in advance to avoid the possibility that your estate’s valuable assets would have to be liquidated at fire sale prices in order to pay taxes and other estate settlement expenses. These expenses can easily add up to thousands and even millions of dollars for larger estates. A qualified estate planning attorney like Judd Matsunaga can help you plan accordingly to avoid such a situation.
By implementing the above estate planning strategies you can ensure that all your affairs are properly organized and depending on the size of your estate, you could potentially save thousands if not millions of dollars. Your heirs will be relieved that you made all the proper arrangements and that all your affairs were left in order. To learn more on how estate planning can benefit you and your heirs call Judd Matsunaga with Elder Law Servicies of California at 1-800 403-6078 for a free consulation.
“Judd Matsunaga has a gift. He explains complex tax and legal issues clearly. He designed a tax strategy custom-tailored to fit our unique estate planning situation. I’d recommend Judd to anyone with complex estate planning needs.”
J. Beardsley
Visit Elder Law Services of California for more information on Med-Cal Planning & Estate Planning and contact Judd Matsunaga, an experienced attorney for a free consultation. You’ll find the most up-to-date answers to important questions about Medi-Cal and Medi-Care for California residents, including:
- Is Medi-Cal different than Medicare?
- Do I give up Medicare benefits while on Medi-Cal?
- What kind of things can you do to protect your assets and still qualify for Medi-Cal?
- What about the stay-at-home spouse?
- Can you keep your home?
- Can the state place a lien on your home to recover costs of care in a nursing home?
Additional articles and information on Medi-Cal Planning by Judd Matsunaga can be accessed at the following sites:
- www.JuddMatsunaga.com
- www.JuddMatsunaga.net
- www.JuddMatsunaga.org
- www.Medi-Cal-Planning.net
- http://groups.google.com/group/medi-cal-planning
Through the use of Living Trusts, Wills, Powers of Attorney, Living Wills, Irrevocable Trusts, Family Limited Partnerships, and Charitable Gifting Strategies, Judd Matsunaga of Elder Law Services of California helps families preserve their wealth for future generations, minimize estate taxes, and avoid the expense and headaches of probate.
When it comes to estate planning, one of the most common concerns is how to properly manage estate taxes. Judd Matsunaga will help you plan for inheritance and all tax issues related to inheritance. Judd will make sure you have a plan that protects you and your family for years to come. Depending your your needs, we may use a combination of the following estate planning tools to define your estate plan:
- Wills: A simple will may be enough to protect your interests and provide for your family. We will let you know what a will can do for you.
- Trusts: There are a variety of trust options available for individuals and families, including revocable living trusts, irrevocable trusts, special needs trusts for the benefit of any disabled person, trusts for the benefit of children, and trusts for the benefit of pets.
- Financial Power of Attorney: By establishing a power of attorney, you can put your assets, finances, and even health care decisions in the hands of someone you trust.
- Advance Health Care Directive: You may reach a time when you are not in a position to make a decision regarding your own health care. By establishing a health care directive, you can make sure your best wishes are honored.
- Asset Protection: There are a variety of asset protection options beyond traditional wills and trusts. We can help you explore the possibility of incorporation or LLC and LLP formation for estate planning.
- Guardianships and Conservatorships: We help families obtain guardianships and conservatorships for loved ones who are no longer able to care for themselves and their property or make sound legal decisions.
- Durable Power Of Attorney: You may request that we draft a durable power of attorney which is awritten legal document that lets you esignate another person to act on your behalf, even in the event that you become disabled or incapacitated.
Probate
Probate is a legal process for settling an estate in accordance with the will of the deceased. Assets owned and registered in the individual name of the deceased that do not already have a beneficiary—including cash, investments, personal property, and real estate—make up what’s called the “probate estate.” These assets are controlled by the will and “pass through” the probate process in order for ownership to be transferred. All other assets “pass outside” the probate process.
Size of Estate
The manner in which estates are settled varies from state to state, but options also vary according to the estate’s overall value. A large estate generally involves having the state’s probate court validate the will or certify that the deceased died intestate which means ‘without a will’.
Settling a large estate also involves fulfilling other administrative matters, called “probating the estate.” Sometimes smaller estates can be settled through a more informal means of administration.
Judd Matsunaga is devoted to handling his clients’ advanced estate planning needs. If you have questions regarding the planning of your estate, or if you are about to start planning your estate, it is in your best interest to speak with a qualified attorney.
Call Judd Matsunaga, an experienced, estate-planning attorney at Elder Law Services of California today at (800) 403-6078 or send an e-mail to info@ elderlawcalifornia.com , and we will contact you to set up a free, initial consultation.
Some people are able to pay for long-term care out of their own funds while others were able to get long-term care insurance before they became ill. Unfortunately, most people who need long-term care have already become ill and as a result can no longer obtain long-term care insurance. They are also unable to pay for the cost of long-term care themselves without depleting all of their life savings and having to sell their other assets, including the family home. People who find themselves in these circumstances are forced to look to public benefits programs, such as Medicare and Medicaid, for help.
The attorneys at Elder Law Services of California who specialize in elder law 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.
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.