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 9 - PROPERTY › Section 50453 - Checking and Savings Accounts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The entire amount in checking and savings
					 accounts to which the applicant or beneficiary has unrestricted access shall be
					 included in the property reserve, subject to the limitations in Section
					 50453.5 and the following
					 conditions:
(1) Income received during a
					 month and deposited in a checking or savings account shall not be considered as
					 property during that month.
(2)
					 Accounts held with persons who are not family members shall be considered
					 available in their entirety if the applicant or beneficiary has unrestricted
					 access to the funds, unless the conditions of (3) are met.
(3) If the applicant or beneficiary presents
					 evidence which clearly establishes that all or a portion of the funds specified
					 in (2) are the property of a person who is not a family member, those funds
					 shall not be considered the property of the applicant or
					 beneficiary.
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 50453.5 - Savings of a Child

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Reasonable amounts saved from a child's exempt earnings
						for future education or for other future identifiable needs are exempt as
						property.
1. New
						section filed 3-7-80; effective thirtieth day thereafter (Register 80, No.
						9).
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 50453.7 - Long-Term Care Insurance Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Property shall be exempt up to the amount
					 of benefits that have been paid for Long-Term Care services countable towards
					 the Medi-Cal property exemption as defined in Section
					 58023 in behalf of the Medi-Cal
					 applicant or Medi-Cal beneficiary under a certified long-term care insurance
					 policy or certificate certified by the State to provide this
					 exemption.
(b) Property exempted
					 under subsection (a) shall also be exempt from any recovery by the State of
					 payments made for medical services.
(c) Income received from property exempt
					 under subsection (a) shall be nonexempt and shall be treated in accordance with
					 regulations contained in Article 10 of Chapter 8.
(d) The Medi-Cal applicant or Medi-Cal
					 beneficiary shall provide verification from the insurance company of the amount
					 of qualified benefits paid which entitle that applicant or beneficiary to an
					 exemption under subsection (a). After notifying the Department in accordance
					 with Probate Code, Sections
					 215 and
					 9202, the
					 person handling the estate of a deceased Medi-Cal beneficiary shall also
					 provide verification to the Department from the insurance company of the amount
					 of qualified benefits paid which entitle that deceased beneficiary to an
					 exemption under subsection (b).
(1) If the
					 verification provided by the insurance company is found to be in error
					 resulting in the ineligibility of the Medi-Cal applicant or Medi-Cal
					 beneficiary, the County shall notify the Department to take appropriate actions
					 against the insurance company under Section
					 58082(e).
(2) If the verification provided by the
					 insurance company is found to be in such a condition that the County cannot
					 determine whether the Medi-Cal applicant or Medi-Cal beneficiary is entitled to
					 an exemption under subsection (a), the County shall determine that the Medi-Cal
					 applicant or Medi-Cal beneficiary is not entitled to such an exemption and
					 shall notify the Department to take appropriate actions against the insurance
					 company under Section
					 58082(f) of the
					 Partnership Regulations for Insurers.
(3) If the verification provided to the
					 Department by the person handling the estate of a deceased beneficiary is found
					 to be either in error, or in such a condition that the Department cannot
					 determine whether the deceased beneficiary is entitled to an exemption under
					 subsection (b), the Department shall take appropriate actions against the
					 insurance company under Section
					 58082(e) and
					 (f).
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 50454 - Income Tax Refunds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Income tax refunds shall be included in the property
						reserve.
1.
						Editorial correction adding NOTE filed 6-10-83 (Register 83, No.
						24).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Sections
						  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 50454.5 - California Franchise Tax Board Payments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following payments or funds received
					 from the California Franchise Tax Board shall be exempt:
(1) Renters Credits.
(2) Senior Citizens Homeowners and Renters
					 Property Assistance.
(3) Senior
					 Citizens Tax Postponement.
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 50455 - Lump Sum Payments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Nonrecurring lump sum social insurance payments, such as nonrecurring lump sum
					 payments of any of the items specified in section
					 50507(a)(1) through
					 (9), shall be included in the property
					 reserve, except as provided in (b).
(b) Retroactive SSI and Title II benefit
					 payments shall not be included in the property reserve for a period of six
					 months after the month in which they are received.
(c) The provisions of this regulation also
					 apply to eligibility determinations or redeterminations made retroactively to
					 October 1, 1984.
1.
						Editorial correction adding NOTE filed 6-10-83 (Register 83, No.
						24).
2. Amendment filed 4-15-85 as an emergency; effective upon
						filing (Register 85, No. 16). A Certificate of Compliance must be transmitted
						to OAL within 120 days or emergency language will be repealed on
						8-13-85.
3. Certificate of Compliance as to 4-15-85 order
						transmitted to OAL 8-13-85 and filed 9-18-85 (Register 85, No.
						38).
4. Change without regulatory effect amending subsection (a)
						filed 6-14-91 pursuant to section
						100, title 1, California Code of
						Regulations (Register 91, No. 35).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Sections
						  14005.4,
						  14005.7,
						  14005.8
						  and
						  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 50456 - Stocks, Bonds, Mutual Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Stocks, bonds and mutual funds shall be included in the
						property reserve. The value of these items shall be the closing price on the
						date the property is evaluated.
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 50457 - United States Savings Bonds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
United States Savings Bonds shall be included in the
						property reserve. The value of these bonds shall be the amount for which they
						can be sold.
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 50459 - Promissory Notes. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 12-15-77; effective thirtieth day thereafter (Register 77, No.
						51).
2. Repealer filed 11-26-80 as an emergency; effective upon
						filing (Register 80, No. 48). A Certificate of Compliance must be transmitted
						to OAL within 120 days or emergency language will be repealed on
						3-26-81.
3. Certificate of Compliance transmitted to OAL 3-9-81 and
						filed 4-7-81 (Register 81, No. 15).
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 50461 - Motor Vehicles

