Skilled nursing facilities (SNF)
Skilled nursing facilities (SNF), commonly called nursing homes or rehab centers, provide temporary and long-term care for those who need medical care while recuperating, or for those who need assistance with daily living on a permanent basis. Financial planning for SNF is an important aspect of estate planning, one that should be discussed with your estate planning lawyer.
Medicare will cover SNF care only if all of the following are true:
1. You have Medicare Part A (Hospital Insurance) and have days left in your benefit period available to use.
2. You have a “qualifying hospital stay.” This means an inpatient hospital stay of at least 3 consecutive days, starting with the day the hospital admits you as an inpatient, but not including the day you leave the hospital You must enter the SNF within a short time of leaving a hospital, typically 30 days.
3. Your doctor has ordered the services you need for SNF care, which require the skills of professional personnel such as registered nurses, licensed practical nurses, physical therapists, occupational therapists, speech- language pathologists or audiologists, and are furnished by, or under the supervision of, these skilled personnel.
4. You require the skilled care on a daily basis and the services must be ones that, as a practical matter, can only be provided in a SNF on an inpatient basis. If you are in a SNF for skilled rehabilitation services only, your care is considered daily care even if the therapy services are offered just 5-6 days a week.
5. You need these skilled services for a medical condition that (a) was treated during a qualifying 3-day hospital stay; or (b) started whole you were getting SNF care for a medical condition that was treated during a hospital stay. For example, if you are in a SNF because you broke your hip and then have a stroke, Medicare may cover rehabilitation services for the stroke, even if you no longer need rehab for your hip.
6. The skilled services must be reasonable and necessary for the diagnosis or treatment of your condition.
7. You get these skilled services in a SNF that is certified by Medicare.
Medicare will pay up to 100 days of SNF coverage in a benefit period. Once you use those 100 days, your coverage is ended. However, if you have another 3-day qualifying hospital stay and meet the Medicare requirements listed above, you can get up to another 100 days of SNF benefits.
About the Author: Dustin MacFarlane, Esq.
California Licensed Attorney | Estate Planning Specialist
Dustin MacFarlane is the founder of California Probate and Trust, PC, with over 15 years of experience in estate planning, probate administration, and trust law. Licensed by the California State Bar, Dustin has helped thousands of California families protect their assets and plan for the future.
CA Bar License: Active | Practice Areas: Estate Planning, Probate, Trust Administration | Location: Granite Bay, CA
Why Estate Planning Matters in California
California has unique estate planning laws that differ significantly from other states. Without proper planning, your assets may not pass according to your wishes, and your family could face unnecessary probate court proceedings.
A comprehensive California estate plan typically includes:
- A revocable living trust to avoid probate
- Pour-over will as a safety net
- Advance health care directive
- Durable power of attorney for finances
- Beneficiary designations on retirement accounts and life insurance
How Trusts Work in California
California’s trust law (Probate Code Division 9) governs how trusts are created, administered, and terminated. Understanding these rules is essential for effective estate planning.
Key benefits of California trusts:
- Avoid probate: Assets in a properly funded trust bypass California’s lengthy probate process
- Privacy: Unlike wills (which become public in probate), trusts remain private
- Control: You maintain control during your lifetime and direct distribution after death
- Incapacity planning: Your successor trustee manages assets if you become incapacitated
- Tax planning: Trusts can help minimize estate and income taxes
Need Expert Estate Planning Guidance?
California estate planning law is complex and constantly evolving. Don’t navigate it alone.
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