Elder Law - Medi-Cal Planning For Payment of Nursing Home Costs

In California, Medi-Cal planning for payment of nursingMaintenance Needs Allowance (MMMNA). If wife's
home costs is a somewhat complicated process thatmonthly income (through social security, pension, etc.) is
should utilize the assistance of a qualified elder lawonly $1,000, then she is short $1,610 per month of her
attorney. This brief article provides an overview ofallowable MMMNA.
how Medi-Cal benefits can be obtained to pay for theIf the ill-spouse (husband) has a monthly income of
sky-rocketing costs of long term care in a skilled$500, then his income can be allocated to his wife in
nursing facility.order to meet her MMMNA. Wife would now receive
The first step is to obtain eligibility. As a general rule, a$1,500 in monthly income, but would still be short $1,110
well-spouse is allowed to keep $104,400 (2008) inper month of her MMMNA ($2,610 - $1,500 = $1,110).
resources. This is called the Community SpouseAgain, the law allows the well-spouse, at a minimum,
Resource Allowance (CSRA) and includes cash in the$2,610 in income per month.
bank. If the married couple has more than this amountNow, if it can be shown that the couple's total
in resources, then they will need to reduce the excessresources, (hypothetically) invested in an interest
amount in a way that conforms to Medi-Cal's rules.bearing account, would still not produce enough
One method of spending down is to use the excessadditional monthly income for the wife to meet her
money to pay for improvements to the couple's home.MMMNA, then a request can be made to an
Their primary residence is considered an exemptAdministrative Law Judge or to the County Superior
asset for Medi-Cal eligibility purposes (regardless of itsCourt for an order that allows the couple to retain all
value) and therefore Medi-Cal cannot consider it inof their assets, including the amount in excess of the
determining eligibility. Note: The federal Deficit ReductionCSRA.
Act (DRA) may change some of the rules regardingAre there additional ways to qualify an individual to
the exempt status of a home. Any planning strategyreceive Medi-Cal benefits to pay for nursing home
must include a thorough review to determine whethercosts? Yes, and some of those planning strategies will
California has implemented an applicable provision ofbe discussed in subsequent articles.
the DRA.In the meantime, it is important to know that qualifying
Even if the couple's resources exceed the allowableto receive Medi-Cal benefits is only the first of several
amount, they may still be able to retain the excess andmajor issues that must be addressed in the planning
qualify.process. Avoiding Medi-Cal's attempt to recover the
Here's an example:money that it has paid out on behalf of the Medi-Cal
The well-spouse (wife) is entitled to keep $2,610 (2008)beneficiary (nursing home patient) is of critical
a month in income. This is called the Minimum Monthlyimportance in any Medi-Cal planning strategy.