Federal law requires states to establish protections for a couple’s income and assets, when one spouse needs nursing facility care or the equivalent level of care provided through Home and Community-Based Services (HCBS). As set forth in a 2020 court order, California had not extended these protections adequately to HCBS.
California has changed policies in response to the court order.
A new Justice in Aging FAQ explains who qualifies for Medi-Cal under the Spousal Impoverishment Protections and how eligibility is calculated. Eligibility may be potentially retroactive back to 2014, depending on circumstances.