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 7 - ALIENAGE, CITIZENSHIP AND RESIDENCE › Section 50302 - Restricted Medi-Cal Benefits for Certain Aliens

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Restricted Medi-Cal benefits" to certain
					 applicants and beneficiaries means program-covered services to treat an
					 emergency medical condition as defined in section
					 14007.5(d)
					 of the Welfare and Institutions Code and section
					 440.255 of title 42 of the Code of
					 Federal Regulations, and pregnancy-related services, as defined in section
					 1(g) of chapter
					 1441 of the Statutes of 1988 and section
					 440.255 of title 42 of the Code of
					 Federal Regulations.
(b) To be
					 eligible for restricted Medi-Cal benefits, an applicant or beneficiary shall be
					 a California resident, as specified in section
					 50320, who is one of the
					 following:
(1) An alien who lacks a document
					 from INS or an order issued by a District Director of INS, the Executive Office
					 of Immigration Review, or a federal court that serves as reasonable evidence of
					 satisfactory immigration status.
(2) A nonimmigrant alien legally admitted to
					 the U.S. for a limited period.
(3)
					 An amnesty alien whose status has been adjusted to lawful temporary resident or
					 lawful permanent resident in accordance with section
					 210,
					 210 A, or 245A of the Immigration
					 and Nationality Act (8 USC
					 section 1160,
					 1161, or
					 1255a) who is not eligible for full
					 Medi-Cal benefits under these regulations.
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 7 - ALIENAGE, CITIZENSHIP AND RESIDENCE › Section 50302.1 - Limitations on Medi-Cal Benefits for Aliens

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 11-5-96 as an emergency; operative 12-1-96 (Register 96, No. 45).
						A Certificate of Compliance must be transmitted to OAL by 3-31-97 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						language will be repealed by operation of law on the following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 Repealed by operation of Government Code section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 97, No. 49).
3. New section filed 12-1-97; operative
						12-1-97 pursuant to Government Code section
						11343.4(d)
						(Register 97, No. 49).
4. Change without regulatory effect repealing
						section filed 10-5-99 pursuant to section
						100, title 1, California Code of
						Regulations (Register 99, No. 41).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Sections
						  411,
						  431 and
						  432 of the Personal Responsibility
						  and Work Opportunity Reconciliation Act of 1996 (Pub.L. 104-193);
						  Sections 501 and
						  508 of Division C (the
						  "Immigration Reform and Immigrant Responsibility Act of 1996") of the Omnibus
						  Consolidated Appropriations Act, 1997 (Pub.L 104-208); Sections
						  5302,
						  5562,
						  5571 and
						  5581 of the Balanced Budget Act of
						  1997 (Pub.L.
						  105-33) as amended by Sections
						  401 and
						  403 of the Taxpayer Relief Act of
						  1997 (Pub.L.
						  105-34.);
						  8 USC Sections
						  1101(a)(15) and
						  1621(b); Sections
						  14007.5 and
						  14011, Welfare and Institutions
						  Code; and Section
						  1, Chapter 1441, Statutes of
						  1988.
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 7 - ALIENAGE, CITIZENSHIP AND RESIDENCE › Section 50303 - Alien Status Verification. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer and new section filed 10-20-88 as an emergency; operative 10-20-88
						(Register 88, No. 45). A Certificate of Compliance must be transmitted to OAL
						within 120 days or emergency language will be repealed on
						2-20-89.
2. Repealer and new section refiled 2-10-89 as an
						emergency; operative 2-15-89 (Register 89, No. 8). A Certificate of Compliance
						must be transmitted to OAL within 120 days or emergency language will be
						repealed on 6-15-89.
3. Repealer and new section refiled 6-5-89 as
						an emergency; operative 6-15-89 (Register 89, No. 23). A Certificate of
						Compliance must be transmitted to OAL within 120 days or emergency language
						will be repealed on 10-13-89.
4. Certificate of Compliance
						transmitted to OAL 10-12-89 and disapproved by OAL on 11-13-89 (Register 89,
						No. 48).
5. Repealer filed 11-14-89 as an emergency pursuant to
						section 9 of chapter 1441 of the Statutes
						of 1988; operative 11-14-89 (Register 89, No. 48). A Certificate of Compliance
						must be transmitted to OAL within 120 days or emergency language will be
						repealed on 3-14-90.
