Medi-Cal Liens on Homes
* Your article on Medi-Cal tells the story of the often tragic consequence of the new federal and state laws on liens against the assets of nursing home residents (May 17). Most older persons entering nursing homes will eventually be covered by Medi-Cal because of the high cost and long-term nature of nursing home care. The impact of the lien law is particularly hard on widows and widowers who find themselves unable to sell their homes and buy more appropriate or affordable quarters.
But the picture is not nearly as dark as it seems for families with both a husband and wife living when one enters a nursing home, if the family gets proper legal advice. The Medi-Cal lien and estate recovery laws are more a trap for the unwary than a serious interference with protection of the spouse remaining in the family home.
First, no lien may be placed on the family home during the lifetime of the person in the nursing home if his/her spouse is living there. Second, once Medi-Cal eligibility is established, the person in the nursing home can transfer the house to the spouse without affecting eligibility. Third, on the death of the spouse in a nursing home, the state cannot obtain a lien or recover the property if it was transferred to the spouse prior to the death of the nursing home resident.
Similar provisions in the law apply even where there is no spouse living in the family home. Liens may not be imposed and no claims may be made against the estate of a nursing home resident if his/her child is living in the home and is under age 21, or any age if the child is blind or substantially disabled. In addition, liens may not be imposed during the lifetime of the resident under certain other circumstances. If a lien is imposed, and the nursing home resident returns home, the lien is automatically dissolved.
The key to saving the family home is consulting a lawyer or advocate who is familiar with Medi-Cal laws and regulations. The time to get the advice is when the family member is entering a nursing home. Low-income individuals can obtain help from their local legal services program without charge.
HERBERT SEMMEL
National Senior Citizens Law Center
Los Angeles
* What’s wrong with homeowners whose medical bills are paid for by Medi-Cal having a lien put on the home which doesn’t have to be paid until the surviving spouse passes away or sells the house? It seems to me that we’ve given up the idea that we should pay our own way.
My mother is in the process of selling her house in order to have enough to pay her way to live in a retirement home. I feel that is a responsible course of action. As a taxpayer I hope that in the interest of fairness the policy of placing liens on homes to pay medical bills is not overturned.
YVONNE MOELLER
Torrance
