Wills, Trusts & Probate · Taxes and benefits
Medi-Cal estate recovery
In this guide
- For deaths since 2017, recovery is limited to property that goes through probate.
- It applies to members 55 and older for certain services, such as nursing facility care.
- Hardship waivers exist, and recovery is barred or limited in some family situations.
What estate recovery is
After some Medi-Cal members die, the Department of Health Care Services (DHCS) may seek repayment from their estate for certain benefits paid. It generally applies to members who received services at age 55 or older.
The 2017 change
For people who died on or after January 1, 2017, recovery is limited to property that is subject to probate. It is also limited to specific services: nursing facility care, home and community-based services, and related hospital and prescription drug services. DHCS states that if a member owns nothing when they die, nothing is owed. Property that passes outside probate, such as through a trust or joint tenancy, is generally not subject to recovery for these deaths.
Protections
- For deaths on or after January 1, 2017, recovery is prohibited when the member is survived by a spouse or registered domestic partner.
- Recovery is not made when there is a surviving child who is under 21, blind, or disabled.
- Heirs can apply for a hardship waiver.
- Special exemptions apply to certain American Indian and Alaska Native property.
Time frames (DHCS)
- Notice of death to DHCS: within 90 days of the date of death
- Hardship waiver application: within 60 days of the date on the estate recovery claim letter
Official sources for this guide
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