6. Repealer refiled 3-8-90 as an emergency
						pursuant to section
						9 of chapter 1441 of the Statutes
						of 1988; operative 3-13-90 (Register 90, No. 12). A Certificate of Compliance
						must be transmitted to OAL within 120 days or emergency language will be
						repealed on 7-11-90.
7. Certificate of Compliance as to 3-8-90 order
						transmitted to OAL 7-5-90 and disapproved 8-6-90 (Register 90, No.
						42).
8. Repealer filed 8-23-90 as an emergency pursuant to section
						9 of chapter 1441 of the Statutes
						of 1988; operative 8-23-90 (Register 90, No. 42). A Certificate of Compliance
						must be transmitted to OAL by 12-21-90 or emergency language will be repealed
						by operation of law on the following day.
9. Certificate of
						Compliance as to 8-23-90 order transmitted to OAL 11-20-90 and filed 12-17-90
						(Register 91, No. 5).
10. Editorial correction of printing error in
						HISTORY 8. (Register 91, No. 32).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code; and Section
						  9, Chapter 1441, Statutes of 1988.
						  Reference: Section
						  14007.5,
						  Welfare and Institutions Code; and Sections
						  1,
						  2 and
						  3, Chapter 1441, Statutes of
						  1988.
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 7 - ALIENAGE, CITIZENSHIP AND RESIDENCE › Section 50305 - Documentation of an Alien's Legal Status. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 10-20-88 as an emergency; operative 10-20-88 (Register 88, No.
						45). A Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed and former section reinstated as it existed
						prior to emergency repeal on 2-20-89.
2. Repealer refiled 2-10-89 as
						an emergency; operative 2-15-89 (Register 89, No. 8). A Certificate of
						Compliance must be transmitted to OAL within 120 days or emergency language
						will be repealed on 6-15-89.
3. Repealer refiled 6-5-89 as an
						emergency; operative 6-15-89 (Register 89, No. 23). A Certificate of Compliance
						must be transmitted to OAL within 120 days or emergency language will be
						repealed on 10-13-89.
4. Certificate of Compliance transmitted to
						OAL 10-12-89 and disapproved by OAL on 11-13-89 (Register 89, No.
						48).
5. Repealer filed 11-14-89 as an emergency pursuant to section
						9 of chapter 1441 of the Statutes
						of 1988; operative 11-14-89 (Register 89, No. 48). A Certificate of Compliance
						must be transmitted to OAL within 120 days or emergency language will be
						repealed on 3-14-90.
6. Repealer refiled 3-8-90 as an emergency
						pursuant to section
						9 of chapter 1441 of the Statutes
						of 1988; operative 3-13-90 (Register 90, No. 12). A Certificate of Compliance
						must be transmitted to OAL within 120 days or emergency language will be
						repealed on 7-11-90.
7. Certificate of Compliance as to 3-8-90 order
						transmitted to OAL 7-5-90 and disapproved 8-6-90 (Register 90, No.
						42).
8. Repealer filed 8-23-90 as an emergency pursuant to section
						9 of chapter 1441 of the Statutes
						of 1988; operative 8-23-90 (Register 90, No. 42). A Certificate of Compliance
						must be transmitted to OAL by 12-21-90 or emergency language will be repealed
						by operation of law on the following day.
9. Certificate of
						Compliance as to 8-23-90 order transmitted to OAL 11-20-90 and filed 12-17-90
						(Register 91, No. 5).
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 7 - ALIENAGE, CITIZENSHIP AND RESIDENCE › Section 50310 - WR 6 Procedure. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 10-20-88 as an emergency; operative 10-20-88 (Register 88, No.
						45). A Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed and former section reinstated as it existed
						prior to emergency repeal on 2-20-89.
2. Repealer refiled 2-10-89 as
						an emergency; operative 2-15-89 (Register 89, No. 8). A Certificate of
						Compliance must be transmitted to OAL within 120 days or emergency language
						will be repealed on 6-15-89.
3. Repealer refiled 6-5-89 as an
						emergency; operative 6-15-89 (Register 89, No. 23). A Certificate of Compliance
						must be transmitted to OAL within 120 days or emergency language will be
						repealed on 10-13-89.
4. Certificate of Compliance transmitted to
						OAL 10-12-89 and disapproved by OAL on 11-13-89 (Register 89, No.
