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New Laws Effective January 1, 2017
Hundreds of new California laws will become effective January 1, 2017, including many that will impact various long-term care and elder abuse issues. CANHR sponsored, supported or opposed a number of pieces of legislation this session, and highlights of some of the successful bills follow. Please check www.canhr.org/legislation for updated details on legislation, and www.leginfo.ca.gov for information of specific bills.
SB 833 - Medi-Cal Recovery Reform: Perhaps the most important bill of 2016 to Medi-Cal recipients who are age 55 years or older, SB 833 incorporated the Medi-Cal recovery reforms of SB 33 (Hernandez) which was co-sponsored by CANHR and Western Center on Law and Poverty. Effective January 1, 2017, - among other provisions - the state can no longer recover from the estates of surviving spouses or registered domestic partners; limits Medi-Cal recovery for those who are 55+ years of age to only what is required by federal law; allows a hardship exemption for homesteads of modest value; and most importantly, limits recovery to those estates that are subject to probate administration. In other words, if the estate is held in a living trust, joint tenancy, or in any other way that avoids probate – there is no recovery. If the estate is held in a will that will be subject to probate, then recovery is likely.
Take a look at CANHR’s Medi-Cal Recovery page to download information on this new law and how to avoid recovery: www.canhr.org/medcal/medcal_recoveryinfo.htm
Insurance: Annuity Transactions - SB 924 (Roth): Sponsored by CANHR, this new law seeks to deter those financial abuse predators who convince seniors to invest in risky annuities and other financial transactions under the guise of “helping them get benefits” such as VA Aid and Attendance or Medi-Cal. SB 924 provides that an insurance company must ascertain whether the purchase of an annuity by a senior consumer is suitable if it is connected to an attempt to qualify for a government benefit.
Dismissal/Denial of Petitions to Compel Arbitration: Appeals - SB 1065 (Monning):
Medi-Cal: Nonmedical transportation - AB 2394 (Garcia):
CCRC Refunds - SB 939 (Monning):
In-Home Supportive Services: Application - AB 1797 (Lackey):
Care facilities: civil penalties - AB 2231 (Calderon):
Page Last Modified: December 20, 2016