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 50408 - Transfer of Property Which Does Not Result in Ineligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Transfer of
					 property shall not result in ineligibility for Medi-Cal under any of the
					 following conditions:
(1) The property would
					 have been considered exempt pursuant to Section
					 50418 of Article 9 of Division 3
					 of this title at the time of transfer.
(2) The net market value of the property
					 transferred, when included in the property reserve, would not result in
					 ineligibility. The determination of value shall be made as of the time of
					 transfer. If eligibility exists, the value of the property shall no longer be
					 considered.
(3) Adequate
					 consideration is received. Adequate consideration is the fair market value of
					 the property as defined in Section
					 50412 and includes:
(A) A transfer which was to satisfy a legal
					 debt.
(B) A transfer which was to
					 reimburse someone other than a responsible relative, as specified in Section
					 50351, for care or benefits
					 provided on the basis of an agreement or understanding that reimbursement would
					 be made. The applicant or beneficiary shall provide evidence that clearly
					 establishes that the value of the care or benefits provided was reasonably
					 equivalent to the value of the property transferred.
(C) A written transmutation of a married
					 couple's nonexempt community property into equal shares of separate property
					 through an interspousal agreement.
(4) Foreclosure or repossession of the
					 property was imminent at the time of transfer, and there is no evidence of
					 collusion.
(5) The transfer was
					 made in return for an enforceable contract for life care which does not include
					 complete medical care. In this case, each full item of need provided under the
					 life care contract shall be considered income in kind in accordance with
					 Section 50509.
(6) The transfer was made without adequate
					 consideration but the applicant or beneficiary provides convincing evidence to
					 the county as specified in Section
					 50409(b), to
					 overcome the presumption that the transfer was for the purpose of establishing
					 eligibility or reducing the 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 50409 - Transfer of Property Which Results in Ineligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Transfer of property shall result in
					 ineligibility for Medi-Cal if:
(1) the
					 transfer met none of the conditions specified in Section
					 50408; or
(2) the transfer was in return for an
					 enforceable life care contract which includes complete medical
					 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 9 - PROPERTY › Section 50410 - Transfer of Property with Retention of a Life Estate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Property transferred by the applicant or beneficiary with
						retention of a life estate shall be treated as any other transfer to determine
						whether the transfer results in ineligibility.
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
						  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 50411 - Period of Ineligibility Due to Transfer of Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Following a determination of
					 ineligibility due to the transfer of property, there shall be a period of
					 ineligibility. This period shall be the time during which the net market value
					 of the property at the time of transfer, less consideration received, would
					 have supported the applicant or beneficiary and the applicant's or
					 beneficiary's family.
(b) The
					 period of ineligibility shall be computed in the following manner:
Determine the net market value of the property at the
						time of transfer less any consideration received which is the net value of the
						property transferred.
(2) Determine
					 the portion of the net value of the property transferred which, if included in
					 the property reserve at the time of transfer, would not have caused such
					 reserve to exceed the property limit that was applicable at that
					 time.
(3) The portion of the net
					 value of the property transferred that would not have fallen within the
					 property limit at the time of transfer is the excess net value of the property
					 transferred and shall be used to determine the period of
					 ineligibility.
(4) The number of
					 months in the period of ineligibility shall be determined by dividing the
					 excess net value of the property transferred by the monthly maintenance need
					 for the applicant or beneficiary and the applicant's or beneficiary's family.
					 The maintenance needs used shall be the maintenance needs in effect during each
					 individual month since the date of the transfer. Income received by the family
					 after the transfer shall not affect this computation.
(5) The period of ineligibility may be
					 further reduced by deducting the actual cost to the applicant or beneficiary of
					 the following:
(A) Medical expenses.
(B) Out-of-home care costs in excess of the
					 maintenance needs.
(C) Major home
					 repairs necessary to put the home into a liveable
					 condition.
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 50412 - Market Value of Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 market value of real property shall be (1) or (2), unless the applicant or
					 beneficiary chooses to meet the conditions of (3), and (3) is lower:
(1) The assessed value determined under the
					 most recent property tax assessment, if the property is located in
					 California.
(2) The value
					 established by applying the assessment method used in the area where the
					 property is located, if the property is located outside of
					 California.