						48).
5. Repealer filed 11-14-89 as an emergency pursuant to section
						9 of chapter 1441 of the Statutes
						of 1988; operative 11-14-89 (Register 89, No. 48). A Certificate of Compliance
						must be transmitted to OAL within 120 days or emergency language will be
						repealed on 3-14-90.
6. Repealer refiled 3-8-90 as an emergency
						pursuant to section
						9 of chapter 1441 of the Statutes
						of 1988; operative 3-13-90 (Register 90, No. 12). A Certificate of Compliance
						must be transmitted to OAL within 120 days or emergency language will be
						repealed on 7-11-90.
7. Certificate of Compliance as to 3-8-90 order
						transmitted to OAL 7-5-90 and disapproved 8-6-90 (Register 90, No.
						42).
8. Repealer filed 8-23-90 as an emergency pursuant to section
						9 of chapter 1441 of the Statutes
						of 1988; operative 8-23-90 (Register 90, No. 42). A Certificate of Compliance
						must be transmitted to OAL by 12-21-90 or emergency language will be repealed
						by operation of law on the following day.
9. Certificate of
						Compliance as to 8-23-90 order transmitted to OAL 11-20-90 and filed 12-17-90
						(Register 91, No. 5).
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 7 - ALIENAGE, CITIZENSHIP AND RESIDENCE › Section 50311 - Lawful Presence in the United States. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						subsection (c) filed 12-15-77; effective thirtieth day thereafter (Register 77,
						No. 51).
2. Repealer filed 10-20-88 as an emergency; operative
						10-20-88 (Register 88, No. 45). A Certificate of Compliance must be transmitted
						to OAL within 120 days or emergency language will be repealed and former
						section reinstated as it existed prior to emergency repeal on
						2-20-89.
3. Repealer refiled 2-10-89 as an emergency; operative
						2-15-89 (Register 89, No. 8). A Certificate of Compliance must be transmitted
						to OAL within 120 days or emergency language will be repealed on
						6-15-89.
4. Repealer refiled 6-5-89 as an emergency; operative
						6-15-89 (Register 89, No. 23). A Certificate of Compliance must be transmitted
						to OAL within 120 days or emergency language will be repealed on
						10-13-89.
5. Certificate of Compliance transmitted to OAL 10-12-89
						and disapproved by OAL on 11-13-89 (Register 89, No. 48).
6.
						Repealer filed 11-14-89 as an emergency pursuant to section
						9 of chapter 1441 of the Statutes
						of 1988; operative 11-14-89 (Register 89, No. 48). A Certificate of Compliance
						must be transmitted to OAL within 120 days or emergency language will be
						repealed on 3-14-90.
7. Repealer refiled 3-8-90 as an emergency
						pursuant to section
						9 of chapter 1441 of the Statutes
						of 1988; operative 3-13-90 (Register 90, No. 12). A Certificate of Compliance
						must be transmitted to OAL within 120 days or emergency language will be
						repealed on 7-11-90.
8. Certificate of Compliance as to 3-8-90 order
						transmitted to OAL 7-5-90 and disapproved 8-6-90 (Register 90, No.
						42).
9. Repealer filed 8-23-90 as an emergency pursuant to section
						9 of chapter 1441 of the Statutes
						of 1988; operative 8-23-90 (Register 90, No. 42). A Certificate of Compliance
						must be transmitted to OAL by 12-21-90 or emergency language will be repealed
						by operation of law on the following day.
10. Certificate of
						Compliance as to 8-23-90 order transmitted to OAL 11-20-90 and filed 12-17-90
						(Register 91, No. 5).
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 7 - ALIENAGE, CITIZENSHIP AND RESIDENCE › Section 50313 - Legal Entry for a Limited Period. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 10-20-88 as an emergency; operative 10-20-88 (Register 88, No.
						45). A Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed and former section reinstated as it existed
						prior to emergency repeal on 2-20-89.
2. Repealer refiled 2-10-89 as
						an emergency; operative 2-15-89 (Register 89, No. 8). A Certificate of
						Compliance must be transmitted to OAL within 120 days or emergency language
						will be repealed on 6-15-89.
3. Repealer refiled 6-5-89 as an
						emergency; operative 6-15-89 (Register 89, No. 23). A Certificate of Compliance
						must be transmitted to OAL within 120 days or emergency language will be
						repealed on 10-13-89.
