Probate & Medi-Cal Estate Revovery

[oregonmoonrise]

What is the name of your state? California

Not sure if this is where this question should be but it is concerning an estate in Probate. My mother died in Febuary. She was on Medi-Cal (state insurace) She was in a nursing home for 13 days & died unexpectedly. She was only in the nursing home till we would be able to set up housing in town for her so she could continue her Chemo. Anyways Im not sure if the Medi-Cal Estate recovery unit can come after the money from her estate. From what I have read it says they can if the person is over 55 or if they are under 55 & are permitly in a long care facility. She was only there till we could set up housing. Does anyone know the details on Medi-Cal Estate recovery for people under 55?

Thanks very much
Megan

 

[Betty]

The Dept. of Health Services will determine whether or not the cost of services will need to be paid back to Medi Cal. from what they (the person who received the services) own when they die. The amt. repaid is used for others who may need it. The Dept. of Health Services considers the amt. that was paid by Medi Cal & also what is left in the estate of the Medi Cal beneficiary. The dept. will never collect more than the value of the assets owned by the person who received Medi Cal at their death.
The dept. cannot require reimbursement under the following circumstances:
1) During the lifetime of a living spouse.
2) For Medi Cal services provided before the beneficiary's 55th birthday (unless the bene is institutionalized)
3) If the Medi Cal bene is survived by a child under 21 years old.
4) If the Medi Cal bene is survived by a child who is blind or disabled (as defined by the Federal Soc. Sec. Act).
Sometimes the dept. will waive or reduce its claim if the claim would cause undue hardship.
For additional info you can contact Dept. of Health Services, (Estate Recovery Unit), P.O. Box 2471, Sacramento, Ca. 95812; phone (916) 322-8778.