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MEDI-CAL AND THE THREAT AGAINST YOUR HOME – THE YEAR IN REVIEW |
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This past year has seen an effort to alter Medi-Cal law for the worse in the State of California Assembly. I have kept you informed throughout the year, in this publication, about these pending changes and what they mean in regard to helping or hindering you in safeguarding your family home and assets. Hundreds of you have taken advantage of my services to ensure your family homes and assets remain intact and out of the hands of the State. The story began in May 2004 when a reporter for the Los Angeles Times penned an article suggesting that many people in the state – well-to-do people – were involved in a scam to gain Medi-Cal funds to pay for nursing home care when these individuals were not eligible to do so. The Department of Health Services (hereafter DHS) reacted badly to the appearance of the article and instead of checking the facts, decided to amend the law concerning the administration and recovery of Medi-Cal funds used to pay for long-term care in a nursing home. But rather than protecting the individual, the proposed changes would have had exactly the opposite effect of making it easy for the DHS to grab the home and assets of the person needing care. An Assembly Bill was quickly drafted (AB 2101) which would have made it easier DHS to claim recovery against homes and other asset. Moreover, the way the bill was drafted in a way that would have granted the DHS the right to carry out these seizures of property and assets on a bypass of the normal way laws are written and passed upon by public consent. An array of citizen’s groups arose to educate legislators and others as to exactly what the proposed legislation would have lead to. As a result, AB 2101 was defeated, leaving the DHS looking for other ways to implement these changes in the Medi-Cal laws. At the moment, safeguarding your homes and properties, your assets and efforts to build and pass on a legacy to your children or spouses, is still possible to achieve. And many hundreds of you have been made aware of these potential changes in the application of Medi-Cal and have taken positive steps to safeguard your assets and homes. It has been very heartwarming for me to have been able to help so many of you who sought out legal assistance and got your estate planning set with maximum benefit for yourselves and your families, safeguarding your homes and ensuring these properties stay in the family. But there is the plan on the part of the DHS to change Medi-Cal so that your homes and assets are at risk, and they will make further efforts during the coming year to do so. Be smart and act before it is no longer possible to safeguard your estate. I will continue to keep you informed and advocate on your behalf. I wish you the merriest Christmas and season’s greetings. May we all farewell ringing in the New Year!
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