4. Certificate of Compliance transmitted to
						OAL 10-12-89 and disapproved by OAL on 11-13-89 (Register 89, No.
						48).
5. Repealer filed 11-14-89 as an emergency pursuant to section
						9 of chapter 1441 of the Statutes
						of 1988; operative 11-14-89 (Register 89, No. 48). A Certificate of Compliance
						must be transmitted to OAL within 120 days or emergency language will be
						repealed on 3-14-90.
6. Repealer refiled 3-8-90 as an emergency
						pursuant to section
						9 of chapter 1441 of the Statutes
						of 1988; operative 3-13-90 (Register 90, No. 12). A Certificate of Compliance
						must be transmitted to OAL within 120 days or emergency language will be
						repealed on 7-11-90.
7. Certificate of Compliance as to 3-8-90 order
						transmitted to OAL 7-5-90 and disapproved 8-6-90 (Register 90, No.
						42).
8. Repealer filed 8-23-90 as an emergency pursuant to section
						9 of chapter 1441 of the Statutes
						of 1988; operative 8-23-90 (Register 90, No. 42). A Certificate of Compliance
						must be transmitted to OAL by 12-21-90 or emergency language will be repealed
						by operation of law on the following day.
9. Certificate of
						Compliance as to 8-23-90 order transmitted to OAL 11-20-90 and filed 12-17-90
						(Register 91, No. 5).
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 7 - ALIENAGE, CITIZENSHIP AND RESIDENCE › Section 50320 - California Residence -General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) California residence is a requirement for
					 Medi-Cal eligibility.
(b)
					 California residence shall be established by either of the following if the
					 verification requirements of Section
					 50320.1 are met:
(1) The applicant is physically present and
					 is living in California with the intention to remain permanently or for an
					 indefinite period.
(2) The
					 applicant is physically present, is living in California and entered the State
					 with a job commitment or to seek employment, whether or not currently
					 employed.
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 7 - ALIENAGE, CITIZENSHIP AND RESIDENCE › Section 50320.1 - California Residence -Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to the declaration of
					 residence on the MC 210 Statements of Facts (Medi-Cal), or on the SAWS 2
					 Statement of Facts, California residence is not established unless both of the
					 following conditions are met as required in Subdivision
					 50230(f):
(1) The applicant produces one of the
					 following:
(A) A current California rent or
					 mortgage receipt or utility bill in the applicant's name bearing the current
					 address of the applicant. Rent receipts provided by a relative shall not be
					 accepted for purposes of Section
					 50320.1(a)(1) in
					 the absence of other credible evidence that supports a finding that the
					 applicant is a resident of California pursuant to Section
					 50320(b) unless
					 the relative declares under penalty of perjury that the information set forth
					 on the rent receipt provided by the applicant is true and correct.
(B) A current and valid California motor
					 vehicle driver's license or California Identification Card issued by the
					 California Department of Motor Vehicles in the applicant's name bearing the
					 current address of the applicant.
(C) A current and valid California motor
					 vehicle registration in the applicant's name bearing the current address of the
					 applicant.
(D) A document showing
					 that the applicant is employed in this state.
(E) A document showing that the applicant has
					 registered with a public or private employment service in this state.
(F) Evidence that the applicant has enrolled
					 his or her children in a school in this state.
(G) Evidence that the applicant is receiving
					 public assistance other than Medi-Cal in this state.
(H) Evidence that the applicant has
					 registered to vote in this state.
(I) Any evidence produced in accordance with
					 subdivision b.
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 7 - ALIENAGE, CITIZENSHIP AND RESIDENCE › Section 50321 - Temporary Absence from the State

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Residence shall not be affected by
					 temporary absence from the State for periods of 60 days or less. An absence of
					 60 days or less shall be presumed to be a temporary absence unless there is
					 evidence to the contrary.
(b) An
					 application, restoration, redetermination or reapplication from an applicant or
					 beneficiary who is temporarily absent from the State for 60 days or less shall
					 be accepted.
1. New
						NOTE filed 5-17-93 as an emergency with Secretary of State by the Department of
						Health Services; operative 5-17-93. Submitted to OAL for printing only pursuant
						to 1992 Senate Bill 485 (Register 93, No. 21).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: 42 Code of Federal Regulations
						  435.403.