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) One
					 motor or other vehicle that is used for transportation shall be exempt, subject
					 to the following conditions:
(1) The applicant
					 or beneficiary shall be allowed to choose which vehicle used for transportation
					 shall be exempt except that recreational and commercial vehicles shall be
					 considered to be used for transportation only if other motor vehicles are not
					 available to provide transportation for the applicant or beneficiary.
(2) A vehicle owned by an applicant or
					 beneficiary who no longer drives shall be exempt when other individuals use the
					 vehicle to meet the transportation needs of the applicant or
					 beneficiary.
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 50463 - Boats, Campers, Trailers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 net market value of boats, campers, and trailers and mobile homes, which are
					 not assessed as real property by the county assessor, shall be included in the
					 property reserve unless exempt as either of the following:
(1) A principal residence.
(2) A vehicle used for
					 transportation.
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 50465 - Household Items

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All items used to furnish and equip a home shall be
						exempt.
1.
						Editorial correction adding NOTE filed 6-10-83 (Register 83 No.
						24).
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 50467 - Personal Effects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
					 items of clothing shall be exempt.
(b) The following jewelry shall be exempt:
(1) Wedding and engagement rings.
(2) Heirlooms.
(3) Any other item of jewelry with a net
					 market value of $100 or less.
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 50469 - Recreational Items

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
					 recreational items shall be exempt, except for:
(1) Recreational motor vehicles, such as
					 motor homes and snowmobiles, which shall be considered in accordance with
					 Section 50461.
(2) Boats, campers and trailers, which shall
					 be considered in accordance with Section
					 50463.
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 50471 - Musical Instruments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All musical instruments shall be
						exempt.
1.
						Editorial correction adding NOTE filed 6-10-83 (Register 83, No.
						24).
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 50473 - Livestock and Poultry

