Jul 27

One of the most common questions posed to Medi-Cal Planning Attorney Judd Matsunaga is, “What can we do to protect our family assets and still qualify for Medi-Cal?”

Under Medi-Cal rules, the husband or wife who needs care is allowed to keep only $2,000. In compliance with these rules, Medi-Cal plans commonly involve the transfer of assets out of community or joint tenancy accounts and into separate accounts in the name of the husband or wife who is well. Any resources in excess of $2,000 for an individual, or $109,560 for a married couple, may be spent down by purchasing exempt or unavailable assets.

The family home can be transferred to anyone, not just a spouse, as long as it is an exempt asset at the time of transfer. This transfer requires a step-transaction to avoid having the new owners pay unnecessary taxes along and capital gains. The step-transaction documentation should be handled by a qualified Medi-Cal Planning attorney like Judd Matsunaga of Elder Law Services of California. Additionally, Elder Law Services can assist in the transfer of income (i.e. pension or retirement benefits) to the spouse who is well.

Jul 7
Medi-Cal Co-pays Would Hit Hard
Posted by Judd Matsunaga in Medi-Cal Planning on 07 7th, 2011| | No Comments »

Medi-Cal patients could be charged a fee to fill a prescription, see a doctor and go to the hospital under changes the state is asking the federal government to approve this year.
The proposed rules — which also include caps on doctor visits and a 10% cut to doctors’ pay — come as more residents than ever rely on the state-federal insurance program for the poor.

Medi-Cal co-payments and limits on doctor visits would have a bigger effect in Valley counties than elsewhere in the state: In Tulare County, 35.6% of people were enrolled in Medi-Cal in 2009, the highest rate in the state, according to the latest figures available. Fresno County’s rate at 31.3% was the second highest. More than 600,000 low-income Valley residents were enrolled.

Many on the program are low-wage workers and their families who are without employer-provided health insurance. Others are disabled adults, seniors and pregnant women.

The state wants them to pay a share of the costs for services: $5 for doctor visits, $3 to $5 for prescriptions, $50 for non-emergency visits to the emergency room and $100 a day for a hospital stay, up to a $200 maximum. Doctor visits would be limited to seven per year unless a doctor certifies more.

State officials say the changes to Medi-Cal are necessary to help balance California’s budget: Medi-Cal draws more from general-fund dollars than any program except education.

Health professionals say the changes will result in higher health-care costs. Patients will delay care and be seriously ill before seeing doctors, they say. And cutting doctors’ pay will drive more primary-care doctors to drop Medi-Cal, leaving patients with only emergency rooms for care, they say.

Medi-Cal recipient Kelly Raley, 49, of Fresno said paying for food and rent takes most of the $800 a month she receives in disability income for a severe hearing loss and physical disability. “I can’t even buy hearing-aid batteries,” she said.

Recently, Raley waited to see a doctor at Clinica Sierra Vista on Elm Avenue. A dislocated hip was causing her pain. She sees a doctor at least a dozen times a year and takes 10 medications for asthma and other health conditions. She would have to skip doctor visits and not fill prescriptions to avoid co-payments, she said. “I’d probably just try to suffer it out.”

 

Difficult choices

California’s proposals for cutting Medi-Cal, the state’s version of Medicaid, are not revolutionary. Across the country, cash-strapped states are trimming costs.

According to a survey by the National Association of Budget Officers, 24 states either are planning or already have reduced provider rates in fiscal year 2011, and 33 states propose to reduce rates for fiscal year 2012.

Toby J. Douglas, director of the California Department of Health Care Services, said the proposed Medi-Cal cuts reflect the state’s need for immediate savings.

“These are really tough actions and really focus on the enormity of the current budget situation and what we face in this current environment,” Douglas said.

More than 7 million Californians depend on Medi-Cal. The $46 billion insurance program includes $14.7 billion in state general funds — or 16.7% of the total $88 billion state fund. Savings from co-payments would be about $511 million. The 10% cut to providers would be another $614 million in savings.