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 7 - ALIENAGE, CITIZENSHIP AND RESIDENCE › Section 50323 - Absence from the State for More Than 60 Days

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Absence from the State for more than 60
					 days shall be presumptive evidence of the applicant's or beneficiary's intent
					 to change residence from California to a place outside the State unless the
					 person declares in writing both:
(1) An
					 intent to return to California.
(2)
					 The existence of one of the following circumstances:
(A) Illness or emergency circumstances which
					 prohibit return to California.
(B)
					 Family members with whom the applicant or beneficiary lives are California
					 residents and are physically present in the State.
(C) The applicant or beneficiary maintains
					 California housing arrangements.
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 7 - ALIENAGE, CITIZENSHIP AND RESIDENCE › Section 50325 - Death During Absence from the State

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A person who dies during an absence from the State shall
						be considered a resident if there is evidence that the requirements of Section
						50321 or Section
						50323 were met at the time of
						death.
1. New
						NOTE filed 5-17-93 as an emergency with Secretary of State by the Department of
						Health Services; operative 5-17-93. Submitted to OAL for printing only pursuant
						to 1992 Senate Bill 485 (Register 93, No. 21).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: 42 Code of Federal Regulations
						  435.403.
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 7 - ALIENAGE, CITIZENSHIP AND RESIDENCE › Section 50327 - Persons Living on Land Leased or Owned by the United States

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Persons living within the boundaries of California on
						land owned or leased by the Federal Government shall be considered California
						residents.
1. New
						NOTE filed 5-17-93 as an emergency with Secretary of State by the Department of
						Health Services; operative 5-17-93. Submitted to OAL for printing only pursuant
						to 1992 Senate Bill 485 (Register 93, No. 21).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: 42 Code of Federal Regulations
						  435.403.
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 7 - ALIENAGE, CITIZENSHIP AND RESIDENCE › Section 50329 - Persons on Parole from Correctional or Other Institutions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Persons on parole from correctional or other institutions
						may establish California residence.
1. New
						NOTE filed 5-17-93 as an emergency with Secretary of State by the Department of
						Health Services; operative 5-17-93. Submitted to OAL for printing only pursuant
						to 1992 Senate Bill 485 (Register 93, No. 21).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: 42 Code of Federal Regulations
						  435.403.
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 7 - ALIENAGE, CITIZENSHIP AND RESIDENCE › Section 50331 - United States Citizen Children of Aliens. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 2-6-80 as an emergency; effective upon filing. A Certificate of
						Compliance must be transmitted to OAH within 120 days or emergency language
						will be repealed on 6-6-80 (Register 80, No. 6).
2. Certificate of
						Compliance filed 6-6-80 (Register 80, No. 23).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Section
						  14007,
						  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 7 - ALIENAGE, CITIZENSHIP AND RESIDENCE › Section 50333 - Foster Children and Institutionalized Persons Placed Out-of-State

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A child placed
					 in out-of-state foster care maintains California residence if the child was
					 placed under either of the following:
(1)
					 Through the Interstate Compact on the Placement of Children.
(2) By a state or county agency responsible
					 for the child's care.
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 7 - ALIENAGE, CITIZENSHIP AND RESIDENCE › Section 50334 - Out-of-State Foster Children and Institutionalized Persons Placed in California

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 An out-of-state child placed in foster care in California is a California
					 resident if both of the following conditions are met:
(1) The child was placed by an out-of-state
					 court directly with a guardian or foster parent in California.
(2) The other state has not adopted the
					 Interstate Compact on the Placement of Children.
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 7 - ALIENAGE, CITIZENSHIP AND RESIDENCE › Section 50336 - Other Persons in Out-of-State Institutions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Director shall have the authority to
					 determine the state of residence for a person who is living in an institution
					 in another state when that state's medical assistance agency claims the person
					 is a California resident.
(b)
					 Applications for Medi-Cal on behalf of the persons specified in (a) shall be
					 referred to the Director by the county department.
(c) The determination shall be made in
					 accordance with federal Medicaid regulation
					 42 CFR
					 435.403, and shall be based upon such factors
					 as the person's age, competency, former state of physical presence, the
					 residence of the person's parents or in accordance with an interstate agreement
					 entered into by the Director and another state's medical assistance
					 agency.
1. New
						section filed 10-23-81; effective thirtieth day thereafter (Register 81, No.
