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Dear Advocate…
Can Medi-Cal make a claim against my parents’ home to recover the amount of money it spent on my mother’s nursing home care?


Dear Advocate:

My mother was in a nursing home for 10 years prior to her death, and Medi-Cal paid for her care. My mom passed away in 2015. My father continued to live in their home until his death in 2017, and he was not on Medi-Cal.

Can Medi-Cal make a claim against my parents’ home to recover the amount of money it spent on my mother’s nursing home care?

Sincerely,

Curious in Canton

Dear Curious in Canton:

I have great news for you - Medi-Cal cannot make a claim against your parents’ home. The Medi-Cal estate recovery laws changed dramatically on January 1, 2017, and the new laws are much more favorable to consumers. After January 1, 2017, if a Medi-Cal recipient is survived by a spouse or registered domestic partner, the MediCal estate claim is prohibited and forever barred. Even though your mother passed away in 2015, because your father did not pass away until after January 1, 2017, the new Medi-Cal recovery laws apply and the Medi-Cal estate claim for your mother’s nursing home expenses is barred.

For more information on the new Medi-Cal recovery laws, see CANHR’s consumer guide at http://canhr.org/publications/ PDFs/Medi-Cal_Recovery.pdf.

Page Last Modified: May 30, 2018