reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2 - Determination of Medi-Cal Eligibility and Share of Cost › Article 17 - DIALYSIS MEDI-CAL PROGRAM › Section 50805 - Real Property - Medi-Cal Special Treatment Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Real property means any interest in land and
						improvements.
1.
						Amendment filed 5-16-80 as an emergency; effective upon filing (Register 80,
						No. 20). A Certificate of Compliance must be transmitted to OAH within 120 days
						or emergency language will be repealed on 9-14-80.
2. Certificate of
						Compliance filed 8-22-80 (Register 80, No. 34).
3. Amendment filed
						3-25-81 as an emergency; effective upon filing (Register 81, No. 13). A
						Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed on 7-23-81.
4. Order of Repeal
						of 3-25-81 emergency order filed 4-3-81 by OAL pursuant to Government Code
						Section
						11349.6
						(Register 81, No. 14).
5. Amendment of section heading filed
						7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
6. Editorial correction of NOTE filed 11-10-83 (Register 83,
						No. 46).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Sections
						  14140,
						  14141,
						  14142,
						  14143,
						  14144
						  and
						  14144.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2 - Determination of Medi-Cal Eligibility and Share of Cost › Article 17 - DIALYSIS MEDI-CAL PROGRAM › Section 50807 - Personal Property - Medi-Cal Special Treatment Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Personal property means cash, savings accounts,
						securities and similar items; notes, mortgages and deeds of trust; the cash
						surrender value of life insurance on the life of the beneficiary, spouse or any
						member of the family; motor vehicles; and any other property or equity other
						than real property.
1.
						Amendment filed 5-16-80 as an emergency; effective upon filing (Register 80,
						No. 20). A Certificate of Compliance must be transmitted to OAH within 120 days
						or emergency language will be repealed on 9-14-80.
2. Certificate of
						Compliance filed 8-22-80 (Register 80, No. 34).
3. Amendment filed
						3-25-81 as an emergency; effective upon filing (Register 81, No. 13). A
						Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed on 7-23-81.
4. Order of Repeal
						of 3-25-81 emergency order filed 4-3-81 by OAL pursuant to Government Code
						Section
						11349.6
						(Register 81, No. 14).
5. Amendment of section heading filed
						7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
6. Editorial correction of NOTE filed 11-10-83 (Register 83,
						No. 46).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Sections
						  14140,
						  14141,
						  14142,
						  14143,
						  14144
						  and
						  14144.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2 - Determination of Medi-Cal Eligibility and Share of Cost › Article 17 - DIALYSIS MEDI-CAL PROGRAM › Section 50809 - Gross Income - Medi-Cal Special Treatment Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Gross income means adjusted annual gross income as used
						for purposes of federal income tax reporting.
1.
						Amendment filed 5-16-80 as an emergency; effective upon filing (Register 80,
						No. 20). A Certificate of Compliance must be transmitted to OAH within 120 days
						or emergency language will be repealed on 9-14-80.
2. Certificate of
						Compliance filed 8-22-80 (Register 80, No. 34).
3. Amendment filed
						3-25-81 as an emergency; effective upon filing (Register 81, No. 13). A
						Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed on 7-23-81.
4. Order of Repeal
						of 3-25-81 emergency order filed 4-3-81 by OAL pursuant to Government Code
						Section
						11349.6
						(Register 81, No. 14).
5. Amendment of section heading filed
						7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
6. Editorial correction of NOTE filed 11-10-83 (Register 83,
						No. 46).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Sections
						  14140,
						  14141,
						  14142,
						  14143,
						  14144
						  and
						  14144.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2 - Determination of Medi-Cal Eligibility and Share of Cost › Article 17 - DIALYSIS MEDI-CAL PROGRAM › Section 50811 - Annual Net Worth

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Annual net worth means the total market value of all
						property and gross income received for a 12-month period by the applicant or
						beneficiary, in accordance with Section
						50825.
1.
						Editorial correction adding NOTE filed 11-10-83 (Register 83, No.
						46).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Sections
						  14141,
						  14142,
						  14143,
						  14144
						  and
						  14144.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2 - Determination of Medi-Cal Eligibility and Share of Cost › Article 17 - DIALYSIS MEDI-CAL PROGRAM › Section 50813 - Percentage Obligation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Percentage obligation means the percent of the cost of
						dialysis or parenteral hyperalimentation and related services for which a
						Medi-Cal Special Treatment Programs beneficiary must either pay or assume full
						legal responsibility.