						43).
2. Amendment of subsection (c) filed 5-17-93 as an emergency
						with Secretary of State by the Department of Health Services; operative
						5-17-93. Submitted to OAL for printing only pursuant to 1992 Senate Bill 485
						(Register 93, No. 21).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Section
						  14007,
						  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 7 - ALIENAGE, CITIZENSHIP AND RESIDENCE › Section 50338 - Other Persons in California Institutions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Persons living in California
					 institutions, other than persons specified in Section
					 50334 shall be considered
					 California residents.
(b)
					 Notwithstanding (a), the Director shall have the authority to determine the
					 state of residence for persons in California institutions in accordance with
					 federal Medicaid regulation 42 CFR 435.403. The determination
					 shall be based upon such factors as the person's age, competency, former state
					 of physical presence and the residence of the person's parents, or in
					 accordance with an interstate agreement entered into by the Director and
					 another state's medical assistance agency. The county department shall, upon
					 request by the Director, obtain the information necessary for the determination
					 to be made.
1. New
						section filed 10-23-81; effective thirtieth day thereafter (Register 81, No.
						43).
2. Amendment of subsection (b) filed 5-17-93 as an emergency
						with Secretary of State by the Department of Health Services; operative
						5-17-93. Submitted to OAL for printing only pursuant to 1992 Senate Bill 485
						(Register 93, No. 21).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Section
						  14007,
						  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 8 - RESPONSIBLE RELATIVES AND UNIT DETERMINATION › Section 50351 - Responsible Relatives

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The responsibility of a relative to contribute to the cost of health care
					 services of a Medi-Cal applicant or beneficiary shall be limited to spouse for
					 spouse and parent for child.
(b) In
					 determining Medi-Cal eligibility and share of cost, relative responsibility
					 shall be determined in accordance with the following:
(1) Relative responsibility shall be spouse
					 for spouse when the spouses are living together in the home.
(2) If one or both of the spouses is in LTC
					 or board and care, the spouses income and property shall be considered
					 available in determining each other's eligibility and share of cost in
					 accordance with the MFBU composition provision of Section
					 50377.
(3) If neither of the spouses is in LTC or
					 board and care but the spouses are living apart, the spouses shall have their
					 eligibility and share of cost determined as single persons the day following
					 the separation, if it is known that the separation will not be temporary in
					 accordance with Section
					 50071(b).
(4) Relative responsibility shall be parent
					 for child living in the parent's home and persons specified in (c), except that
					 the parents shall neither be held financially responsible for, nor asked or
					 required to contribute to, or provide other health care coverage for, the cost
					 of minor consent services which the child applies for in accordance with
					 Section 50147.1(a).
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 8 - RESPONSIBLE RELATIVES AND UNIT DETERMINATION › Section 50371 - Medi-Cal Family Budget Unit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The Medi-Cal Family Budget Unit (MFBU) shall be the basic unit of persons
					 considered in determining a person's or family's eligibility and share of cost.
					 The MFBU shall be established in accordance with Sections
					 50373 through
					 50379. Members of the MFBU may be
					 excluded from an established MFBU in accordance with Section
					 50381.
(b) Changes in the MFBU shall be reflected in
					 the share of cost determination within the time frames specified in Section
					 50565, except that the changes may
					 be reflected in the month the changes are reported if it is to the
					 beneficiary's advantage. Any advantage shall be explained to the beneficiary.
					 The beneficiary shall determine whether the change shall be reflected in the
					 month it is reported.
1.Amendment filed 1-28-77 as an emergency;
						effective upon filing (Register 77, No. 5).
2. Certificate of
						Compliance filed 4-22-77 (Register 77, No. 17).
3. Amendment of
						subsections (e) and (f) and repealer of subsection (i) filed 12-15-77;
						effective thirtieth day thereafter (Register 77, No. 51).
4.
						Amendment filed 3-7-80; effective thirtieth day thereafter (Register 80, No.
						9).
5. Amendment filed 1-8-81; effective thirtieth day thereafter
						(Register 81, No. 2).
