Effective January 1, 2017, SB 833 changes rules regarding Medi-Cal estate recovery. DHCS will be limited to recovering for nursing facility services, home and community-based services, and related hospital and prescription drug services when beneficiaries receive nursing facility and/or home and community-based services.
Other important changes include:
- An additional hardship waiver if DHCS determines that enforcement of the claim would result in substantial hardship to other dependents, heirs, or survivors of the decedent. Subject to federal approval, “substantial hardship” can include consideration of a homestead of modest value, defined as “a home whose fair market value is 50 percent or less of the average price of homes in the county.”
- Prohibition of recovery from the estate of a deceased beneficiary who is survived by a spouse or registered domestic partner.
- Setting how a voluntary post death lien accrues interest
- Allowing eligible Medi-Cal beneficiaries to request a copy of the amount of recoverable Medi-Cal expenses once per calendar year for $5.
The estates of Medi-Cal beneficiaries who pass on or before December 31, 2016, will be subject to existing estate recovery rules.
DHCS MEDIL I 16-16 (September 21, 2016).