Expert Witness: How Medi-Cal Works: No Fraud Necessary

Qualified as EXPERT WITNESS: How Medi-Cal works: FAILURE TO DISCLOSE:

Case Summary: Self-described “Medi-Cal Advisor” per business card failed to disclose Medi-Cal rules, options, and eligibility methods when he sold “Viatical Limited Partnership” to elderly Well Spouse to qualify her Parkinsonism husband for LTC.

7/27/2004: IN-COURT TESTIMONY at Bench Trial in GC 032834 Metz vs. Laridon, Brooks Bridges et al.:
Testified for elderly Plaintiff/Well Spouse;
Explained Eligibility rules and process;
Explained how a “Medi-Cal Advisor” could have, and so should have, informed Well Spouse that she could obtain larger Community Spouse Resource Allowance (C.S.R.A.) by EITHER Fair Hearing OR Court Order, instead of selling “Viatical Limited Partnership” as use for $155,000 of non-exempt funds exceeding the statutory CSRA limit.

Professional Opinion: $115,000 investment by Well Spouse in questionable “Viatical Limited Partnership” was not legally necessary to establish LTC Medi-Cal eligibility of Ill Spouse for medical care for Parkinsonism at SNF.

Judgment granted for elderly Plaintiff: $2,179,733.73 for plaintiff (against defendant general partner) of which $250,000 cash restitution was paid from salesman to plaintiff Well Spouse, prior to her death from cancer.