San Diego Union-Tribune (Sunday)

HELP YOUR LOVED ONE GET QUALITY NURSING HOME CARE WHILE SAVING FAMILY ASSETS

- By Phil Lindsley

Don’t be fooled by the myth of the “Medi-cal Spend Down!”

The Long Term Care Medi-cal program pays for care in skilled nursing facilities. This is not an insurance program, but a form of Federal assistance for families facing the crushing costs of nursing care. This program offers significan­t benefits to most of the people we see. Unfortunat­ely, there is a great deal of misinforma­tion and misunderst­anding about Long Term Care Medi-cal. As a result, many people who could qualify never apply. Much of this misinforma­tion is dispensed by profession­als who believe they understand the program, but do not. Most people first hear about Medi-cal Long Term Care coverage when a loved one is hospitaliz­ed and then discharged to a “rehabilita­tion” or skilled nursing facility. Medicare or insurance will cover care for a while…but not long. The maximum period Medicare will pay for is 100 days, but usually stops paying after 20 days. For those who do not have long term care insurance, the choice then becomes to pay the cost themselves, or apply for Long Term Care Medi-cal. Those who must pay from their own funds find that facility costs exceed $8,000.00 per month. Few could afford this for long. The clear alternativ­e is Long Term Care Medi-cal, which will pay up to 100% of nursing home expenses, with no limitation on length of stay or coverage. Unlike other Medi-cal programs, your and your spouse’s income is irrelevant in determinin­g eligibilit­y. Some may need to pay a partial “share of cost,” but many will not. Even those with a relatively high share of cost pay far less than the private pay rate. As a result of misinforma­tion, many people think they must spend their assets down to less than $2,000 to qualify for Long Term Care Medi-cal. This is almost never true. Many assets are considered exempt or unavailabl­e and not counted in the qualificat­ion process. There is no penalty if you move assets that are not exempt into assets that are. There are also substantia­l allowances and planning opportunit­ies available for those who know and use them. But don’t expect health care or Medi-cal eligibilit­y workers to properly educate you about this! Though the COVID-19 crisis has made visiting family more difficult for now, it has changed none of your rights under the law to stay in the facility while applying for Long Term Care Medi-cal. Whether advance or crisis planning, the majority of those who consult with us can qualify for Long Term Care Medi-cal legally preserving most, if not all, of their assets. We can help minimize the “share of cost,” and avoid recovery claims by the State. The rules about Medical qualificat­ion are complicate­d. Many thousands of your family’s dollars may be at stake. Every year thousands of people unnecessar­ily private pay because they don’t know their rights. Don’t let this describe your family. Before assuming you will not qualify for Medi-cal, please consult with us at San Diego Elder Law Center. We can be contacted at (619) 235-4357 or you can visit our website at www.sandiegoel­derlaw.com.

 ??  ?? Philip Lindsley is a State Bar Certified Elder Law Attorney (CELA), one of few in San Diego County. He is also a Certified
Legal Specialist (CLS) in Estate Planning,
Trust and Probate
Law. He specialize­s in planning for
Medi-cal and VA benefits, consumer rights in long term care and family asset protection. Phil has been practicing law in San Diego for over
35 years.
Philip Lindsley is a State Bar Certified Elder Law Attorney (CELA), one of few in San Diego County. He is also a Certified Legal Specialist (CLS) in Estate Planning, Trust and Probate Law. He specialize­s in planning for Medi-cal and VA benefits, consumer rights in long term care and family asset protection. Phil has been practicing law in San Diego for over 35 years.

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