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News

Estate Planning: Medi-Cal planning and resource limits

Dennis Fordham. Courtesy photo.

Anyone receiving community based Medi-Cal or long term (skilled nursing) Medi-Cal is familiar with the stringent, long-standing nonexempt asset limitations for eligibility (i.e, $2,000 in available, countable nonexempt assets for a single individual).

Two recent developments affect present day and future Medi-Cal eligibility planning for persons either already receiving or applying for Medi-Cal.

First, the federal Center for Medical Services, or CMS, renewed and extended the Public Health Emergency, or PHE, to Jan. 16, 2022.

The PHE protects continued receipt of benefits for existing Medi-Cal beneficiaries even if they receive assets in excess of their resource allowance during the public health emergency.

During the period of the public health emergency existing beneficiaries receiving Medi-Cal for long term care can gift away excess resources without creating any penalty period after the term of emergency ends.

CMS will provide a 60-day notice before the end of the public health emergency.

Moreover, any federal stimulus payments received can be spent or gifted either within the PHE period, or up to 12 months from date of stimulus receipt, whichever time frame is later. Such timely gifting does not have any negative impact on Medi-Cal eligibility.

Second, under recent California legislation, effective July 1, 2022, the nonexempt asset limitations for community based Medi-Cal, for long term (skilled nursing) Medi-Cal, and for certain other programs, increases from $2,000 (for a single individual) to $130,000.

An additional $65,000 exemption is allowed for each family member who lives in the beneficiary’s household, up to 10 family members.

Thus, as of July 1, 2022, a Medi-Cal beneficiary with two family members could retain $260,000 in nonexempt assets. Who qualifies as a family member still remains is yet to be defined. It will include a person’s spouse and children under age 21, but may also include others.

Furthermore, pending federal approval, California plans to altogether abolish the asset Medi-Cal requirements altogether on or after Jan. 1, 2024.

The limited income requirements, however, will still apply to eligibility both for community based Medi-Cal and for share of cost determination for long term care Medi-Cal.

The above changes present both planning challenges and opportunities for existing and future Medi-Cal recipients (other than those receiving Expansion Medi-Cal).

Existing Medi-Cal beneficiaries with excess resources will need to consider whether to spend down or gift excess assets before the end of the PHE (or 12 months from the receipt of stimulus moneys) or, if possible and desirable, perhaps to transfer part or all of such excess assets into a first party special needs trust.

Family members whose estate planning includes special needs trusts to receive future gifts for beneficiaries on Medi-Cal may wish to reconsider that approach. That is, it may then no longer be necessary or desirable to use a special needs trust depending on what asset limitations (eligibility) and the facts and circumstances apply at the time the gift is made in the future (under the new rules).

The analysis requires consideration of the size of the additional (disqualifying) assets received, family circumstances and goals, when any excess (disqualifying) assets are received (in relationship to July 1, 2022 or January 1, 2024), and whether the beneficiary can afford to temporarily lose Medi-Cal eligibility until when he or she can again qualify — either after July 1, 2021 or possibly after January 1, 2024.

These changes do not affect persons who receive so-called Expansion Medi-Cal under the Affordable Care Act. Eligibility for Expansion Medi-Cal is based on a person’s Modified Adjusted Gross Income (so-called, “MAGI” Medi-Cal) presently not exceeding $1,482/month (for 2021).

These changes also do not affect anyone who receives Supplemental Security Income benefits subject to the $2,000 per individual, and $3,000 per couple, asset limitations on SSI eligibility.

The foregoing discussion is not legal advice. Anyone confronting these Medi-Cal eligibility issues should consult with a qualified attorney for guidance regarding their particular facts and circumstances.

Dennis A. Fordham, attorney, is a State Bar-Certified Specialist in estate planning, probate and trust law. His office is at 870 S. Main St., Lakeport, Calif. He can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it. and 707-263-3235.

Space News: What's up for December 2021



What are some skywatching highlights in December 2021?

See three planets after sunset, but say goodbye to Venus as the "evening star" at the end of the month. Then have a hunt for newly discovered Comet Leonard in the early morning through mid-month. Finally, get up early on Dec. 14 to watch for Geminid meteors after local moonset, around 2 a.m.

From Dec. 6 to 10, look westward following sunset for the moon visiting Venus, Saturn and Jupiter in turn. The moon's crescent fills out as it appears higher in the sky each evening over the course of the week.

Enjoy the view of dazzling Venus as the "evening star" while it lasts, though. Our cloud-covered neighbor planet will sink ever closer to the horizon during the month, disappearing for most of us by New Years'. It'll reappear in late January as a morning planet preceding the sunrise, and won't be back in evening skies until December of next year.