(3) The value
					 established as the result of an appraisal by a qualified real estate appraiser,
					 if the appraisal is obtained by the applicant or beneficiary and provided to
					 the county department.
California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 2 - Determination of Medi-Cal Eligibility and Share of Cost › Article 9 - PROPERTY › Section 50413 - Encumbrances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Encumbrances of
					 record are obligations for which the property is security. Encumbrances
					 include, but are not limited to:
(1)
					 Loans.
(2) Attachments for debts
					 and taxes.
(3) Chattel mortgages
					 and liens.
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 50414 - Share of Encumbrances Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The share of encumbrances shall be
					 determined as follows:
(1) Determine the
					 total market value of the property.
(2) Determine the market value of the portion
					 of the property that is to be considered.
(3) Divide the amount determined in (2) by
					 the amount determined in (1) to obtain the percentage that the portion of
					 property is of the total property.
(4) Multiply the total encumbrances on the
					 property by the percentage determined in (3) above. This is the share of
					 encumbrances.
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 50415 - Net Market Value of Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The net market value of real or personal property is the owner's equity in that
					 property.
(b) The net market value
					 shall be determined by subtracting the encumbrances of record from the market
					 value.
(c) The net market value of
					 real or personal property owned jointly with other persons shall be determined
					 by subtracting the beneficiary's share of encumbrances from the beneficiary's
					 interest in the property.
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 50416 - Utilization Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Other real property, as specified in Section
					 50427(b), shall
					 be utilized in order to be exempt unless the net market value, when added to
					 the net market value of other nonexempt property, falls within the limits set
					 forth in Section
					 50420.
(b) The property is utilized if any of the
					 following requirements are met:
(1) The
					 beneficiary is receiving net yearly income from the property of at least six
					 percent of the net market value of the property.
(A) For property not limited to seasonal use,
					 this requirement is met if the net monthly income from the property is
					 one-twelfth of six percent of the net market value of the property.
(B) For property limited to seasonal use,
					 this requirement is met if the net yearly income is six percent of the net
					 market value of the property. Property limited to seasonal use includes, but is
					 not limited to:
1. Farmland.
2. Summer cabins.
(C) For purpose of determining net yearly
					 income from property limited to seasonal use, the year is considered to begin
					 in the first month of the year in which income normally begins. Income from all
					 months of the year shall be considered in determining net yearly income of the
					 property, regardless of the eligibility status of the beneficiary in those
					 months.
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 50417 - Utilization -Good Cause

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Good cause, as required in Section
					 50416(d), shall
					 be found only if the applicant or beneficiary has made a bona fide effort to
					 meet utilization requirements and is unable to do so because of circumstances
					 beyond such person's control.
(b)
					 Circumstances beyond a person's control shall include any of the following
					 situations:
(1) Death of a part owner of the
					 property and inability or refusal of the administrator or executor of the
					 estate or other responsible person to complete disposition of the property if
					 such person is other than the applicant or beneficiary.
(2) Misplaced reliance by the applicant or
					 beneficiary upon what appeared to be a bona fide offer. The county department
					 shall require a copy of the written offer for the property as evidence that the
					 offer was bona fide. Misplaced reliance may have resulted if the offer was
					 either of the following:
(A) Bona fide but the
					 purchaser was unable to complete the purchase.
(B) Apparently bona fide but eventually found
					 not to be bona fide.
(3)
					 Prolonged illness causing the seller to be homebound or hospitalized during the
					 utilization period and unable to take the necessary action to meet utilization
					 requirements or to arrange for an agent to do so.
(4) Like reasons which the county department
					 determines meet the general intent of good cause.
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 50418 - Exemption of Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Certain real and personal property is exempt and shall not be included in
					 determining eligibility. These property exemptions are specified in Sections
					 50425 through
					 50489.
(b) All real and personal property not exempt
					 as specified in (a) is nonexempt property.
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 50419 - Property Reserve

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The property reserve is the net market value of the
						nonexempt property of those persons whose property is considered in determining
						the eligibility of the MFBU.
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 50420 - Property Limit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 property reserve shall not exceed the following limits.
Number of Persons Whose
								  Property is Considered
Property Limit
								  1985
Property Limit
								  1986
Property Limit
								  1987
Property Limit
								  1988
Property Limit
								  1989
1 person..................