1.
						Amendment filed 5-16-80 as an emergency; effective upon filing (Register 80,
						No. 20). A Certificate of Compliance must be transmitted to OAH within 120 days
						or emergency language will be repealed on 9-14-80.
2. Certificate of
						Compliance filed 8-22-80 (Register 80, No. 34).
3. Amendment filed
						3-25-81 as an emergency; effective upon filing (Register 81, No. 13). A
						Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed on 7-23-81.
4. Order of Repeal
						of 3-25-81 emergency order filed 4-3-81 by OAL pursuant to Government Code
						Section
						11349.6
						(Register 81, No. 14).
5. Amendment filed 7-19-82; effective
						thirtieth day thereafter (Register 82, No. 30).
6. Editorial
						correction of NOTE filed 11-10-83 (Register 83, No.
						46).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Sections
						  14141,
						  14142,
						  14143,
						  14144
						  and
						  14144.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2 - Determination of Medi-Cal Eligibility and Share of Cost › Article 17 - DIALYSIS MEDI-CAL PROGRAM › Section 50815 - Application Process - Medi-Cal Special Treatment Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The county department shall receive and
					 act on applications for the Medi-Cal Special Treatment Programs in accordance
					 with Article 4.
(1) The Application for Public
					 Social Services, Form CA 1, shall be used as the application form.
(2) The name of the applicable Medi-Cal
					 Special Treatment Program shall be indicated immediately above the "Medi-Cal
					 card" box on Form CA 1.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2 - Determination of Medi-Cal Eligibility and Share of Cost › Article 17 - DIALYSIS MEDI-CAL PROGRAM › Section 50817 - Eligibility Requirements - Medi-Cal Special Treatment Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applicants for
					 Medi-Cal Special Treatment programs shall meet cooperation, citizenship,
					 residence, institutional status and transfer of property requirements in
					 Article 4, 6 and 9.
(b) Applicants
					 shall be eligible for Medi-Cal Special Treatment Programs--Only coverage if
					 they are all of the following:
(1) In need of
					 dialysis or parenteral hyperalimentation and related services.
(2) Otherwise eligible for Medi-Cal under
					 Section 50203 as Medically Needy or
					 Section 50251 as Medically Indigent except
					 for property which exceeds the limits set forth in Article 9.
(3) Not eligible for renal dialysis Medicare
					 if under 65 years of age. Medicare eligibility shall not affect Medi-Cal
					 Special Treatment Programs--Only eligibility for persons age 65 or for persons
					 applying for parenteral hyperalimentation coverage.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2 - Determination of Medi-Cal Eligibility and Share of Cost › Article 17 - DIALYSIS MEDI-CAL PROGRAM › Section 50819 - Verification Requirements - Medi-Cal Special Treatment Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All Medi-Cal
					 Special Treatment Program applicants or beneficiaries shall provide the
					 following:
(1) Applicable verification
					 required under Article 4.
(2) A
					 copy of the Social Security statement of Medicare status to the county
					 department within ten days of receipt.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2 - Determination of Medi-Cal Eligibility and Share of Cost › Article 17 - DIALYSIS MEDI-CAL PROGRAM › Section 50820 - Eligibility Determination for Medi-Cal Special Treatment Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The county
					 department shall determine a person's eligibility for the Medi-Cal Special
					 Treatment programs as follows:
(1) Persons
					 who apply for the Medi-Cal Dialysis Only Program or the Medi-Cal Dialysis
					 Supplement Program shall have their eligibility determined as of the month of
					 application.
(2) Persons who apply
					 for the Medi-Cal Parenteral Hyperalimentation Only Program or the Medi-Cal
					 Parenteral Hyperalimentation Supplement Program on or before the last day of
					 the second month following the month these regulations are effective shall have
					 their eligibility determined retroactively to January 1, 1981, for months in
					 which they otherwise meet program eligibility requirements.
(3) Persons who apply for the Medi-Cal
					 Parenteral Hyperalimentation Only Program or the Medi-Cal Parenteral
					 Hyperalimentation Supplement Program after the last day of the second month
					 following the month these regulations are effective shall have their
					 eligibility determined as of the month of application.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2 - Determination of Medi-Cal Eligibility and Share of Cost › Article 17 - DIALYSIS MEDI-CAL PROGRAM › Section 50821 - Medi-Cal Special Treatment Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall provide a Medi-Cal
					 Special Treatment Program card to each Medi-Cal Special Treatment Programs
					 beneficiary. Each Medi-Cal Special Treatment Program card shall identify the
					 program for which the beneficiary is eligible.
