Nursing Homes Residential Care
/ Assisted Living

CCRCs

Medi-Cal for
Long Term Care
Elder Abuse
/ Financial Abuse
Find an Elder Law Attorney

Governor Brown signed SB 833 which includes major changes to the Medi-Cal Recovery program!


The budget bills signed by Governor Brown incorporated the provisions of SB 33 (Hernandez) and ensures:

  • No recovery on the estates of surviving spouses
  • Recovery will be limited to only what is required by federal law, i.e., for those 55+ years of age, nursing home facility and long term care services or any age if the person was “permanently institutionalized."
  • Waivers of estate claims for homesteads of modest value
  • The “Estate” from which the state can recover will be limited to the probate estate - thus, living trusts, joint tenancies, etc. will not be subject to recovery
  • Interest on liens will be limited
  • Those who could be subject to recovery can receive an itemized billing once a year for a $5 fee.
  • The new provisions are effective for those who die on or after January 1, 2017

CANHR co-sponsored SB 33 with Western Center on Law and Poverty.

Western Center, Senator Hernandez, the author, and his staff, Scott Bain, are to be congratulated - for their resolve to help low income communities and prevent the destabilization of these communities.

And thanks to all of you who advocated and sent letters of support. It been a long time coming, but we did it.

 

Page Last Modified: June 17, 2016