Loopholes in Medi-Cal Rules

The argument that Medi-Cal is being abused by loopholes to allow rich people to receive convalescent care misses the point (July 17). Lots of reasonable people believe that catastrophic illnesses, including convalescent care, should be covered by the government, so that a family should not have to become destitute to pay for such care. When Congress adopted this philosophy a few years ago, it could have provided convalescent care coverage under Medicare, but instead it did so under the Medicaid program (known as Medi-Cal in California), thereby increasing coverage to non-Medicare eligibles and also passing on 50% of the cost to the states. Congress apparently got caught up in its own illusion that long-term care coverage was a poverty program and complicated the matter by requiring certain property transfers to be made among family members first.

Zoran K. Basich and other elder-law attorneys should not be criticized for assisting families to qualify for convalescent care benefits, any more than CPAs should be criticized for assisting taxpayers to take advantage of quirks in the tax laws. The wisdom of the public policy allowing upper-middle-class and rich people to qualify for convalescent care at taxpayers’ expense can be debated, but until the laws are changed these folks are, in my opinion, merely performing a much-needed public service.

DAVID SCHLOSSBERG

Granada Hills

Schlossberg is a California administrative law judge whose caseload includes Medi-Cal eligibility issues.

Reading this article brought home to me memories of Mom when it became necessary to place her in a nursing home. At this time (in 1984 or ‘85) the rules were that should she require full-time medical care at the home, Medicare would not pay for it; the monthly charge then was $2,000 per month. Several friends suggested that we place the monies she and Pop had saved all their lives in the name of one of her children.

I’ll never forget Mom saying, “Pop worked all his life at the shop for these dollars.” As such, they were most precious to her. By this time, when she was 84 or 85, she was fragile, and more than a little frightened of what would happen “if anything were to happen to the monies.”

So, when she became hospitalized at the nursing home, the monies went out. Every month I had to write out that check, and I remembered her and the Depression years and her strength and courage--trying to hold on to maybe the last piece of control she had: the monies. And, of course they all went, all those months, monies such as these subsidizing clients of Basich.

EVELYN M. SEARS

Culver City

Your article failed to mention an alternative to Medicaid estate planning, the California Partnership for Long-Term Care.

This innovative alliance between the state and private insurers allows individuals to plan ahead to meet their nursing home or in-home care needs without fear of impoverishment. If Partnership policyholders require care beyond what their private coverage provides, they can receive Medi-Cal benefits, keep assets equal to the amount their insurance pays out--and, if they so desire, pass these protected assets on to their heirs. For more information about this program, (800) 434-0222.

S. KIMBERLY BELSHE, Director

Department of Health Services

Sacramento