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Livestock and poultry retained primarily for personal use shall be
					 exempt.
(b) The net market value of
					 livestock and poultry retained primarily for profit shall be included in the
					 property reserve except to the extent exempt as business property in accordance
					 with Section
					 50485.
(c) The net market value of livestock and
					 poultry shall be the net market value listed by the applicant or beneficiary on
					 the Statement of Facts, unless the county department determines further
					 verification is required. If verification is required:
(1) The applicant or beneficiary shall submit
					 three appraisals from persons or businesses dealing in livestock and poultry.
					 The average of these appraisals shall be the market value.
(2) Subtract any encumbrances of record from
					 the market value. This is the net market value.
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 50475 - Life Insurance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Life insurance policies, except term insurance, owned by
						a member of the MFBU on the life of any individual in the family shall be
						exempt if the combined face value of all of the policies on the insured
						individual is $1,500 or less. If the combined face value of all of the policies
						exceeds $1,500, the net cash surrender value of life insurance policies shall
						be included in the property reserve.
1.
						Amendment filed 6-3-87; operative 7-3-87 (Register 87, No. 24).
2.
						Editorial correction of printing error (Register 89, No.
						16).
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 50476 - Burial Insurance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Burial insurance with no cash surrender value shall be
						exempt. Burial insurance with a cash surrender value shall be considered a
						revocable burial fund and shall be treated as provided for in section
						50479.
1. New
						section filed 3-7-80 as an emergency; effective upon filing (Register 80, No.
						9). A Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed on 7-6-80.
2. Certificate of
						Compliance filed 6-6-80 (Register 80, No. 23).
3. Amendment filed
						5-29-91; operative 6-28-91 (Register 91, No.
						31).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Sections
						  11158,
						  12152
						  and
						  14006,
						  Welfare and Institutions Code; and Section
						  416.1231, Title 20, Code of
						  Federal 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 9 - PROPERTY › Section 50477 - Burial Plots, Vaults and Crypts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any burial plot, vault or crypt retained
					 by the applicant or beneficiary for use by any member of the family shall be
					 exempt. For the purposes of this section only, the family shall include the
					 applicant or beneficiary, his/her spouse, adult or minor children (including
					 adopted and stepchildren), siblings, parents, adoptive parents, and the spouses
					 of those individuals.
(b) The net
					 market value of any burial plot not exempted above is other real property and
					 shall be subject to all conditions placed on other real property in these
					 regulations.
(c) The net market
					 value of any burial vault or crypt not exempted above is personal property and
					 shall be included in the property reserve.
(d) The net market value of a burial plot,
					 vault or crypt shall be the net market value listed by the applicant or
					 beneficiary on the Statement of Facts, unless the county department determines
					 further verification is required. If verification is required:
(1) The applicant or beneficiary shall submit
					 a statement of value from the organization from which the plot, vault or crypt
					 was purchased. This statement of value shall be the market value.
(2) Subtract encumbrances of record from the
					 market value. This is the net market value.
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 50479 - Burial Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
					 of the following burial funds for an individual shall be exempt.
(1) Money or securities placed in an
					 irrevocable trust for funeral, cremation, or interment expenses with the
					 following trustees: any banking institution or trust company empowered by the
					 State of California to act as trustee in the handling of trust funds, cemetery
					 authority which has established an endowment care fund, or not less than three
					 persons one of whom may be in the employ of a funeral director.
(2) Money or securities placed in an
					 irrevocable trust created by the deposit in an insured savings institution made
					 by one person of his or her own money in his or her own name as trustee for a
					 funeral director to provide payment for funeral services rendered by the
					 funeral director upon the depositor's death.
(3) Life or burial insurance purchased
					 specifically for funeral, cremation, or interment expense, which is placed in
					 an irrevocable trust or which has no loan or surrender value available to the
					 recipient.
(4) Securities issued by
					 a licensed cemetery authority which by their terms are convertible only into
					 payment for funeral, cremation, or interment expenses.
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 50481 - Disaster and Emergency Assistance Payments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Disaster and emergency assistance payments, regardless of
						the date of receipt, and any interest earned from such payments, shall be
						permanently exempt and shall not be included in the property reserve. This
						exemption applies only to such payments received from federal, state, or local
						government agencies, or disaster assistance organizations.
1. New
						section filed 10-5-93; operative 11-4-93 (Register 93, No. 41).
2.
						Editorial correction of NOTE (Register 97, No.
						15).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Section
						  14006,
						  Welfare and Institutions Code; and
						  42 U.S.C. Sections
						  1382a(b)(11) and (12),
						  1382b(a)(6),
						  1396a(a)(10),
						  5121 et seq. and
						  5155(d).
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 50483 - Loans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Loans shall be
					 exempt as property in the month in which they are any of the following:
(1) Exempt as income in accordance with
					 Section 50533.
(2) Treated as income in the month of receipt
					 because no repayment is required.
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 50485 - Business Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Equipment, inventory, licenses and materials owned by the applicant or
					 beneficiary which are necessary for employment, for self-support or for an
					 approved plan of rehabilitation or self-care necessary for employment shall be
					 exempt.
(1) Equipment, inventory, licenses
					 and materials shall be considered necessary for employment if either of the
					 following conditions is met:
(A) The
					 applicant's or beneficiary's employer requires that the applicant or
					 beneficiary provide this property as a condition of employment.
(B) The applicant or beneficiary is currently
					 unemployed but has been required to use this property for employment in the
					 past and can provide reasonable evidence that the applicant or beneficiary is
					 actively seeking employment which will require the use of the same property.
					 This property shall be exempt for a maximum of one year from the date the
					 beneficiary became unemployed if this condition is met.
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 50487 - Stocks Held by Natives of Alaska