(b) The individual Medi-Cal Special Treatment
					 Program cards shall be authorization for payment of the cost of covered
					 services in accordance with regulations of the Department, if the costs of
					 those services:
(1) Were incurred during the
					 period covered by the Medi-Cal Special Treatment Programs card.
(2) Are not payable by a third party under
					 contractual or other legal entitlement.
(3) Are not paid or obligated by the Medi-Cal
					 Special Treatment Programs beneficiary as part of the percentage
					 obligation.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2 - Determination of Medi-Cal Eligibility and Share of Cost › Article 17 - DIALYSIS MEDI-CAL PROGRAM › Section 50823 - Beginning Date of Eligibility - Medi-Cal Special Treatment Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The beginning date of eligibility for the Medi-Cal
						Special Treatment Programs shall be the first of the month of application or
						the first of the month during which there is eligibility, whichever is later.
						However, the beginning date of eligibility for persons who apply for either the
						Medi-Cal Parenteral Hyperalimentation Only Program or the Medi-Cal Parenteral
						Hyperalimentation Supplement Program on or before the last day of the second
						month following the month these regulations are effective shall be the first of
						the month in which there is eligibility as determined pursuant to Section
						50820(a)(2).
1.
						Amendment filed 5-16-80 as an emergency; effective upon filing (Register 80,
						No. 20). A Certificate of Compliance must be transmitted to OAH within 120 days
						or emergency language will be repealed on 9-14-80.
2. Certificate of
						Compliance filed 8-22-80 (Register 80, No. 34).
3. Amendment filed
						3-25-81 as an emergency; effective upon filing (Register 81, No. 13). A
						Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed on 7-23-81.
4. Order of Repeal
						of 3-25-81 emergency order filed 4-3-81 by OAL pursuant to Government Code
						Section
						11349.6
						(Register 81, No. 14).
5. Amendment filed 7-19-82; effective
						thirtieth day thereafter (Register 82, No. 30).
6. Editorial
						correction of NOTE filed 11-10-83 (Register 83, No.
						46).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Sections
						  14141,
						  14142,
						  14143,
						  14144
						  and
						  14144.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2 - Determination of Medi-Cal Eligibility and Share of Cost › Article 17 - DIALYSIS MEDI-CAL PROGRAM › Section 50825 - Determination of Annual Net Worth

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Annual net worth shall be determined by
					 combining the net market value of all property, other than the property
					 excluded in (c), and the net income reasonably expected to be received in a
					 12-month period by the persons whose property and income are considered in
					 accordance with (b). The initial 12-month period shall begin on the first of
					 the month of initial eligibility.
(b) In determining the annual net worth of a
					 beneficiary, the property and income of the following persons shall be
					 considered:
(1) The beneficiary.
(2) The beneficiary's spouse.
(3) The beneficiary's parents, if the
					 beneficiary is all of the following:
(A) Under
					 21 years of age.
(B)
					 Unmarried.
(C) Living with the
					 parents.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2 - Determination of Medi-Cal Eligibility and Share of Cost › Article 17 - DIALYSIS MEDI-CAL PROGRAM › Section 50827 - Determination and Application of Percentage Obligation - Medi-Cal Special Treatment Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 percentage obligation shall be based upon the annual net worth of the Medi-Cal
					 Special Treatment Programs applicant or beneficiary.
(b) The percentage obligation shall be
					 applied to the cost of allowable services remaining unpaid, after the Medi-Cal
					 Special Treatment Programs beneficiary has utilized benefits available under
					 any other federal or state law or other contractual or legal
					 entitlements.
(c) The amount of the
					 percentage obligation shall not be:
(1) A
					 claim against any of the Medi-Cal Special Treatment Programs.