1,600
1,700
1,800
1,900
2,000
2 persons..................
2,400
2,550
2,700
2,850
3,000
3 persons..................
2,550
2,700
2,850
3,000
3,150
4 persons..................
2,700
2,850
3,000
3,150
3,300
5 persons..................
2,850
3,000
3,150
3,300
3,450
6 persons..................
3,000
3,150
3,300
3,450
3,600
7 persons..................
3,150
3,300
3,450
3,600
3,750
8 persons..................
3,300
3,450
3,600
3,750
3,900
9 persons..................
3,450
3,600
3,750
3,900
4.050
10 persons or
								  more..................
3,600
3,750
3,900
4,050
4,200
(b) The members of the MFBU shall be
					 ineligible for Medi-Cal if the condition specified in (a) above is not met at
					 some time during the month in which application is made.
(c) If the property reserve has been in
					 excess of the property limit from the first day of the month of application
					 through the date of application the MFBU shall be eligible under the following
					 conditions:
(1) The property reserve is
					 brought within the property limit in any manner other than transfer without
					 adequate consideration by the last day of the month of application.
(2) All other conditions of eligibility are
					 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 50420.5 - Separation of Community Property: Spouse in Long-Term Care Facility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The value of
					 property available to an applicant or beneficiary who is in a skilled nursing
					 or intermediate care facility and is in a MFBU separate from his or her spouse
					 shall be determined to meet the property reserve limits if the value as
					 determined in (1)(E) or (2)(D) of this subsection is equal to or less than the
					 applicable property reserve limit.
(1) If the
					 applicant or beneficiary has entered into an interspousal agreement prior to or
					 on the date of entry into a skilled nursing or intermediate care facility and
					 the agreement meets the requirements set forth in section
					 50403(c) and (d),
					 the county shall determine:
(A) The value of
					 the applicant or beneficiary's nonexempt separate property resulting from the
					 interspousal agreement.
(B) The
					 value of the applicant or beneficiary's one-half share of any nonexempt
					 community property acquired since or not included in the interspousal
					 agreement.
(C) The value of the
					 applicant or beneficiary's nonexempt separate property from sources other than
					 the interspousal agreement.
(D) The
					 value of any nonexempt separate property owned by the applicant or
					 beneficiary's spouse and/or the applicant or beneficiary's spouse's share of
					 nonexempt community property which is actually made available to the applicant
					 or beneficiary.
(E) The value of
					 property determined in (a)(1)(A) through (D) of this section remaining after
					 deducting expenditures made for the applicant or beneficiary's own benefit as
					 defined in (b) of this section and verified losses, if any, in the market value
					 of such property since the date of the interspousal
					 agreement.
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 50421 - Limits and Methods of Property Determination for the Qualified Medicare Beneficiary (QMB) or the Specified Low-Income Medicare Beneficiary (SLMB)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To qualify for
					 the QMB or SLMB programs, the net nonexempt property of a QMB or SLMB
					 applicant/beneficiary cannot exceed twice the Supplemental Security Income
					 (SSI) program property limit.
(1) Adult.
(A) A QMB or SLMB applicant/beneficiary who
					 is married or is 18 years of age or older shall be considered an adult for
					 purposes of this section.
(B) Only
					 the property of the QMB or SLMB applicant/beneficiary and his/her spouse, if
					 living in the home, shall be considered in determining net nonexempt property.
					 Such property shall be determined in accordance with Article 9 and shall be
					 compared to twice the SSI property limit for one person (or two persons, if the
					 spouse is living in the home).
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 50421.5 - Limits and Methods of Property Determination for the Qualified Disabled and Working Individual (QDWI)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To qualify for the QDWI program, the net
					 nonexempt property of a QDWI applicant/beneficiary cannot exceed twice the
					 Supplemental Security Income (SSI) resource limit in accordance with Section
					 1613, Title XVI of the Social
					 Security Act.
(b) Only the property
					 of the QDWI applicant/beneficiary and, if married, his/her spouse, if living in
					 the home, shall be considered in determining net nonexempt property. Such
					 property shall be determined in accordance with Section
					 50420.
1. New
						section filed 10-3-94 as an emergency; operative 10-3-94 (Register 94, No. 40).
