» Michael Gilfix Quoted in San Francisco Chronicle on Medi-Cal Estate Claims

Michael Gilfix Quoted in San Francisco Chronicle on Medi-Cal Estate Claims

Palo Alto, CA (Law Firm Newswire) September 2, 2014 – Michael Gilfix was quoted in the San Francisco Chronicle regarding unexpected estate claims by Medi-Cal and the ways families can protect themselves.

On August 24, 2014, the Chronicle published an exposé on the recent expansion of Medi-Cal’s little-known estate recovery program. According to reporter Kathleen Pender, the new Affordable Care Act (ACA) has expanded the number of Medi-Cal recipients subject to estate recovery.

Medi-Cal has long conducted a limited program that allows it to claim and recover assets from the estates of some deceased Medi-Cal recipients. However, as Pender pointed out, the ACA’s expansion of Medi-Cal eligibility means that many more recipients over the age of 55 may be subject to Medi-Cal estate recovery. This will likely include a large number of older or retired Californians with well-structured estates but low incomes.

Michael Gilfix, an estate planning attorney and expert on Medi-Cal recovery issues, pointed out that some assets could be protected from such Medi-Cal recovery claims. “There are certain ways to transfer a home out of an estate, although this can raise tax issues,” he commented.

With recovery claims that can range from hundreds of dollars per month up to what Pender calls “unlimited amounts,” the Medi-Cal recovery program can blindside an unsuspecting family and devastate their estate plan. The amount that Medi-Cal claims in recovery is determined by the type of benefits that were received by the deceased person.

According to the Chronicle, there is currently a bill awaiting a vote in the California State Assembly that would roll back some, but not all, of Medi-Cal’s ability to make these estate claims. The bill has been passed by the Senate, but Pender claims that it is uncertain whether Governor Jerry Brown will sign or veto the bill.

Facebook: Like Us!

  • Talking to Dad about his driving: the surprising side of difficult conversations
    Do you think it will be tough to ask Dad to hand over the keys?  Surprisingly, a recent study from Liberty Mutual showed that 84 percent of seniors are open to talking about the safety of their driving, but that only six percent have actually had the discussion. As Liberty Mutual put it, “Seniors are […]
  • Setting up a special needs trust: three reasons to start sooner
    When preparing for the future of a child or family member with a disability, many parents and guardians plan to set up a special needs trust.  This unique kind of trust can provide for many of the supplemental needs of a disabled person without jeopardizing that person’s eligibility for vital government benefits, including Medi-Cal and […]
  • Michael Gilfix discusses Medi-Cal asset seizure in Mercury News
    A growing number of older Californians are concerned about Medi-Cal asset seizure, according to a new article from the San Jose Mercury News. The California State Assembly recently passed a new bill designed to limit Medi-Cal’s ability to recover assets from the estates of deceased Medi-Cal beneficiaries. As the law stands currently, Medi-Cal can seize […]
  • Long-Term Care Insurance: Options Abound, As Do Complications
    Long-term care insurance has become a critical topic as health care costs continue to rise.  The U.S. Department of Health and Human Services estimates the average annual cost of U.S. nursing home care to be $74,820. But in California, the Department of Health Care Services estimates that cost to be $91,250.  Recently, public debate about […]
  • Gilfix discusses Medi-Cal planning in the San Francisco Chronicle
    In the August 24, 2014 issue of the San Francisco Chronicle, reporter Kathleen Pender wrote about Medi-Cal reimbursement or “estate claims” that are imposed on a person’s estate if they receive Medi-Cal and after they pass. The article makes the point that the state could seek “an unlimited amount” from an individual’s estate when “Medi-Cal […]

See other news sources publishing this article. BETA | Tags: , , , , ,



Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required