(2) Reimbursed by a third
					 party.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2 - Determination of Medi-Cal Eligibility and Share of Cost › Article 17 - DIALYSIS MEDI-CAL PROGRAM › Section 50829 - Declaration of Acceptance. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Editorial correction of NOTE filed 11-10-83 (Register 83,
						No. 46).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Sections
						  14142
						  and
						  14144.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2 - Determination of Medi-Cal Eligibility and Share of Cost › Article 17 - DIALYSIS MEDI-CAL PROGRAM › Section 50831 - Share of Cost - Medi-Cal Special Treatment Programs - Supplement Beneficiary

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Services within
					 the Medi-Cal scope of benefits, other than services covered under the Medi-Cal
					 Special Treatment Programs--Supplement shall be subject to a share of
					 cost.
(b) Share of cost shall be
					 determined in accordance with Section
					 50653.
(c) Costs which are paid or obligated by the
					 beneficiary under the Medi-Cal Special Treatment Programs--Supplement in any
					 one month shall be applied to the share of cost for that month.
(d) A Medi-Cal Special Treatment
					 Programs--Supplement beneficiary, who is a member of an MFBU which has met its
					 share of cost, shall be certified as eligible for Medi-Cal services and shall
					 be issued a Medi-Cal card in accordance with Section
					 50658. Once certified for full
					 Medi-Cal coverage, all Medi-Cal services received by a beneficiary during that
					 month shall be covered under the provisions of the full Medi-Cal program rather
					 than under the provisions of the Medi-Cal Special Treatment
					 Programs--Supplement.
1. New
						section filed 5-16-80 as an emergency; effective upon filing (Register 80, No.
						20). A Certificate of Compliance must be transmitted to OAH within 120 days or
						emergency language will be repealed on 9-14-80.
2. Certificate of
						Compliance filed 8-22-80 (Register 80, No. 34).
3. Amendment filed
						3-25-81 as an emergency; effective upon filing (Register 81, No. 13). A
						Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed on 7-23-81.
4. Order of Repeal
						of 3-25-81 emergency order filed 4-3-81 by OAL pursuant to Government Code
						Section
						11349.6
						(Register 81, No. 14).
5. Amendment filed 7-19-82; effective
						thirtieth day thereafter (Register 82, No. 30).
6. Editorial
						correction of NOTE filed 11-10-83 (Register 83, No.
						46).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Sections
						  14005.4,
						  14005.7,
						  14005.9,
						  14054
						  and
						  14144.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2 - Determination of Medi-Cal Eligibility and Share of Cost › Article 18 - STATE ADMINISTRATIVE HEARINGS › Section 50951 - Right to State Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Applicants or beneficiaries shall have the right to a State hearing if
					 dissatisfied with any action or inaction of the county department, the
					 Department of Health Services or any person or organization acting in behalf of
					 the county or he Department relating to Medi-Cal eligibility or benefits. There
					 is no right to a state hearing where the sole issue is the application of a
					 State or federal law and both of the following conditions are met:
(1) The applicant or beneficiary does not
					 question that the State or federal law has been correctly applied.
(2) The State or federal law requires a
					 reduction in Medi-Cal entitlement for some or all
					 beneficiaries.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2 - Determination of Medi-Cal Eligibility and Share of Cost › Article 18 - STATE ADMINISTRATIVE HEARINGS › Section 50953 - State Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Fair hearings under the provision of the statute specified in Section
					 50951(b) shall be
					 conducted in accordance with the regulations and procedures of the Department
					 of Social Services (DSS), unless otherwise specified in these regulations.
					 Department of Health Services regulations shall prevail over DSS regulations in
					 the circumstances of a State hearing related to termination or reduction of
					 medical services in accordance with Sections
					 51014.1 and
					 51014.2.
(b) Prehearing procedures and representation
					 at the hearing shall be the responsibility of the:
(1) County for those State hearings in which
					 the issue involves county action or inaction.
(2) Department for those State hearings in
					 which the issue involves Department action or inaction.
(3) Both the county and the Department when
					 the issue involves action or inaction by both the county and the
					 Department.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2 - Determination of Medi-Cal Eligibility and Share of Cost › Article 18 - STATE ADMINISTRATIVE HEARINGS › Section 50955 - Fair Hearing - Assistance in Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The county department shall assist the applicant or
						beneficiary in filing a request for a fair hearing, if the applicant or
						beneficiary requests such assistance.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2.5 - Third Party Liability › Article 1 - DEFINITIONS › Section 50960.2 - Annuity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Annuity" means a contract, which gives a person or
						entity the right to receive periodic payments of a fixed or variable sum,
						either for life or for a term of years, and which also may include a lump sum
						payment or periodic payments upon the death of the decedent.