Next in December, there's a recently discovered comet on its way into the inner solar system that might be worth trying to observe. It's known as Comet Leonard, and it will be at its closest to Earth on Dec. 12, just a couple of weeks before it reaches its closest distance from the sun.

Now, comets are notoriously difficult to predict in terms of brightness and visibility. Comet Leonard is predicted to peak at a brightness that will probably require binoculars to spot it. There's a chance it could be bright enough to see with the unaided eye, but again, with comets, you really never know.

In the first couple of weeks of December, Comet Leonard can be found in the east before sunrise, passing between Arcturus and the handle of the Big Dipper. It approaches the horizon right around the time of its closest approach to Earth, meaning it'll likely be brighter but more challenging to observe.

It then switches over to being an evening object after around Dec. 14, for just a little while after the sun sets — as it begins its long haul outward from the Sun again, progressively fading in brightness.

Finally, the Geminid meteors are a highlight of December skies each year. This year's meteor shower peaks overnight on Dec. 13 and 14. Apart from the weather, the phase of the moon is usually the main factor in whether a meteor shower will have good viewing any given year.

This year, the moon will be almost 80% full at the peak of the Geminids, which isn't ideal. However, that bright moon will set somewhere around 2 a.m. wherever you're located, leaving a couple of hours for meteor watching before dawn.

The meteors appear to radiate from the constellation Gemini, which you'll find high in the west. Now while most annual meteor showers are caused by Earth passing through trails of dust-sized particles of comet debris, the Geminids are one of the few meteor showers that are caused by debris from an asteroid that crosses Earth's orbit — in this case, one called Phaethon.

Recently, NASA scientists shared findings that suggest the difference between an asteroid and a comet might be less clear than we realized, with fizzing sodium on Phaethon playing the same role as vaporizing ice on comets.

And whether you catch a glimpse of Comet Leonard, or meteors from Asteroid Phaethon, both are reminders of the deep connections between Earth and the rest of the solar system that we discover because we look outward, and we explore.

You can catch up on all of NASA's missions to explore the solar system and beyond at www.nasa.gov.

Preston Dyches works for NASA's Jet Propulsion Laboratory.

Clearlake City Council votes to keep Slooten as mayor

LAKE COUNTY, Calif. — In its final regular meeting of the year, the Clearlake City Council voted to keep the council leadership in place for another year.

Following a discussion near the end of its two-hour meeting, the council voted unanimously to keep Dirk Slooten as mayor and Russell Perdock as vice mayor.

Councilwoman Joyce Overton praised Slooten for his work, noting the Clearlake Promise Program, which the council approved earlier in the meeting, which Slooten pursued with Woodland Community College to help local students.

She said Perdock also had done a good job and she would like to keep them in place for another year.

Councilman Russ Cremer also said they’d both done a good job, but argued for the more common annual rotation, which he said is necessary to give all council members a chance to be mayor.

Cremer — who acknowledged that he had served back-to-back mayoral terms — said he wanted to see Perdock move up to the mayor’s spot and the council’s newest member, David Claffey, become vice mayor for the new year.

Overton, who noted they’ve had people serve in the mayor’s post for more than one year at a time, said she felt Slooten was the most experienced in handling development.

Claffey said the council is fortunate in having four members who have served as mayor. Looking at the challenges in 2022, and with the city having made a significant investment in land, Claffey said he was exceptionally confident with Slooten being in meetings with commercial developers. He also praised Perdock for his work in advocating for the Hope Center and the Blue Zones projects.

Claffey said he liked the continuity of having the two men remain in their positions for the coming year. “I think you’ve done a fantastic job.”

Cremer said he was not castigating Slooten or Perdock on their specialties. “What I’ve learned this year is there is life after being mayor.”

Claffey moved to appoint Slooten as mayor and Perdock as vice mayor, with Overton seconding.

Before the vote, Supervisor Bruno Sabatier weighed in, noting the mayor's job is just a post and amazing things happen when the seat is switched. He also wanted to see Claffey as vice mayor, and while they can have reasons for not changing, “I think it’s good to see that change.”

Planning Commissioner Erin McCarrick supported the move to keep the leadership in place for another year, noting she thinks it’s helpful for new residents to have consistency.

Overton said she didn’t agree with Sabatier. She said it helps to have someone like Slooten with experience in negotiation and knowledge of development in the mayor’s position.

The vote that followed was 5-0.

“Thank you. I’m humbled. I hope to do my best,” said Slooten, noting that there are numerous projects in the works that have the possibility of transforming the city. He said he would do his utmost to have those projects come to a successful conclusion in 2022.

Also on Thursday, the council approved the Clearlake Promise Program, an agreement with Woodland Community College spearheaded by Slooten that will devote $55,000 over the coming two academic years to help local students pay for college.

