Disability & Long-Term CareQuestion 255 of 716

The PRIMARY consumer advantage of a California Partnership for Long-Term Care policy compared with an ordinary LTC policy is:

a.Dollar-for-dollar Medi-Cal asset disregard — the consumer can keep assets equal to the LTC benefits paid out by the partnership policy and still qualify for Medi-Cal
b.Partnership policies are exempt from any inflation-protection requirement, so a buyer of any age may keep a level daily benefit for the whole life of the contract without increases
c.Partnership policies are guaranteed issue regardless of the applicant's age or health history, so an insurer may not apply medical underwriting or decline any California applicant
d.Partnership benefits are exempt from California income tax, while the benefits of an ordinary tax-qualified LTC policy are fully taxable to the insured as ordinary income

Explanation

The California Partnership for Long-Term Care, authorized by federal DRA 2005 and California Welfare & Institutions Code §22009, provides a 'dollar-for-dollar' Medi-Cal asset disregard: every dollar a Partnership LTC policy pays out preserves an equivalent dollar of assets that would otherwise have to be spent down for Medi-Cal eligibility. If a Partnership policy pays $200,000 in benefits, the insured can retain $200,000 of additional assets and still qualify for Medi-Cal LTC. The claim that Partnership benefits escape California income tax while ordinary LTC benefits are taxable is wrong — both partnership and ordinary tax-qualified LTC benefits are income-tax-free under IRC §7702B. The claim of exemption from any inflation-protection requirement is reversed — Partnership policies REQUIRE 5% compounded inflation protection for buyers under 70. And the guaranteed-issue claim is wrong — Partnership policies are still medically underwritten.

Law Reference: Deficit Reduction Act of 2005 §6021; Cal. Welf. & Inst. Code §22009

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