California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 8 - CALIFORNIA PARTNERSHIP FOR LONG-TERM CARE › Article 2 - CONDITIONS OF ISSUER PARTICIPATION › Section 58057 - Termination of Issuer Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Approval of the long-term care
					 Partnership Policy or Certificate of each Issuer is conditional upon the Issuer
					 fully complying with all requirements of this Chapter. The Director of the
					 Department of Health Services may disqualify any Issuer from participation in
					 the California Partnership for Long-Term Care, and may remove the approval
					 status of any Partnership Policy or Certificate issued by an Issuer, whenever
					 the Issuer fails to comply with any and all requirements of this
					 Chapter.
(b) Any disqualification
					 of an Issuer from participation in the California Partnership for Long-Term
					 Care, or the removal of the certification of any Partnership Policy or
					 Certificate, shall be after notice and hearing conducted in accordance with
					 Chapter 5, Part 1, Division 3, Title 2 of the Government Code (sections
					 11500 et seq.).
(c) The Director may temporarily suspend any
					 Issuer from participation in the California Partnership for Long-Term Care
					 prior to a hearing when there is a substantial probability that federal
					 financial participation will be adversely impacted by the Department's
					 continued certification of the Issuer's Policy or Certificate or by the
					 Issuer's continued participation in the California Partnership for Long-Term
					 Care, or where the activities of the participating Issuer are either
					 detrimental to the public interest or adversely impact other participating
					 Issuers, Partnership Policy or Certificate holders, or the California
					 Partnership for Long-Term Care. The Director shall notify the Issuer of any
					 temporary suspension, and the effective date thereof, and at the same time
					 shall serve the Issuer with a written description of the basis for the
					 suspension. Upon the receipt of a notice of defense from the Issuer, the
					 Director shall set the matter for hearing within 30 days after receipt of such
					 notice. The temporary suspension shall remain in effect until such time as the
					 hearing is completed and the Director has made a final determination on the
					 merits. The temporary suspension shall be deemed vacated if the Director fails
					 to make a determination on the merits within 60 days after the hearing was
					 completed.
(d) If the Department of
					 Health Services withdraws from the California Partnership for Long-Term Care or
					 removes the certification status of any long-term care insurance Policy or
					 Certificate, a Policy or Certificate holder who purchased a Policy or
					 Certificate while the Policy or Certificate was certified will retain his or
					 her right to the Medi-Cal Property Exemption. An individual who applies for any
					 policy or certificate after the removal of certification status will have no
					 right to the Medi-Cal Property Exemption.
(e) Any Issuer whose approval to market
					 Partnership Policies or Certificates is removed by the Director or any issuer
					 who discontinues selling a Partnership-approved Policy or Certificate, shall
					 continue to comply with all requirements of this Chapter including the
					 documentation and reporting requirements set forth in Article 6.
1. New
						section filed 8-30-93 as an emergency; operative 8-30-93 (Register 93, No. 36).
						Submitted for printing only pursuant to section
						22009,
						Welfare and Institutions Code.
2. Certificate of Compliance as to
						8-30-93 order transmitted to OAL 12-30-93 and filed 1-28-94 (Register 94, No.
						4).
3. Amendment of subsections (a)-(c) and new subsection (e) filed
						10-1-98 as an emergency; operative 10-1-98. Submitted to OAL for printing only
						pursuant to Welfare and Institutions Code section
						22009(d)
						(Register 98, No. 41). A Certificate of Compliance must be transmitted to OAL
						by 1-29-99 or emergency language will be repealed by operation of law on the
						following day.
4. Certificate of Compliance as to 10-1-98 order
						transmitted to OAL 1-28-99 and filed 3-15-99 (Register 99, No.
						12).
Note: Authority cited: Section
						  22009(a),
						  Welfare and Institutions Code. Reference: Sections
						  22001,
						  22003(b),
						  22005
						  and
						  22006,
						  Welfare and Institutions Code.