Michael Gilfix Quoted in San Francisco Chronicle on Medi-Cal Estate Claims
Sep 2, 2014
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.
Gilfix & La Poll Associates LLP
2300 Geng Rd., Suite 200
Palo Alto, CA 94303
Telephone: (650) 493-8070
Facebook: Like Us!
- 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 […]
- Planning a summer vacation for your special needs child
When planning a summer vacation for your special needs child, it’s never too early to ask him or her for input. Find out which activities your daughter is currently enjoying the most and what your son’s hopes are for the blissful stretch of time when school is out. As with any family activity, keep your […]
- Navigating intestacy for surviving spouses in California
When someone dies without a valid will, his or her condition is called “intestacy.” Each state has its own laws for determining how the deceased’s estate is divided in cases of intestacy. When the deceased’s spouse is still living, all community property (meaning property acquired during the marriage) automatically goes to the spouse, while separate […]
- Palo Alto Breaks Ground on Innovative Playground for All Children
On June 23, construction began on what is being coined the most innovative and inclusive playground in the United States. The playground will be called “Magical Bridge” and will be located on 1.28 acres of land between Adobe Creek and Mitchell Park’s southern-most tennis courts. The park will have 15 zones that will accommodate the […]