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Shares of stock in a regional or village corporation held
						by natives of Alaska for a 20 year period during which such stock cannot be
						conveyed, transferred or surrendered, shall be exempt.
1.
						Editorial correction adding NOTE filed 6-11-83 (Register 83, No.
						24).
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 50489.1 - Medicaid Qualifying Trusts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to Title 42, U.S.C., Section
					 1396 a(k) as it existed prior to
					 repeal, a Medicaid Qualifying Trust (MQT):
(1)
					 Is one which was established prior to August 11, 1993, other than by will, by
					 an individual or the individual's spouse, or by the individual's guardian,
					 conservator, or legal representative who is acting on the individual's behalf;
					 and which
(2) Provides that the
					 individual or the spouse may receive all or part of the income or principal of
					 the trust that is dispersed directly or to another person or entity on behalf
					 of that individual; and which
(3)
					 Gives the trustee(s) discretion in distributing funds to the individual, to the
					 spouse, or to another person or entity on behalf of that individual;
					 and
(4) Is not described in Section
					 50489.9, and
(5) May be revocable or irrevocable,
					 and
(6) May be established to
					 enable the individual or the spouse to qualify 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 9 - PROPERTY › Section 50489.5 - OBRA 93 Trusts Established On or After August 11, 1993

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An OBRA 93 trust:
(1) Is established, in part or in whole, with
					 assets of an individual or individual's spouse, on or after August 11, 1993,
					 other than by will; and
(2) Is not
					 described in Section
					 50489.9, and
(3) Shall be treated in accordance with the
					 remainder of this section.
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 10 - INCOME › Section 50501 - Income -General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Income includes benefits in cash or in kind from:
(1) Labor.
(2) Services provided.
(3) Business activities.
(4) Returns from real or personal
					 property.
(5)
					 Contributions.
(6) Other similar
					 sources.
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 10 - INCOME › Section 50503 - Gross Earned Income