The council also visited with one of the city shelter’s adoptable dogs, reviewed the annual photo contest winners, received an update on the first anniversary of the Hope Center’s opening and heard from staff about the Cache fire cleanup, which is now nearly complete.

Cremer asked to pull from the consent agenda approval of the Cannabis Equity Program, raising concerns over language regarding criminal convictions for participants, with the council ultimately tabling the item.

In other business, the council continued to Jan. 6 a public hearing to consider a development agreement with Ogulin Canyon Holdings LLC to allow a cannabis operation located at 2185 Ogulin Canyon Road — a property formerly owned by the city — in order to give staff the chance to process an appeal filed against the project.

Before the public portion of the council meeting, the council held a closed session. City Attorney Ryan Jones announced action from the closed session, which included unanimous votes on three separate items.

The council authorized Jones to engage in a national opioid settlement with Janssen and state drug distributors, voted to initiate litigation against McKinsey and Co. over opioids and directed the risk authority to negotiate a settlement with Melinda Wymer over her claim against the city.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

Middletown Unified School Board appoints two new members

LAKE COUNTY, Calif. — After losing two of its members earlier this fall, on Wednesday the Middletown Unified School District Board of Trustees finalized the process to select two community members to fill the vacancies.

Appointed to fill the seats are veteran county educator Annette Lee and businesswoman and teacher Allison Berlogar. Both women also have children attending school in the district.

The first of the board vacancies was created when LaTrease Walker abruptly resigned her seat during a heated Oct. 13 meeting in which a group of angry community members confronted the board over COVID-19-related mandates.

Walker, elected in 2018, sided with those against the mandates, saying her own children would not be vaccinated.

The following month, Trustee Thad Owens resigned. He also was elected in 2018 and is a principal in the Konocti Unified School District.

Middletown Unified Superintendent Tim Gill told Lake County News that in his resignation letter, Owens did not give a reason for his decision to leave the board.

The district held a public recruitment for board candidates and received applications from 10 community members.

In addition to Berloger and Lee, Michael Beehler, Kelly Fairless, Todd Fiora, Janina Hoskins, Chris Ochs, Bryan Pullman, Charise Reynolds and Kurtis Woodard applied for the board positions.

During a special board meeting Wednesday night at Middletown High School, board members Misha Grothe, Zoi Bracisco and Larry Allen interviewed the 10 applicants in open session following a random number draw by candidates to determine interview sequencing, Gill said.

Gill said each candidate was asked the same five questions and the opportunity was provided for public comment following the interviews. There was no public comment.

Following the board’s deliberation, the trustees voted to appoint Lee and Berlogar, who then were sworn in, Gill said.

Lee is a longtime educator who currently teaches at Woodland Community College. She formerly served as dean of the college’s Clear Lake Campus.

Lee, who holds a master's degree in business administration, graduated from Middletown Unified and has two children currently attending schools in the district. The district said Lee “brings a wealth of education knowledge to the board and will be a valuable asset.”

Berlogar is a longtime community member and business owner. She has taught for the district as well as been an active volunteer. She has two children, one of whom graduated from the district and the other who is attending school in Middletown Unified.

“Her ties to the community and perspective as a parent and former teacher are a welcome addition to the dynamic of the board,” the district said in a Thursday statement.

The board thanked all of the applicants for putting themselves up for consideration for the positions and for participating in the interview process.

“Their willingness to stand up and serve their community and students is admirable and appreciated. We look forward to leading the district forward and striving to bring the best possible education to our students,” the district statement said.

Pursuant to California Ed Code section 5092 and 6091, members of the public are advised that unless a petition calling for a special election containing a sufficient number of signatures is filed in the office of county superintendent of schools within 30 days of the date of these provisional appointments, they shall become effective appointments.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

AMIA cancels this year’s ‘Christmas at the Ranch’

LOWER LAKE, Calif. — The Anderson Marsh Interpretive Association has announced that its popular “Christmas at the Ranch” Victorian Christmas celebration held each year in the historic ranch house at Anderson Marsh State Historic Park is being canceled for 2021.

AMIA has been presenting this Christmas event for more than 25 years. It features tasty Christmas baked goods, hot apple cider and coffee, and performances by local musicians singing Christmas carols and holiday songs. Santa is always present to greet children of all ages.

With long-planned repairs to the Anderson Ranch House about to commence — including painting, window repairs and foundation work — State Parks has taken advantage of the pause in indoor activities at the ranch house to remove the furniture and other historic objects contained in the ranch house for much-needed cleaning and refurbishing.