1. New
						chapter 2.5, article 1 (sections
						50960.2-50960.36) and new section
						filed 3-23-2005; this filing is deemed an emergency and is exempt from review
						by OAL pursuant to Welfare and Institutions Code section
						14043.75(a);
						effective 3-23-2005 (Register 2005, No. 12). A Certificate of Compliance must
						be transmitted to OAL by 7-21-2005 or emergency language will be repealed by
						operation of law on the following day.
2. Repealed by operation of
						Government Code section
						11346.1(g)
						(Register 2005, No. 41).
3. New section filed 5-10-2006; operative
						5-10-2006 pursuant to Government Code section
						11343.4
						(Register
						2006,
						No. 19).
4. Change without regulatory effect amending NOTE filed
						4-15-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 16).
Note: Authority cited: Section
						  20, Health and Safety Code; and
						  Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Section
						  1396 p(b), 42 USC; Section
						  14009.5,
						  Welfare and Institutions Code; Belshé v. Hope (1995) 33 Cal. App. 4th
						  161; and California Advocates for Nursing Home Reform v. BontÃ¡
						  (2003) 106 Cal. App. 4th 498.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2.5 - Third Party Liability › Article 1 - DEFINITIONS › Section 50960.4 - Applicant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Applicant" means a dependent, heir, or survivor of the
						decedent seeking a waiver of his or her portion of the Department's estate
						claim due to substantial hardship.
1. New
						section filed 3-23-2005; this filing is deemed an emergency and is exempt from
						review by OAL pursuant to Welfare and Institutions Code section
						14043.75(a);
						effective 3-23-2005 (Register 2005, No. 12). A Certificate of Compliance must
						be transmitted to OAL by 7-21-2005 or emergency language will be repealed by
						operation of law on the following day.
2. Repealed by operation of
						Government Code section
						11346.1(g)
						(Register 2005, No. 41).
3. New section filed 5-10-2006; operative
						5-10-2006 pursuant to Government Code section
						11343.4
						(Register
						2006,
						No. 19).
4. Change without regulatory effect amending NOTE filed
						4-15-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 16).
Note: Authority cited: Section
						  20, Health and Safety Code; and
						  Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Section
						  1396 p(b), 42 USC; Section
						  14009.5,
						  Welfare and Institutions Code; Belshé v. Hope (1995) 33 Cal. App. 4th
						  161; and California Advocates for Nursing Home Reform v. BontÃ¡
						  (2003) 106 Cal. App. 4th 498.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2.5 - Third Party Liability › Article 1 - DEFINITIONS › Section 50960.6 - Dependent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Dependent" means an immediate family or blood relative
						of the decedent who relied on the decedent for support and who is entitled to
						receive estate property.
1. New
						section filed 5-10-2006; operative 5-10-2006 pursuant to Government Code
						section
						11343.4
						(Register
						2006,
						No. 19).
2. Change without regulatory effect amending NOTE filed
						4-15-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 16).
Note: Authority cited: Section
						  20, Health and Safety Code; and
						  Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Section
						  1396 p(b), 42 USC; Section
						  14009.5,
						  Welfare and Institutions Code; Belshé v. Hope (1995) 33 Cal. App. 4th
						  161; and California Advocates for Nursing Home Reform v. BontÃ¡
						  (2003) 106 Cal. App. 4th 498.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2.5 - Third Party Liability › Article 1 - DEFINITIONS › Section 50960.9 - Equity Interest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Equity interest" means the fair market value of the
						property to which the decedent held legal title or interest at the time of
						death (to the extent of such interest), less the amount owed in deeds of trust,
						mortgages, and liens on record at the time of death.
1. New
						section filed 3-23-2005; this filing is deemed an emergency and is exempt from
						review by OAL pursuant to Welfare and Institutions Code section
						14043.75(a);
						effective 3-23-2005 (Register 2005, No. 12). A Certificate of Compliance must
						be transmitted to OAL by 7-21-2005 or emergency language will be repealed by
						operation of law on the following day.
2. Repealed by operation of
						Government Code section
						11346.1(g)
						(Register 2005, No. 41).
3. New section filed 5-10-2006; operative
						5-10-2006 pursuant to Government Code section
						11343.4
						(Register
						2006,
						No. 19).
4. Change without regulatory effect amending NOTE filed
						4-15-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 16).
