The budget bills signed by Governor Brown incorporated the provisions of SB 33 (Hernandez) and ensures:
- No recovery on the estates of surviving spouses
- Recovery will be limited to only what is required by federal law, i.e., for those 55+ years of age, nursing home facility and long term care services or any age if the person was “permanently institutionalized.”
- Waivers of estate claims for homesteads of modest value
- The “Estate” from which the state can recover will be limited to the probate estate – thus, living trusts, joint tenancies, etc. will not be subject to recovery
- Interest on liens will be limited
- Those who could be subject to recovery can receive an itemized billing once a year for a $5 fee.
- The new provisions are effective for those who die on or after January 1, 2017
CANHR co-sponsored SB 33 with Western Center on Law and Poverty.
Western Center, Senator Hernandez, the author, and his staff, Scott Bain, are to be congratulated – for their resolve to help low income communities and prevent the destabilization of these communities.
And thanks to all of you who advocated and sent letters of support. It been a long time coming, but we did it.