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Gross earned income includes:
(1) Wages,
					 including amounts designated for meals provided by an employer or business
					 enterprise, salaries, bonuses and commissions from an employer or business
					 enterprise.
(2) Net profits from
					 self-employment as determined in accordance with Section
					 50505.
(3) Earnings under Title 1 of the Elementary
					 and Secondary Education Act.
(4)
					 Payments under the Job Training Partnership Act (JTPA). Payments which are
					 identified by the local JTPA office as an incentive payment or training
					 allowance shall be considered as gross unearned income.
(5) Payments under the Economic Opportunity
					 Act.
(6) Training incentive
					 payments and work allowances under ongoing manpower programs other than WIN or
					 JTPA.
(7) Income received for
					 having provided IHSS services.
(8)
					 Net income from real or personal property as determined in accordance with
					 Section 50508 which is the result of
					 continuous and appreciable effort on the part of the applicant or beneficiary.
					 This includes income from:
(A) Room and
					 board.
(B) The rental of rooms
					 which requires daily effort on the part of the beneficiary.
(C) A business enterprise.
(D) The sale of produce, livestock, poultry,
					 dairy products and other similar items.
(9) Earnings from public service
					 employment.
(10) Actual Earned
					 Income Tax Credit (EITC) payment received for taxable year 1980 and thereafter
					 whether received as a tax refund or received as an advance payment.
(11) Tips actually received for the
					 performance of work activities, notwithstanding the amount calculated by the
					 employer for tax withholding purposes.
(12) For purposes of applying Sections
					 50543,
					 50553.1,
					 50553.3, and
					 50553.5 of Title 22 of the
					 California Code of Regulations to AFDC-MN or MI persons, Temporary Workers
					 Compensation payments which are (i) employer funded, (ii) made to an individual
					 who remains employed during recuperation from a temporary illness or injury
					 pending his/her return to the job, and (iii) are specifically characterized
					 under State law as temporary wage replacements.
(13) For purposes of applying Sections
					 50543,
					 50553.1,
					 50553.3, and
					 50553.5 of Title 22 of the
					 California Code of Regulations to AFDC-MN or MI persons, State Disability
					 Insurance payments.
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 10 - INCOME › Section 50505 - Net Profit from Self-Employment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The net profit from self-employment shall
					 be an estimation of the annual net income for the current year based on the
					 federal tax return filed for the previous year as limited by (c).
(b) If there is no tax return for the
					 previous year or there is evidence that using the tax return would give an
					 inaccurate estimation of income, the county department shall use current
					 business records. In this circumstance, net profit shall be determined in
					 accordance with (d) and (e).
(c)
					 The following expenses, when used to determine annual net income on the federal
					 tax return, shall not be deducted:
(1)
					 Entertainment costs.
(2)
					 Depreciation.
(3) Purchase of
					 capital equipment expenditures.
(4)
					 Payments on the principal of loans for capital assets or durable
					 goods.
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 10 - INCOME › Section 50507 - Gross Unearned Income

