Key Medicaid Information for
Protections for the Community Spouse
Community Spouse Resource Allowance (CSRA):
California follows the income-first rule as of March 1, 2006, for fair hearings only, but the courts retain the power to shift assets first, and most courts will do so upon proper application.
Actuarially sound annuities are permitted for eligibility purposes, but the state will seek recovery, following the death of the Medi-Cal beneficiary, against annuities purchased after 09/01/2004.
Monthly Maintenance Needs Allowance:
Figure used to calculate transfer penalties:
Has a Long-Term Care Partnership program been implemented?
Are IRAs and other retirement plans protected (noncountable)?
State’s resource limit for Medicaid recipients:
Is the state an "income cap" state?
Monthly personal needs allowance for nursing home residents:
Has the state expanded the definition of "estate" beyond the probate estate?
Yes, but as of 1/1/17, California will no longer seek recovery beyond the probate estate from Medi-Cal beneficiaries who die after that date.
Has the state included a hardship provision in its estate recovery plan?
Home Equity Limit
Currently, California has no equity limit. When implementing regulations are later adopted, the state Medi-Cal program will cease covering long-term care services for single individuals with home equity greater than $840,000 (indexed for inflation). However, even then there will be no home equity cap for married individuals.
No Equity Limit