6. Amendment of subsection (a) filed 4-17-89;
						operative 5-17-89 (Register 89, No. 48).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Sections
						  14005.5,
						  14005.7,
						  14008
						  and
						  14051,
						  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 8 - RESPONSIBLE RELATIVES AND UNIT DETERMINATION › Section 50374 - MFBU Determination -Child Stays Alternately with Each Parent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A child, who
					 stays alternately for periods of one month or less with each of his/her parents
					 and the parents are separated or divorced, shall be included in the MFBU of the
					 parent specified in this section. The child shall be included in the MFBU of
					 the parent:
(1) With whom the child stays for
					 the majority of time unless the other parent can establish that he/she has
					 majority responsibility, as defined in (c), or care and control of the
					 child.
(2) Who has majority
					 responsibility, as defined in (c), when the child spends an equal amount of
					 time with each parent.
(3) Who
					 applies for Medi-Cal on behalf of the child, when the child spends an equal
					 amount of time with each parent and each parent exercises an equal share of
					 care and control responsibilities. When both parents apply for Medi-Cal for
					 such a child, the child's MFBU shall be determined in accordance with
					 (b).
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 8 - RESPONSIBLE RELATIVES AND UNIT DETERMINATION › Section 50375 - Medi-Cal Family Budget Unit Determination, Stepparent Cases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Family members in a family which includes
					 a stepparent shall be in the same MFBU unless only the separate children of one
					 parent wish to receive Medi-Cal.
(b) If the applicant requests that only the
					 separate children of one parent receive Medi-Cal, the right to make this choice
					 and its effects shall be explained to the applicant at the time of the
					 face-to-face interview.
(c) The
					 stepparent unit shall consist of the following:
(1) Stepparent.
(2) Parent.
(3) Mutual children.
(4) Stepparent's separate
					 children.
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 8 - RESPONSIBLE RELATIVES AND UNIT DETERMINATION › Section 50377 - Medi-Cal Family Budget Unit (MFBU) Determination, Family Member in Long-Term Care or Board and Care

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
					 aged, blind or disabled person who is in LTC or board and care shall be in
					 his/her own MFBU, except as provided in (c).
(b) An aged, blind or disabled person's
					 spouse who is in LTC or board and care shall be in his/her own MFBU, except as
					 provided in (c).
(c) Spouses and
					 their children shall be in the same MFB for property evaluations until the end
					 of the sixth full month of LTC or board and care status when all of the
					 following conditions are met:
(1) Both spouses
					 are aged, blind or disabled.
(2)
					 One or both spouses is in LTC or board and care.
(3) Both spouses apply for and are eligible
					 for Medi-Cal.
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 8 - RESPONSIBLE RELATIVES AND UNIT DETERMINATION › Section 50379 - Ineligible Members of the Medi-Cal Family Budget Unit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Persons who are ineligible for Medi-Cal
					 for any of the following reasons shall be ineligible members of the MFBU, as
					 limited by (b).
(1) Refusal to apply for a
					 Social Security number except as specified in Section
					 50302(c).
(2) Refusal to apply for a Medicare health
					 insurance claim number.
(3) Refusal
					 to apply for and accept unconditionally available income.
(4) Inability to meet the basic eligibility
					 criteria for any of the Medi-Cal programs.
(5) Parents who reside outside the state and
					 who claim their children residing in the state as dependents in order to
					 receive a tax credit or deduction for state or federal income tax
					 purposes.
(6) Refusal by a parent
					 or caretaker relative to assign to the state all rights to medical support and
					 payments for medical care from any third party.
(7) Refusal by a parent or caretaker
					 relative, without good cause as specified in Section
					 50771.5, to cooperate in
					 establishing paternity for a child under eighteen years of age born out of
					 wedlock for whom Medi-Cal is requested and in obtaining medical support and
					 payments, and in identifying and providing information concerning any third
					 party who is or may be liable to pay for medical care or
					 support.
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 8 - RESPONSIBLE RELATIVES AND UNIT DETERMINATION › Section 50381 - Persons Excluded from the Medi-Cal Family Budget Unit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any child, other than an unborn or an
					 infant during the first two months of life, may be excluded from the MFBU. This
					 choice shall be the option of the person who has legal responsibility for the
					 child. Excluded children shall not:
(1) Apply
					 separately unless they apply for minor consent services.
(2) Be included in the MFBU for the purpose
					 of determining eligibility and share of cost.
(3) Be considered in determining the program
					 for which the persons included in the MFBU are eligible.
(4) Have their health care costs used to meet
					 the MFBU's share of cost.