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Gross unearned income includes:
(1) Old age,
					 survivors and disability insurance payments from the Social Security
					 Administration (OASDI).
(2)
					 Annuities, which are sums paid yearly or at other specific intervals in return
					 for payment of a fixed sum by the annuitant.
(3) Pensions.
(4) Retirement payments.
(5) Disability payments except for the State
					 Disability Insurance benefits considered to be earned income under Section
					 50503(a)(13) of
					 this Title.
(6) Veterans payments
					 which include:
(A) Pensions based on
					 need.
(B) Compensation
					 payments.
(C) Educational
					 assistance.
(7) Workers'
					 Compensation payments, except for any amount determined to be unavailable in
					 accordance with Section
					 50515, and except for Temporary
					 Workers Compensation payments considered to be earned income under Section
					 50503(a)(12) of
					 this Title.
(8) Railroad Retirement
					 and any other payments made by the Railroad Retirement Board.
(9) Unemployment Insurance
					 Benefits.
(10) Proceeds from a life
					 insurance policy which are in excess of the lesser of:
(A) $1,500.
(B) The amount expended on the insured
					 person's last illness and burial expenses.
(11) Other insurance payments.
(12) Loans which do not require
					 repayment.
(13) Gifts.
(14) Non-exempt child/spousal support,
					 whether provided voluntarily or by court order.
(15) Inheritances which are in the form of
					 cash, securities or other liquid assets.
(16) Contributions from any source.
(17) Prizes and awards.
(18) Net income from the rental of real or
					 personal property which is not considered gross earned income in accordance
					 with Section
					 50503(a)(8).
(19) Dividends.
(20) Interest payments from any source,
					 including trust, trust deeds and contracts of sale.
(21) Royalties, including but not limited to
					 payments to a holder of a patent or copyright, for the use of the invention, or
					 to the owner of a mine, oil well or similar holdings, for the extraction of the
					 product or other use.
(22) Income
					 of a PA or Other PA recipient which is not used to determine the recipient's
					 eligibility.
(23) Incentive
					 payments or training allowances under JTPA.
(24) Any other income which is available to
					 meet current needs in accordance with Section
					 50513.
(25) Any of the items specified in (10)
					 through (24) if received in a lump sum payment.
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 10 - INCOME › Section 50508 - Net Income from Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Net
					 income from property shall be considered in determining share of cost and shall
					 be computed as follows:
(1) If the income is
					 from the rental of real property, subtract the following expenses, as limited
					 by (b), from the gross income:
(A) Taxes and
					 assessments.
(B) Interest on
					 encumbrance payments. The principal portion of the payments shall not be
					 deducted.
(C) Insurance.
(D) Utilities.
(E) Upkeep and repairs. The amount of this
					 item shall be the greater of the following:
1.
					 The actual amount expended for upkeep and repairs during the month.
2. Fifteen percent of the gross monthly
					 rental plus $4.17 per month.
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 10 - INCOME › Section 50509 - Income in Kind

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Income
					 in kind is any support or maintenance received in kind from a person other than
					 a responsible relative for:
(1)
					 Housing.
(2) Utilities.
(3) Food.
(4) Clothing.
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 10 - INCOME › Section 50511 - Value of Income in Kind

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 value of the income in kind for the items specified in Section
					 50509(a) shall be
					 the lesser of the following:
(1) The actual
					 cost or net market value of the item, or
(2) The income in kind amounts effective July
					 1, 1981 for housing, utilities (including telephone), food and clothing
					 specified in (d) as adjusted for any increases or decreases in the cost of
					 living specified in (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 10 - INCOME › Section 50512 - Ownership of Income

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Except as specified in (b), income is considered to belong to the person who:
(1) Is named on a negotiable
					 instrument.
(2) Is given
					 cash.
(3) Receives the income in
					 kind.
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 10 - INCOME › Section 50513 - Availability of Income

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Only income which is actually available to meet the needs of a person or family
					 shall be considered in determining that person's or family's share of
					 cost.
(b) Income shall be
					 considered available in the month it is received unless it is:
(1) To be apportioned over time in accordance
					 with Section
					 50517.
(2) Unavailable in accordance with Section
					 50515.
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 10 - INCOME › Section 50515 - Unavailable Income

