Jun
25
2018

No Penalties For Transfers Between Spouses Under Medi-Cal Regulations

When a person is in a nursing home and applies for Medi-Cal, the Medi-Cal application will ask whether the applicant has transferred away any non-exempt assets during the 30 months prior to the application date. Remember that exempt assets such as IRA’s are reported to Medi-Cal, but are not countable assets for Medi-Cal qualification.  The ill spouse, or applicant spouse, cannot have more than $2,000 in his/her name, of non qualified assets. The well spouse can have up to $123,600 in non-qualified assets. So if the ill spouse transfers assets to the well spouse to get down himself\herself down to the $2,000 limit, Medi-Cal does not apply a penalty. However, if a gift was made to a third party within the 30 months prior to the application date, an eligibility penalty may apply. If the gift was made more than 30 months prior to the date of the application, no penalty will apply. If the gift was made within the 30 month period, divide the sum gifted by $8,841, the penalty divisor, and that is the number of months of ineligibility for the applicant, starting at the month the gift was made. So for instance, if $15,000 was gifted in June, 2018, we divide that number by $8,841. $15,000 / $8,841 = 1.69, which would be rounded down to one month of ineligibility.  As a result, the applicant would be ineligible for June, 2018, but would be eligible for July, 2018.

This information is not to be taken as legal advice, is general in nature, and you are encouraged to see your Walnut Creek Elder Law Attorney.

Michael J. Young

Walnut Creek, CA

1931 San Miguel Dr. Ste., 220

Walnut Creek, CA 94596

925-256-0298

www.WalnutCreekElderLaw.com

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