Note: Authority cited: Section
						  20, Health and Safety Code; and
						  Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Section
						  1396 p(b), 42 USC; Section
						  14009.5,
						  Welfare and Institutions Code; Belshé v. Hope (1995) 33 Cal. App. 4th
						  161; and California Advocates for Nursing Home Reform v. BontÃ¡
						  (2003) 106 Cal. App. 4th 498.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2.5 - Third Party Liability › Article 1 - DEFINITIONS › Section 50960.12 - Estate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Estate" means either:
(a) For individuals who die on or after
					 October 1, 1993, and for payments made on or after October 1, 1993, "estate" is
					 defined as all real and personal property and other assets in which the
					 decedent had any legal title or interest at the time of death (to the extent of
					 such interest), including assets conveyed to a dependent, heir, survivor, or
					 assignee of the decedent through joint tenancy, tenancy in common,
					 survivorship, life estate, living trust, annuities purchased on or after
					 September 1, 2004, life insurance policy that names the estate as the
					 beneficiary or reverts to the estate, or any retirement account that names the
					 estate as the beneficiary or reverts to the estate;
(b) For individuals who died prior to October
					 1, 1993, "estate" is defined according to the common law. For purposes of this
					 article, estate includes property that passes from a decedent to his or her
					 heirs by way of a revocable inter vivos trust.
1. New
						section filed 3-23-2005; this filing is deemed an emergency and is exempt from
						review by OAL pursuant to Welfare and Institutions Code section
						14043.75(a);
						effective 3-23-2005 (Register 2005, No. 12). A Certificate of Compliance must
						be transmitted to OAL by 7-21-2005 or emergency language will be repealed by
						operation of law on the following day.
2. Repealed by operation of
						Government Code section
						11346.1(g)
						(Register 2005, No. 41).
3. New section filed 5-10-2006; operative
						5-10-2006 pursuant to Government Code section
						11343.4
						(Register
						2006,
						No. 19).
4. Change without regulatory effect amending NOTE filed
						4-15-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 16).
Note: Authority cited: Section
						  20, Health and Safety Code; and
						  Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Section
						  1396 p(b), 42 USC; Section
						  14009.5,
						  Welfare and Institutions Code; Belshé v. Hope (1995) 33 Cal. App. 4th
						  161; and California Advocates for Nursing Home Reform v. BontÃ¡
						  (2003) 106 Cal. App. 4th 498.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2.5 - Third Party Liability › Article 1 - DEFINITIONS › Section 50960.15 - Estate Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Estate hearing" means a hearing conducted in person,
						before the hearing office appointed by the Director, in which an applicant may
						seek a waiver of the claim because of substantial hardship.
1. New
						section filed 3-23-2005; this filing is deemed an emergency and is exempt from
						review by OAL pursuant to Welfare and Institutions Code section
						14043.75(a);
						effective 3-23-2005 (Register 2005, No. 12). A Certificate of Compliance must
						be transmitted to OAL by 7-21-2005 or emergency language will be repealed by
						operation of law on the following day.
2. Repealed by operation of
						Government Code section
						11346.1(g)
						(Register 2005, No. 41).
3. New section filed 5-10-2006; operative
						5-10-2006 pursuant to Government Code section
						11343.4
						(Register
						2006,
						No. 19).
4. Change without regulatory effect amending NOTE filed
						4-15-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 16).
Note: Authority cited: Section
						  20, Health and Safety Code; and
						  Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Section
						  1396 p(b), 42 USC; Section
						  14009.5,
						  Welfare and Institutions Code; Belshé v. Hope (1995) 33 Cal. App. 4th
						  161; and California Advocates for Nursing Home Reform v. BontÃ¡
						  (2003) 106 Cal. App. 4th 498.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2.5 - Third Party Liability › Article 1 - DEFINITIONS › Section 50960.21 - Fair Market Value

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Fair market value" means the price that goods or
						property would bring in an open market of willing buyers and sellers, with
						neither party being under pressure to buy or sell, at the time of the
						decedent's death.
1. New
						section filed 3-23-2005; this filing is deemed an emergency and is exempt from
						review by OAL pursuant to Welfare and Institutions Code section
						14043.75(a);
						effective 3-23-2005 (Register 2005, No. 12). A Certificate of Compliance must
						be transmitted to OAL by 7-21-2005 or emergency language will be repealed by
						operation of law on the following day.
