Many people are concerned that if they have transferred money to their spouse or if they have moved money from one account to another they  will  trigger the “30 Month Rule”.   This is untrue.   The  “30 Month Rule”  takes effect  when   you  have improperly transferred or given away an asset,  without  receiving equal value,  to someone other than  your  spouse.  There are no penalties on transfers between spouses.    An improper transfer can result in a period of Medi-Cal ineligibility for no longer than 30 months.  In most cases the  “30 month rule”  does not come into effect unless a large gift is made within a short time of the Medi-Cal application.  However, Federal changes to the Medi-Cal regulations (DRA*) have been made which, when enacted by California, will essentially penalize any gifting done within 5 years of a Medi-Cal application.  If placement  in a skilled nursing facility is expected within 5 years, great caution should be used in the gifting of any money.

Medi-Cal Specialist for Nursing Home Care

What about the “30 Month Rule”?

Serving Seniors

throughout California

1-866-450-0510

R. Chris Packard

* The Deficit Reduction Act which changes gifting and other rules has been passed by the federal government, but has not yet been fully implemented by the state of California.