Frequently Asked Questions (FAQs)

Medicare and Medi-Cal (Medicaid)

Under what circumstances can the state of California recover what it has paid for my care after I die?

Requirement That DHS Be Notified Of Death. California law requires that the Department of Health Services be notified of the death of a Medi-Cal recipient, and the death of the surviving spouse of a person who received Medi-Cal, in writing, within 90 days of death. The state of California has broad authority to recover the amount of medical expenses it paid after the death of the Medi-Cal recipient or his or her spouse. For example, while the home is usually exempt for the purpose of qualifying for Medi-Cal, it is subject to recovery after death if it is still in the name of the recipient or the recipient’s spouse. A revocable living trust will allow your home to avoid probate but it will not protect your home from DHS recovery after your death.

When DHS Cannot Claim. The state may not make a claim if the Medi-Cal recipient is survived by a spouse. However, the state can file a claim after the death of the surviving spouse. DHS cannot claim if the Medi-Cal beneficiary is survived by a minor or disabled child or where the claim would constitute undue hardship.

Arranging your assets to qualify for Medi-Cal and/or avoid recovery is complex and should only be done after consulting with an attorney and fully considering all of the consequences.