2. Repealed by operation of
						Government Code section
						11346.1(g)
						(Register 2005, No. 41).
3. New section filed 5-10-2006; operative
						5-10-2006 pursuant to Government Code section
						11343.4
						(Register
						2006,
						No. 19).
4. Change without regulatory effect amending NOTE filed
						4-15-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 16).
Note: Authority cited: Section
						  20, Health and Safety Code; and
						  Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Section
						  1396 p(b), 42 USC; Section
						  14009.5,
						  Welfare and Institutions Code; Belshé v. Hope (1995) 33 Cal. App. 4th
						  161; and California Advocates for Nursing Home Reform v. BontÃ¡
						  (2003) 106 Cal. App. 4th 498.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2.5 - Third Party Liability › Article 1 - DEFINITIONS › Section 50960.23 - Heir

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Heir" means a person who survives the decedent and is
						designated to receive some or all of the decedent's property.
1. New
						section filed 3-23-2005; this filing is deemed an emergency and is exempt from
						review by OAL pursuant to Welfare and Institutions Code section
						14043.75(a);
						effective 3-23-2005 (Register 2005, No. 12). A Certificate of Compliance must
						be transmitted to OAL by 7-21-2005 or emergency language will be repealed by
						operation of law on the following day.
2. Repealed by operation of
						Government Code section
						11346.1(g)
						(Register 2005, No. 41).
3. New section filed 5-10-2006; operative
						5-10-2006 pursuant to Government Code section
						11343.4
						(Register
						2006,
						No. 19).
4. Change without regulatory effect amending NOTE filed
						4-15-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 16).
Note: Authority cited: Section
						  20, Health and Safety Code; and
						  Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Section
						  1396 p(b), 42 USC; Section
						  14009.5,
						  Welfare and Institutions Code; Belshé v. Hope (1995) 33 Cal. App. 4th
						  161; and California Advocates for Nursing Home Reform v. BontÃ¡
						  (2003) 106 Cal. App. 4th 498.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2.5 - Third Party Liability › Article 1 - DEFINITIONS › Section 50960.26 - Irrevocable Transfer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Irrevocable transfer" means a grant of an interest in
						real property where the transferor does not retain the right to revoke the
						interest granted.
1. New
						section filed 3-23-2005; this filing is deemed an emergency and is exempt from
						review by OAL pursuant to Welfare and Institutions Code section
						14043.75(a);
						effective 3-23-2005 (Register 2005, No. 12). A Certificate of Compliance must
						be transmitted to OAL by 7-21-2005 or emergency language will be repealed by
						operation of law on the following day.
2. Repealed by operation of
						Government Code section
						11346.1(g)
						(Register 2005, No. 41).
3. New section filed 5-10-2006; operative
						5-10-2006 pursuant to Government Code section
						11343.4
						(Register
						2006,
						No. 19).
4. Change without regulatory effect amending NOTE filed
						4-15-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 16).
Note: Authority cited: Section
						  20, Health and Safety Code; and
						  Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Section
						  1396 p(b), 42 USC; Section
						  14009.5,
						  Welfare and Institutions Code; Belshé v. Hope (1995) 33 Cal. App. 4th
						  161; and California Advocates for Nursing Home Reform v. BontÃ¡
						  (2003) 106 Cal. App. 4th 498.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2.5 - Third Party Liability › Article 1 - DEFINITIONS › Section 50960.29 - Life Estate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Life estate" means an interest in real property whose
						duration is limited to the life of the estate holder or some other designated
						person, that grants the life estate tenant the right of occupancy and may
						include the right to receive any income derived from the
						property.
1. New
						section filed 3-23-2005; this filing is deemed an emergency and is exempt from
						review by OAL pursuant to Welfare and Institutions Code section
						14043.75(a);
						effective 3-23-2005 (Register 2005, No. 12). A Certificate of Compliance must
						be transmitted to OAL by 7-21-2005 or emergency language will be repealed by
						operation of law on the following day.
2. Repealed by operation of
						Government Code section
						11346.1(g)
						(Register 2005, No. 41).
3. New section filed 5-10-2006; operative
						5-10-2006 pursuant to Government Code section
						11343.4
						(Register
						2006,
						No. 19).
4. Change without regulatory effect amending NOTE filed
						4-15-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 16).
