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Frequently Asked Questions
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Answered by the Staff of APS California
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Here are some of the typical questions we have been asked over the last
Twelve-plus years, regarding Medi-cal Planning and APS California.
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Q. How are you able to save so much money for families, when I've been told the only thing I can do is "spend down"?
A. APS California uses the very laws and regulations that Medi-Cal is
governed by, to save our clients up to 100% of their family savings and
homes. Don't be misled by others who are misinformed or not seeing the
whole picture.
Q. How do the $12,000 gifts to family members and the "30 month look-back period" affect what you do?
A. First, you must differentiate the IRS rules from the Medi-Cal rules.
The $12,000 gift per person that IRS allows, is a huge trap for
families, as far as Medi-Cal is concerned. You must not assume because
IRS allows something for estate planning purposes, that it is ok with
Medi-Cal rules. Often it is not! APS California takes all the various
aspects into consideration when preparing a plan and allows the family
to choose which options are carried out. Secondly, the "30 month
look-back period" is currently in force in California, but not in other
areas of the United States. The Federal Government changed the federal
medicaid law, over fourteen years ago. However, in California, we are
still operating under the pre-1993 rules, and therefore, we make our
plans according to the current rules. However, these will soon change
and become much more stringent. Gifting will become much more difficult
and time consuming. We are currently in a "window of opportunity", as
far as California families are concerned.
Q. Is this legal?
A. APS California commits to it's clients, that we will do nothing,
unless it is sanctioned by the Medi-Cal regulations, currently in
force. All of our plans and techniques are not only in compliance with
Medi-Cal regulations, but we take precautions to align the plan with
all other tax and banking regulations, as well. We even recommend that
the family confirm the plan with their attorney and accountant, to
avoid any possible missteps.
Q. How much does this cost?
A. Fees to APS California are typically "flat fees", and are based on
the total work to be accomplished and the time frame in which it will
be accomplished. Each case is uniquely priced, but always, the fees are
significantly less than the money saved by the family and a fraction of
the cost of nursing home care. There is NEVER A COST to find out WHAT
WE CAN DO FOR YOU.
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Q. When will the state implement the new regulations?
A. The state is in the process of writing the new regulations to conform to the new federal laws, signed into effect by President Bush, in February of 2006. We have been told to expect the new rules by early 2008. Our advice is not to wait to find out what we can do for your family
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Feel free to call us at our toll free number, (888) 750-7526, or email us, at the link below.
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