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Income which is not available to meet current needs of a person or family shall
					 not be considered in determining that person's or family's share of cost.
					 Unavailable income includes, but is not limited to, the following:
(1) That portion of Worker's Compensation and
					 other public or private insurance settlements which is either of the following:
(A) Designated for medical, legal or other
					 such expenses.
(B) Not controlled
					 by the applicant or beneficiary or person acting on his
					 behalf.
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 10 - INCOME › Section 50517 - Apportionment of Income over Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Income shall be considered available in
					 the month received, unless it is apportioned over time in accordance with the
					 following:
(1) Income earned and received in
					 more than eight but less than twelve months under an annual contract of
					 employment shall be apportioned equally over the period of the contract
					 beginning with the first month of the contract.
(2) Income received more frequently than
					 monthly or semi-monthly shall be converted to monthly income in accordance with
					 (3) if both of the following conditions are met:
(A) The beneficiary wishes to receive
					 Medi-Cal for more than two months.
(B) The beneficiary is to receive the income
					 for a full month.
(3)
					 Income shall be converted to monthly income by the following methods:
(A) Multiply weekly income by 4.33 or 4 
					 1/3.
(B) Multiply income received every two weeks
					 by 2.167 or 2 
					 1/6.
(4) Income received less frequently than
					 monthly shall be converted to monthly income by the following methods.
(A) Divide quarterly income by
					 three.
(B) Divide income received
					 every two months by two.
(5) Income from self-employment, as
					 determined in accordance with Section
					 50505, shall be determined on an
					 annual basis and apportioned monthly.
(6) Loans which do not require repayment and
					 are not exempt in accordance with Section
					 50533, and which specify that they
					 are to cover a certain period of time shall be apportioned over that period of
					 time.
(7) Interest income from a
					 deed of trust or contract of sale shall be determined on an annual basis and
					 apportioned monthly.
(8) Interest
					 income which is received less frequently than monthly and is not exempt as
					 specified in Section
					 50542 shall be apportioned as
					 follows:
(A) Determine the number of months
					 of the period during which the interest accrued.
(B) Divide the interest income by the number
					 of months in the interest period.
(C) Consider the amount determined in (B) as
					 income in each of the months of the next interest
					 period.
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 10 - INCOME › Section 50517.1 - Apportionment of Income Exemptions and Deductions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Income exemptions and deductions shall be
					 apportioned over time using the procedures for apportioning income over
					 time.
1. New
						section filed 12-15-77; effective thirtieth day thereafter (Register 77, No.
						51).
2. Editorial correction adding NOTE filed 6-11-83 (Register 83,
						No. 24).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Sections
						  14005.4
						  and
						  14005.7,
						  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 10 - INCOME › Section 50518 - Fluctuating Income

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Fluctuating income shall be determined by estimating the amount to be received
					 in the month unless the conditions of (b) are met. This estimate shall be made
					 considering all of the following:
(1) The
					 income pattern over the last year.
(2) The actual income received in the last
					 month.
(3) The beneficiary's
					 statement of anticipated income.
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 10 - INCOME › Section 50519 - Income Exemptions and Deductions -General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Certain items of earned and unearned
					 income shall be exempt from consideration in determining a beneficiary's share
					 of cost. Income which remains after the application of the exemptions specified
					 in Sections
					 50523 through
					 50544 shall be nonexempt
					 income.
(b) Certain amounts of
					 income shall be deducted from nonexempt income to determine the net income to
					 be used in determining the share of cost. Income which remains after the
					 application of the deductions specified in Sections
					 50547 through
					 50555.2 shall be net nonexempt
					 income.
(c) Exemptions and
					 deductions do not apply uniformly to all MN and MI categories nor to both
					 earned and unearned income. Restrictions are stated where applicable.
1.
						Amendment of subsection (b) filed 8-18-82 as an emergency; effective upon
						filing (Register 82, No. 34). A Certificate of Compliance must be transmitted
						to OAL within 120 days or emergency language will be repealed on
						12-16-82.
2. Certificate of Compliance transmitted to OAL 12-16-82
						and filed 1-21-83 (Register 83, No. 4).
3. Amendment of NOTE filed
						4-12-83 (Register 83, No. 16).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code; and Section
						  57(c), Chapter
						  328, Statutes of 1982. Reference: Sections
						  14005.4
						  and
						  14005.7,
						  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 10 - INCOME › Section 50521 - Payments Exempt from Consideration as Income

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Income specified in Sections
						50523 through
						50544 shall be exempt. These
						exemptions shall apply to all MN and MI persons, unless otherwise
						specified.
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 10 - INCOME › Section 50523 - Property Tax Refunds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Refunds or rebates of taxes on real property shall be
						exempt.
1.
						Editorial correction adding NOTE filed 6-10-83 (Register 83, No.
						24).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Sections
						  14005.4
						  and
						  14005.7,
						  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 10 - INCOME › Section 50523.5 - California Franchise Tax Board Payments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The payments which are exempt property pursuant to
						Section 50454.5 shall also be exempt
						income in the month of receipt.
1. New
						section 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: Section
						  11008.4,
						  Welfare and Institutions Code.