“With the ranch house disrupted by maintenance projects, and the still-lingering COVID health concerns about crowded indoor events in small spaces, we thought it prudent to cancel the event this year,” said AMIA Board Member Henry Bornstein. “We plan on resuming this event next year, when we hope to be able to gather together at the ranch house to enjoy each other’s company and holiday cheer.”

For further information, contact AMIA at This email address is being protected from spambots. You need JavaScript enabled to view it..

Cal Fire Sonoma-Lake-Napa Unit transitions to winter preparedness

LAKE COUNTY, Calif. – Recent rains and cooler temperatures across the region have lowered the threat of wildfires, allowing Cal Fire’s Sonoma-Lake-Napa Unit to transition out of peak fire season.

The transition is effective Monday, Dec. 28, at 8 a.m. in Sonoma, Lake, Napa, Colusa, Yolo, and Solano counties.

That’s nearly a month earlier than the transition took place last year.

It’s the latest fire season transition over the past decade, which has seen the fire season extend further into the late fall and early winter months.

Sonoma-Lake-Napa Unit Chief Shana Jones reminded residents that safe residential pile burning of forest residue by landowners is a crucial tool in reducing fire hazards.

State, federal and local land management and fire agencies will also be utilizing this same window of opportunity to conduct prescribed burns aimed at improving forest health on private and public lands.

Cal Fire will continue to maintain staffing to meet any potential threat, as well as maintaining the ability to strategically move resources to areas that remain at a higher threat level.

Cal Fire also will continue to monitor weather conditions closely and still has the ability to increase staffing should weather conditions change or if there is a need to support wildfires or other emergencies in other areas of the state.

The 2020 fire season has been a very active year, even more so than in 2019. Statewide, Cal Fire and firefighters from many local agencies responded to over 8,000 wildfires within the State Responsibility Area that burned over 1.4 million acres.

In the Sonoma-Lake-Napa Unit, Cal Fire responded to over 600 wildfires that charred over 434,000 acres.

During the cooler winter months, Cal Fire will continue to actively focus efforts on fire prevention and fuels treatment activities as guided by the state’s Strategic Fire Plan and localized unit fire plans.

These will be done through public education, prescribed burns and various types of fuel reduction projects. These activities are aimed at reducing the impacts of large, damaging wildfires, public safety and improving overall forest health.

Residents are urged to still take precautions outdoors in order to prevent sparking a wildfire. A leading cause of wildfires this time of year is from escaped landscape debris burning. Before you burn, ensure it is a permissive burn day by contacting the local air quality district and then make sure you have any and all required burn permits.

During burning, make sure that piles of landscape debris are no larger than 4 feet in diameter, provide a 10-foot clearance down to bare mineral soil around the burn pile and ensure that a responsible adult is in attendance at all times with a water source and a shovel.

For more ways to burn safely visit www.ReadyForWildfire.org.
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Community

  • Lake County Wine Alliance offers sponsor update; beneficiary applications open 

  • Mendocino National Forest announces seasonal hiring for upcoming field season

Public Safety

  • Lakeport Police logs: Thursday, Jan. 15

  • Lakeport Police logs: Wednesday, Jan. 14

Education

  • Woodland Community College receives maximum eight-year reaffirmation of accreditation from ACCJC

  • SNHU announces Fall 2025 President's List

Health

  • California ranks 24th in America’s Health Rankings Annual Report from United Health Foundation

  • Healthy blood donors especially vital during active flu season

Business

  • Two Lake County Mediacom employees earn company’s top service awards

  • Redwood Credit Union launches holiday gift and porch-to-pantry food drives

Obituaries

  • Rufino ‘Ray’ Pato

  • Patty Lee Smith

Opinion & Letters

  • The benefits of music for students

  • How to ease the burden of high electric bills

Veterans

  • CalVet and CSU Long Beach team up to improve data collection related to veteran suicides

  • A ‘Big Step Forward’ for Gulf War Veterans

Recreation

  • Wet weather trail closure in effect on Upper Lake Ranger District

  • Mendocino National Forest seeking public input on OHV grant applications

  • State Parks announces 2026 Anderson Marsh nature walk schedule 

  • BLM lifts seasonal fire restrictions in central California

Religion

  • Kelseyville Presbyterian to host Ash Wednesday service and Lenten dinner Feb. 18

  • Kelseyville Presbyterian Church to hold ‘Longest Night’ service Dec. 21

Arts & Life

  • Auditions announced for original musical ‘Even In Shadow’ set for March 21 and 28

  • ‘The Rip’ action heist; ‘Steal’ grounded in a crime thriller

Government & Politics

  • Lake County Democrats issue endorsements in local races for the June California Primary

  • County negotiates money-saving power purchase agreement

Legals

  • March 3 hearing on ordinance amending code for commercial cannabis uses

  • Feb. 12 public hearing on resolution to establish standards for agricultural roads

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