Changes to the Medi-Cal program must be approved by the federal Centers for Medicare and Medicaid Services. California plans by Thursday, which is the end of the fiscal year, to submit a plan for provider rate reductions and limiting doctor visits. The state submitted a waiver request for co-payments this month. If approved, the cut in provider reimbursement would be retroactive to June 1, Douglas said. Patient co-payments would take effect later.

The state recognizes co-payments will affect Medi-Cal beneficiaries, Douglas said. “But we needed to make sure there was shared participation in the cost of services.”

Health experts say delays in care will be common under a system of co-payments and limitations on doctor visits.

History has proven rationing care doesn’t work, said Stephen Schilling, executive officer with Clinica Sierra Vista, which operates the Elm Avenue community health center among others in Bakersfield and Fresno.

California tried limiting doctor visits years ago, Schilling said. “Each Medi-Cal card came with sticky coupons — labels you pulled off. You had so many labels and so many visits per month,” he said.

“All that ever did was defer a few people,” Schilling said. “It resulted in a ton of extra work for the provider community, and I’m guessing for the state. And it didn’t hold back over-utilization and slow costs.”

 

The co-payment burden

Doctors, pharmacists, dentists and hospitals would be expected to collect co-payments from Medi-Cal patients under the plan.

The co-payments, while small in comparison to what people with private insurance pay, will mostly go unpaid, providers said. And uncollected co-payments will increase the bad debt doctors and hospitals already carry to care for low-income patients, they said.

Kaweah Delta Health Care District in Visalia would have to write off millions in uncollected co-payments, said Gary Herbst, senior vice president and chief financial officer.

Medi-Cal patients had about 33,000 emergency-room visits and 6,600 admissions this fiscal year, he said. Co-payments for all those visits would have been almost $3 million.

Community Medical Centers, the region’s biggest provider of Medi-Cal services, estimates uncollected co-payments at outpatient clinics, the downtown Fresno regional trauma center and Clovis Community Medical Center would be about $4 million or more a year.

“All the state is doing is shifting the burden to the hospitals, and we’re going to recognize it as bad debt,” said Stephen Walter, senior vice president and chief financial officer at Community Medical Centers.

Douglas hopes providers will continue to participate in Medi-Cal, but the state anticipates a fight over the proposed pay cut.

Providers successfully stopped the state’s attempt to cut reimbursement rates by 10% in 2008, and they are determined to block a cut again.

Doctors argue California’s reimbursement rate — $24 for a doctor’s office visit — ranks among the lowest among the states, and many physicians already refuse to participate in the program.

A 10% cut in reimbursement would further reduce patient access to care, said Elizabeth McNeil, vice president of federal government relations for the California Medical Association. “Even more doctors will get out of the program,” she said.

The medical association is among a group of provider organizations that belong to the California Alliance for Patient Care, which is advocating for denial of the proposed Medi-Cal changes.

The alliance said a lack of access to Medi-Cal doctors contributes to overcrowded emergency departments, and overcrowding would be made worse by the state’s Medi-Cal plans.

One-third of all emergency department visits are Medi-Cal patients, while 18% are the uninsured, the alliance said. By law, hospital emergency departments cannot refuse treatment to anyone, regardless of their insurance status or ability to pay.

Many of the Medi-Cal patients in emergency rooms have conditions that could have been prevented or treated in doctor offices, McNeil said.

Raley, the Fresno Medi-Cal patient, went to the emergency room twice last year. She had acute bronchitis, but she couldn’t get in to see her doctor, she said.

Oscar Sablan, a Firebaugh family physician who accepts Medi-Cal, said he tries to keep patients out of emergency rooms when possible, but it can take six months to get an appointment in some specialities. A doctor shortage in the Valley compounds the problem, he said.

“There is no doubt there’s an abuse of the emergency room, and part of it is there is not enough primary-care physicians to see the patients,” he said.

The state’s plans for cutting costs by charging patients for services and reducing doctor pay are shortsighted, said Herbst of Kaweah Delta.

