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 50320.2 - California Residency -County Verification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The county may request clarification of
					 the applicant's residency if it determines that any information provided as
					 part of his or her Medi-Cal application is inconsistent with the statement on
					 the MC 210 Statement of Facts (Medi-Cal), or on the SAWS 2 Statement of Facts
					 that the applicant is a resident of California.
(b) A declaration, affidavit, or other
					 statement from the applicant, or any other person that the applicant is a
					 resident of California is unacceptable as verification of residency in the
					 absence of other credible evidence that supports a finding that the applicant
					 is a resident of California pursuant to Section
					 50320(b).
(c) When an applicant claims an out-of-state
					 principal residence as exempt property under Section
					 50425, the county shall determine
					 that such an applicant is a resident of California only if a preponderance of
					 the credible evidence provided under Section
					 50320.1 supports a finding that
					 the applicant is a resident of California pursuant to Section
					 50320(b).
(d) A migrant worker who claims to be a
					 resident of California pursuant to Section
					 50320(b)(2) shall
					 provide evidence that he or she entered the state with a job commitment or
					 evidence that he or she entered the state to seek employment, whether or not
					 currently employed. The county shall determine that such an applicant is a
					 resident of California only if a preponderance of the credible evidence
					 supports a finding that the applicant is a resident of California pursuant to
					 Section 50320(b)(2).
(e) The county may determine that the claim
					 on the MC 210 Statement of Facts (Medi-Cal), or on the SAWS 2 Statement of
					 Facts is supported, and that the applicant is a resident of California if a
					 preponderance of the credible evidence produced by the applicant supports a
					 finding that the applicant is a resident of California. If a preponderance of
					 the credible evidence produced by the applicant does not support the finding
					 that the applicant is a resident of California, the applicant shall be
					 determined not to be a resident of California, shall be denied eligibility for
					 Medi-Cal benefits, and shall be afforded all notification and fair hearing
					 rights provided to any person denied eligibility for Medi-Cal.
(f) A denial of a determination of residency
					 may be appealed in the same manner as any other denial of eligibility. The
					 Administrative Law Judge shall receive any proof of residency offered by the
					 applicant and may inquire into any facts relevant to the question of residency.
					 A determination of residency shall not be granted unless a preponderance of the
					 credible evidence supports either the applicant's intent to remain indefinitely
					 in this state, or any other basis provided by the laws governing the Medi-Cal
					 program for establishing residency for Medi-Cal eligibility.
1. New
						section 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,
						  14007.1
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Section
						  66, Chapter 722, Statutes of 1992;
						  and 42 Code of Federal Regulations
						  435.403.