Note: Authority cited: Section
						  20, Health and Safety Code; and
						  Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Section
						  1396 p(b), 42 USC; Section
						  14009.5,
						  Welfare and Institutions Code; Belshé v. Hope (1995) 33 Cal. App. 4th
						  161; and California Advocates for Nursing Home Reform v. BontÃ¡
						  (2003) 106 Cal. App. 4th 498.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2.5 - Third Party Liability › Article 1 - DEFINITIONS › Section 50960.32 - Revocable Transfer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Revocable transfer" means a grant of an interest in real
						property where the transferor retains the right to revoke the interest granted,
						including a grant of a remainder interest in real property where the remainder
						interest does not transfer until the death of the grantor.
1. New
						section filed 3-23-2005; this filing is deemed an emergency and is exempt from
						review by OAL pursuant to Welfare and Institutions Code section
						14043.75(a);
						effective 3-23-2005 (Register 2005, No. 12). A Certificate of Compliance must
						be transmitted to OAL by 7-21-2005 or emergency language will be repealed by
						operation of law on the following day.
2. Repealed by operation of
						Government Code section
						11346.1(g)
						(Register 2005, No. 41).
3. New section filed 5-10-2006; operative
						5-10-2006 pursuant to Government Code section
						11343.4
						(Register
						2006,
						No. 19).
4. Change without regulatory effect amending NOTE filed
						4-15-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 16).
Note: Authority cited: Section
						  20, Health and Safety Code; and
						  Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Section
						  1396 p(b), 42 USC; Section
						  14009.5,
						  Welfare and Institutions Code; Belshé v. Hope (1995) 33 Cal. App. 4th
						  161; and California Advocates for Nursing Home Reform v. BontÃ¡
						  (2003) 106 Cal. App. 4th 498.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2.5 - Third Party Liability › Article 1 - DEFINITIONS › Section 50960.34 - Survivor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Survivor" means a person who becomes entitled to receive
						estate property by reason of having survived the decedent.
1. New
						section filed 5-10-2006; operative 5-10-2006 pursuant to Government Code
						section
						11343.4
						(Register
						2006,
						No. 19).
2. Change without regulatory effect amending NOTE filed
						4-15-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 16).
Note: Authority cited: Section
						  20, Health and Safety Code; and
						  Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Section
						  1396 p(b), 42 USC; Section
						  14009.5,
						  Welfare and Institutions Code; Belshé v. Hope (1995) 33 Cal. App. 4th
						  161; and California Advocates for Nursing Home Reform v. BontÃ¡
						  (2003) 106 Cal. App. 4th 498.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2.5 - Third Party Liability › Article 1 - DEFINITIONS › Section 50960.36 - Voluntary Post Death Lien

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Voluntary post death lien" means an encumbrance that is
						voluntarily agreed to and placed on real property to secure the unpaid portion
						of the Department's estate claim until the claim is paid in
						full.
1. New
						section filed 3-23-2005; this filing is deemed an emergency and is exempt from
						review by OAL pursuant to Welfare and Institutions Code section
						14043.75(a);
						effective 3-23-2005 (Register 2005, No. 12). A Certificate of Compliance must
						be transmitted to OAL by 7-21-2005 or emergency language will be repealed by
						operation of law on the following day.
2. Repealed by operation of
						Government Code section
						11346.1(g)
						(Register 2005, No. 41).
3. New section filed 5-10-2006; operative
						5-10-2006 pursuant to Government Code section
						11343.4
						(Register
						2006,
						No. 19).
4. Change without regulatory effect amending NOTE filed
						4-15-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 16).
Note: Authority cited: Section
						  20, Health and Safety Code; and
						  Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Section
						  1396 p(b), 42 USC; Section
						  14009.5,
						  Welfare and Institutions Code; Belshé v. Hope (1995) 33 Cal. App. 4th
						  161; and California Advocates for Nursing Home Reform v. BontÃ¡
						  (2003) 106 Cal. App. 4th 498.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2.5 - Third Party Liability › Article 2 - Estate Recovery › Section 50961 - Estate Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department shall claim against the estate of a decedent, or against any
					 recipient of the decedent's property by distribution or survival, an amount
					 equal to the lesser of:
(1) All payments made
					 by the Medi-Cal program on behalf of the decedent, except for those payments
					 specified under subsection (c) that are not included in the claim;
					 or,
(2) The decedent's equity
					 interest in the property at the time of death (to the extent of such
					 interest).