“I question the thinking of the state here,” he said. Sending more patients to hospitals “more than wipes out the short-term savings.”

By Barbara Anderson / The Fresno Bee

 

Judd Matsunaga of Elder Law Services is a qualified attorney who has helped hundreds of California residents with Medi-Cal Planning.  Mr. Matsunaga can be reached for a free consultation by calling 1-800 403-6078.

Jul 6

Written by Jaimie Oh

Under proposed rules for California’s Medi-Cal program, patients would have to share costs to fill prescriptions, see their physician or visit the hospital, according to a Clovis Independent news report.

The proposed plans, which must be submitted for approval by the federal government, also include a 10 percent cut to physician reimbursement and caps on physician office visits to only seven each year. Although state officials are proposing the changes to help balance the state’s budget, healthcare providers argue the change could lead to higher healthcare costs since most beneficiaries would likely hold off on seeking medical attention, according to the news report.

According to the news report, savings from the proposed change in co-pay would amount to $511 million and the proposed 10 percent cut to physician pay would amount to another $614 million. State officials have already submitted the proposal for additional co-payments and plan to submit the other proposals in a few days.

Meanwhile, state officials have also expanded managed care under the Medi-Cal program in efforts to better coordinate care and control costs. Approximately 400,000 California residents, mainly older or disabled individuals, will be moved to a managed care plan. Although a majority of Medi-Cal beneficiaries are already in managed care plans, the older and disabled populations were typically not included.

Services Covered by Medi-Cal include:

  • Annual check-ups
  • Doctor visits
  • Emergency care
  • Family planning
  • Hospital services
  • Immunizations
  • Long term care
  • Medical supplies
  • Mental health care
  • Prenatal care
  • Prescription drugs

Depending on monthly income, some adults may qualify for “no cost” Medi-Cal which means they can receive benefits for free. They are not required to make co-payments for services or monthly payments to keep their coverage.  Adults who qualify for “share of cost” Medi-Cal are required to meet a monthly amount of payments for their coverage, in addition to $1 co-pays for some services.

Judd Matsunaga of Elder Law Services is a qualified attorney who has helped hundreds of California residents with Medi-Cal Planning.  Mr. Matsunaga can be reached for a free consultation by calling 1-800 403-6078.

 

 

Jan 9

California residents requiring long-term care, nursing home care or other expensive medical care can get help paying for their health care expenses by qualifying for Medi-Cal. Through Medi-Cal Planning with Elder Law Services of California, a person will be able to maintain their accustomed quality of life while preserving their assets, including the family home.  Judd Matsunaga of www.ElderLawCalifornia.com is available for a free consultation to discuss your needs and and answer questions about Medi-Cal and Asset Preservation. Call Judd at 1-800 403-6078.

Jan 5

Almost 25% of California’s senior citizens are covered by Medi-Cal, which is California’s version of Medicaid. Medi-Cal provides many of the state’s economically disadvantaged seniors with essential health insurance coverage, including coverage for some medical services which are not covered at all by Medicare.  Medi-Cal also provides a safety net for senior citizens who may require long-term care who have exhausted their own financial resources.

The leading costs for participants are prescription drugs and long-term care or nursing home care ( both of which are generally not covered under Medicare) and inpatient hospital care.   The growing population of California’s elderly is increasing the demand for long-term care.    With California’s budget problems and rising health care costs legislators are facing difficult decisions which will impact the level of health care available to senior citizens.

If you or your family members are concerned about qualifying for or being disqualified for California Med-Cal then you should call attorney Judd Matsunaga at Elder Law California for a free consultation regarding Medi-Cal Planning.

Oct 1

Judd Matsunaga is a Los Angeles-based attorney who specializes in a unique field of law, focusing on Medi-Cal planning and asset preservation.  Judd provides free consulations by phone or in person.  He can be reached by calling  Elder Law Services of California at 1-800 403-6078.