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 9 - PROPERTY › Section 50401 - Property Evaluation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 After determining the appropriate Medi-Cal program for the members of the MFBU,
					 the county department shall evaluate the property holdings of the MFBU to
					 determine:
(1) Property to be included in
					 determining eligibility.
(2) The
					 value of the included property.
(3)
					 Whether the total value of the included property exceeds the property reserve
					 limits specified in Section
					 50420.
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 9 - PROPERTY › Section 50402 - Availability of Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Property which is not available shall not be considered
						in determining eligibility.
1. Change
						without regulatory effect adding NOTE filed 10-11-88 (Register 88, No.
						45).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Section
						  14006,
						  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 9 - PROPERTY › Section 50403 - Treatment of Property: Separate and Community Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The separate property and share of
					 community property of any person included in the MFBU shall be considered in
					 determining Medi-Cal eligibility.
(b) A spouse's share of community property is
					 always one-half of the current total community property.
(c) For purposes of establishing eligibility,
					 an interspousal agreement entered into pursuant to Welfare and Institutions
					 Code Section
					 14006.2
					 shall:
(1) be written, dated and signed by
					 both spouses or by a person who has the legal authority to enter into such
					 agreements on behalf of either spouse;
(2) list each asset being
					 transmuted;
(3) clearly designate
					 the owner of each asset;
(4) list
					 the value of each asset; and
(5)
					 evidence an equal division of the nonexempt community
					 property.
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 9 - PROPERTY › Section 50404 - Owner of Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 owner of property, for Medi-Cal eligibility purposes, shall be the person who
					 holds legal title to the property unless otherwise specified in these
					 regulations.
(b) Ownership of
					 property may be vested in one individual or shared with other
					 individuals.
(c) Notwithstanding
					 (a), a person shall be the owner of separate property designated in a written
					 interspousal agreement.
1. New
						subsection (c) filed 2-16-88 as an emergency; operative 2-16-88 (Register 88,
						No. 10). A Certificate of Compliance must be transmitted to OAL within 120 days
						or emergency language will be repealed on 6-15-88.
2. New subsection
						(c) refiled 6-16-88 as an emergency; operative 6-16-88 (Register 88, No. 26). A
						Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed on 10-14-88.
3. Emergency
						language of new subsection (c) refiled and operative 6-16-88 repealed on
						10-14-88 by operation of Government Code Section
						11346.1
						(Register 88, No. 49).
4. New subsection (c) filed 11-16-88;
						operative 11-16-88 pursuant to Government Code Section
						11346.2(d)
						(Register 88, No. 49).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Sections
						  14006
						  and
						  14006.2,
						  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 9 - PROPERTY › Section 50405 - Contracts of Sale

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Property purchased under a signed contract of sale by the applicant or
					 beneficiary shall be included in the property reserve of the applicant or
					 beneficiary.
(b) Property being
					 sold by the applicant or beneficiary under a signed contract of sale shall not
					 be considered the property of the applicant or beneficiary. The interest
					 payments received under the contract of sale shall be unearned income. The
					 principal payments received under the contract of sale shall be
					 property.
(c) Property being
					 purchased or sold under a verbal or unsigned contract of sale shall be
					 considered the property of the seller until the sale is complete.
1. Change
						without regulatory effect adding NOTE filed 10-11-88 (Register 88, No.
						45).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Section
						  14006,
						  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 9 - PROPERTY › Section 50406 - Conversion or Transfer of Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Conversion or transfer of property may affect
						eligibility. Sections
						50407 through
						50411 describe methods of
						converting or transferring property, and the effect of each method on
						eligibility.
1. Change
						without regulatory effect adding NOTE filed 10-11-88 (Register 88, No.
						45).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Sections
						  14006
						  and
						  14015,
						  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 9 - PROPERTY › Section 50407 - Conversion of Property -Treatment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Conversion of property in itself from one
					 form to another has no effect on eligibility; however, the property obtained
					 through a conversion may have an effect on eligibility and therefore shall be
					 evaluated to determine its effect.
(b) Insurance or other third-party payments
					 for the loss or damage of property shall be treated as converted property
					 rather than income.
1. Change
						without regulatory effect adding NOTE filed 10-11-88 (Register 88, No.
						45).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Sections
						  14006
						  and
						  14015,
						  Welfare and Institutions Code.