Contact my office to learn how to avoid “estate recovery” for expanded Medi-Cal or Magi-Medi-Cal.

What is Adult Expansion / MAGI

Medi-Cal?

May 2016, Pub. #5551.01

The Affordable Care Act (ACA) (also knownas Obamacare) has

increased the number of people who can get Medicaid (Medi-Cal in

California). “Adult Expansion Medi-Cal” or Medi-Cal for “childless adults”

is part of what is now being called “MAGI” Medi-Cal under the ACA.

“MAGI” Medi-Cal means any Medi-Cal program that uses MAGI

(modified adjusted gross income) to determine financial eligibility for

Medi-Cal.

Who is Eligible for Adult Expansion Medi-Cal?

You can get Medi-Cal under the new Adult Expansion Medi-Cal program

if:

– You are between the ages of 19 and 64;

– Your MAGI income is below 138% federal poverty level (FPL);

i

– You are not pregnant;

– You do not get Medicare;

– You do not have Medi-Cal without a Share of Cost already.

How do I know if my MAGI income is below 138%?

ii

You don’t have to figure it out yourself. You can file a “single

streamlined application” for MAGI Medi-Cal through Covered California,

the county Medi-Cal office, or a number of other places. You can file the

single streamlined application online on the Covered California website.

If you file for benefits on the county Medi-Cal website, it will redirect you

to the Covered California website so you can apply for MAGI Medi-Cal.

Page 2 of 4

Are there rules about how much money or property I can

have and still get Adult Expansion Medi-Cal?

Yes, but they are different from pre-ACA Medi-Cal. Pre-ACA Medi-Cal

has very strict limits on how much income and how many assets you can

have. MAGI Medi-Cal uses a different way to calculate income, and

allows a single person to have up to $16,242 year of MAGI income.

That’s 138% of the federal poverty level. However, under MAGI MediCal,

there are no income exclusions or deductions other than a few

deductions used to determine the amount of your MAGI. And, unlike

pre-ACA Medi-Cal there is no asset test for MAGI Medi-Cal.iii This

means you can have more than the $2,000 per person/3,000 per couple

resource limits of pre-ACA Medi-Cal.iv

What if I have a Medi-Cal Share of Cost Now? Can I switch

to Adult Expansion Medi-Cal?

Yes. You can contact your local County Medi-Cal office and ask them to

check whether you are now eligible for MAGI Medi-Cal with no share of

cost. The County will also check if you are eligible for MAGI Medi-Cal at

your annual redetermination. The county will give you MAGI Medi-Cal if

you are eligible for it.

What Services can I Get with Adult Expansion Medi-Cal?

You can get all of the services available under regular Medi-Cal,

including nursing facility, In Home Supportive Services (IHSS), and other

long-term care services, without an asset test.

v

In addition, you can get

substance use and mental health services from Medi-Cal managed care

plans and from county mental health/behavioral health.

vi If you want

home and community-based waiver services (HCBS) you can apply for

pre-ACA Medi-Cal through the county Medi-Cal office. You can do this

by filling out a SAWS 2 Plus form.

vii

What Resources Are Available if I Have More Questions?

At the bottom of this document, we have listed Internet resources that

may be helpful to do further research. In addition, your county Medi-Cal

agency, http://www.dhcs.ca.gov/services/medical/Pages/CountyOffices.aspx,

and Covered California,

www.coveredca.com, 1-800-300-1506, can answer questions.

Page 3 of 4

The following organizations can help with advocacy:

– Disability Rights California, www.disabilityrightsca.org, 10800-

776-5746, or

– Your local legal services organization. The Health Consumer

Alliance lists these organizations at

http://healthconsumer.org/index.php?id=partners.

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complete list of funders, go to http://www.disabilityrightsca.org/

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i The National Senior Citizens Law Center has written a helpful issue brief

on Medicaid expansion in California, which addresses income eligibility.

See http://nsclcarchives.org/wp-content/uploads/2013/11/1CA-EligibilityBrief-4.pdf:

the “MAGI formula does not count certain income including, for

example, Veterans’ benefits, child support received, and scholarships,

grants, and awards used for education purposes. Expansion Medi-Cal will

also allow other income deductions that are not permitted under traditional

Medi-Cal income calculations, including for example, alimony paid and pretax

contributions for expenses such as child care or retirement (although,

conversely, it will not allow the usual A&D FPL deductions for health

insurance premiums.” The U.C. Berkeley Labor Center has a one-page

fact sheet with a simple explanation about how to calculate MAGI. It is

available here:

http://laborcenter.berkeley.edu/healthcare/MAGI_summary13.pdf. “Return

to Main Document”

ii For more information on MAGI, see the National Health Law Program’s

“Advocate’s Guide to MAGI,” available at

http://www.healthlaw.org/publications/agmagi “Return to Main Document”

Page 4 of 4

iii Pre-ACA Medi-Cal asks for information about your assets, and if you

have too many, you will not be eligible for Medi-Cal. Under MAGI Medi-Cal

you are not subject to this asset test. “Return to Main Document”

iv http://nsclcarchives.org/wp-content/uploads/2013/11/1CA-Eligibility-Brief-

4.pdf “Return to Main Document”

v California has notified counties that MAGI expansion adults who need

nursing facility services can receive them under MAGI eligibility with no

asset test: http://www.dhcs.ca.gov/services/medical/eligibility/Documents/MEDIL2014/MEDILI14-06.pdf.

California has also

notified counties that MAGI expansion adults are eligible for community

LTSS services as well: http://www.dhcs.ca.gov/services/medical/eligibility/Documents/MEDIL2014/MEDILI14-11.pdf.

Although there is

no disability determination for MAGI Medi-Cal, you must meet medical

necessity standards for LTSS services. “Return to Main Document”

vi See,

http://www.dhcs.ca.gov/formsandpubs/laws/Documents/Pending%20SPA%

2013-038%20not%20ADA.pdf;

http://www.dhcs.ca.gov/formsandpubs/Documents/MMCDAPLsandPolicyL

etters/APL2013/APL13-021.pdf. “Return to Main Document”

vii http://www.cdss.ca.gov/cdssweb/entres/forms/English/SAWS2PLUS.pdf

“Return to Main Document”

Source: http://www.disabilityrightsca.org/pubs/555101.pdf