Sep 29

Visit Elder Law Services of California for more information on Med-Cal Planning & Estate Planning and contact Judd Matsunaga, an experienced attorney for a free consultation. You’ll find the most up-to-date answers to important questions about Medi-Cal and Medi-Care for California residents, including:

  • Is Medi-Cal different than Medicare?
  • Do I give up Medicare benefits while on Medi-Cal?
  • What kind of things can you do to protect your assets and still qualify for Medi-Cal?
  • What about the stay-at-home spouse?
  • Can you keep your home?
  • Can the state place a lien on your home to recover costs of care in a nursing home?
Sep 1
Estate Planning and Medi-Cal Planning
Posted by Judd Matsunaga in Medi-Cal Planning on 09 1st, 2009| | No Comments »

Through the use of Living Trusts, Wills, Powers of Attorney, Living Wills, Irrevocable Trusts, Family Limited Partnerships, and Charitable Gifting Strategies, Judd Matsunaga of Elder Law Services of California helps families preserve their wealth for future generations, minimize estate taxes, and avoid the expense and headaches of probate.

When it comes to estate planning, one of the most common concerns is how to properly manage estate taxes. Judd Matsunaga will help you plan for inheritance and all tax issues related to inheritance. Judd will make sure you have a plan that protects you and your family for years to come. Depending your your needs, we may use a combination of the following estate planning tools to define your estate plan:

* Wills: A simple will may be enough to protect your interests and provide for your family. We will let you know what a will can do for you.
* Trusts: There are a variety of trust options available for individuals and families, including revocable living trusts, irrevocable trusts, special needs trusts for the benefit of any disabled person, trusts for the benefit of children, and trusts for the benefit of pets.
* Financial Power of Attorney: By establishing a power of attorney, you can put your assets, finances, and even health care decisions in the hands of someone you trust.
* Advance Health Care Directive: You may reach a time when you are not in a position to make a decision regarding your own health care. By establishing a health care directive, you can make sure your best wishes are honored.
* Asset Protection: There are a variety of asset protection options beyond traditional wills and trusts. We can help you explore the possibility of incorporation or LLC and LLP formation for estate planning.
* Guardianships and Conservatorships: We help families obtain guardianships and conservatorships for loved ones who are no longer able to care for themselves and their property or make sound legal decisions.
* Durable Power Of Attorney: You may request that we draft a durable power of attorney which is awritten legal document that lets you esignate another person to act on your behalf, even in the event that you become disabled or incapacitated.

Probate

Probate is a legal process for settling an estate in accordance with the will of the deceased. Assets owned and registered in the individual name of the deceased that do not already have a beneficiary—including cash, investments, personal property, and real estate—make up what’s called the “probate estate.” These assets are controlled by the will and “pass through” the probate process in order for ownership to be transferred. All other assets “pass outside” the probate process.

Size of Estate

The manner in which estates are settled varies from state to state, but options also vary according to the estate’s overall value. A large estate generally involves having the state’s probate court validate the will or certify that the deceased died intestate which means ‘without a will’.

Settling a large estate also involves fulfilling other administrative matters, called “probating the estate.” Sometimes smaller estates can be settled through a more informal means of administration.

Judd Matsunaga is devoted to handling his clients’ advanced estate planning needs. If you have questions regarding the planning of your estate, or if you are about to start planning your estate, it is in your best interest to speak with a qualified attorney.

Call Judd Matsunaga, an experienced, estate-planning attorney at Elder Law Services of California today at (800) 403-6078 or send an e-mail to info@ elderlawcalifornia.com , and we will contact you to set up a free, initial consultation.

Apr 21
California Medi-Cal for Nursing Homes
Posted by Judd Matsunaga in Medi-Cal Planning on 04 21st, 2009| | No Comments »

California residents who need to live in a long term care skilled nursing facility can benefit from Medi-Cal Planning.  Attorney Judd Matsunaga is an expert on Medi-Cal Planning and can be reached by calling  Elder Law Services of California at 1-800 403-6078.

Apr 14

Also see www.ElderLawCalifornia.com and www.JuddMatsunaga.com

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