						A Certificate of Compliance must be transmitted to OAL by 1-31-95 or emergency
						language will be repealed by operation of law on the following
						day.
2. Editorial correction of HISTORY NOTE 1 (Register 95, No.
						9).
3. Repealed by operation of Government Code section
						11346.1(g)
						(Register 95, No. 9).
4. New section refiled 3-3-95 as an emergency;
						operative 3-3-95 (Register 95, No. 9). A Certificate of Compliance must be
						transmitted to OAL by 7-1-95 or emergency language will be repealed by
						operation of law on the following day.
5. Certificate of Compliance
						as to 3-3-95 order including amendment of subsection (b) and NOTE transmitted
						to OAL 2-22-95 and filed 4-5-95 (Register 95, No.
						14).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code; and Section
						  12, Chapter 1430, Statutes of
						  1989. Reference: Section
						  14005.3,
						  Welfare and Institutions Code; and Sections
						  1396 a(a)(10)(E) and 1396d(s),
						  Title 42, United States 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 50422 - Liens. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 7-24-84 as an emergency; effective upon filing (Register 84, No.
						31). A Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed on 11-21-84.
2. Order of Repeal
						of 7-24-84 emergency order filed 12-20-84 by OAL pursuant to Government Code
						Section
						11349.6
						(Register 84, No. 51).
Note: Authority cited: Sections
						  10725,
						  14006.1
						  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 50423 - Items of Property to Be Considered

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The items of property to be considered in
					 determining eligibility are described in Sections
					 50425 through
					 50489. Each of these sections
					 indicates:
(1) Whether all or a portion of
					 the item of property is exempt.
(2)
					 The method for determining the net market value of the specific item of
					 property.
(3) Any other information
					 necessary to evaluate the 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 50425 - Property Used As a Principal Residence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A principal residence may consist of real
					 or personal property, fixed or mobile, located on land or water. The principal
					 residence includes land or buildings surrounding, contiguous to, or
					 appertaining to the residence.
(b)
					 The following items of real property may serve as a principal residence:
(1) A house.
(2) The entire multiple unit dwelling if any
					 portion of the multiple unit dwelling serves as the principal residence of the
					 applicant or beneficiary.
(3) The
					 items listed in (d). These items shall be considered as real property when they
					 are assessed as real property by the county assessor of the county in which the
					 property is located.
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 50426 - Property Used to Purchase a Principal Residence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The proceeds from the sale of real
					 property retained by an applicant or beneficiary who does not own a suitable
					 principal residence or who wishes to sell the current principal residence and
					 purchase a new principal residence shall be exempt for a period of six months
					 from the date of receipt of the proceeds so long as the proceeds from the sale
					 of the real property are intended to be used to purchase a principal residence.
					 Such proceeds may also be applied to the costs of moving, necessary
					 furnishings, and repair or alteration to the principal residence.
(b) If a portion of the proceeds specified in
					 (a) is diverted to some other purpose, the status of the remainder is not
					 affected provided such remainder is being retained to apply toward the purchase
					 of a principal residence.
1.
						Amendment filed 12-15-77; effective thirtieth day thereafter (Register 77, No.
						51).
2. Amendment filed 12-2-85 as an emergency; effective upon
						filing (Register 85, No. 50). A Certificate of Compliance must be transmitted
						to OAL within 120 days or emergency language will be repealed on
						4-1-86.
3. Certificate of Compliance transmitted to OAL 3-31-86 and
						filed 4-30-86 (Register 86, No. 18).
Note: Authority cited: Sections
						  10725,
						  14006.1
						  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 50427 - Other Real Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Real property not exempt as a principal residence, including deeds of trust as
					 specified in Section
					 50441(b), is
					 other real property.
(b) Other real
					 property not exempt under any other section of these regulations shall be
					 exempt if both of the following conditions are met:
(1) The combined net market value of all
					 other real property is $6,000 or less.
(2) The owner meets the utilization
					 requirements set forth in Section
					 50416.
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 50428 - Liens

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department
					 shall record a lien against the ownership interest in the principal residence
					 of an institutionalized beneficiary if the property meets the provisions of
					 Section 50425(a)(7)
					 unless:
(1) The individual did not receive a
					 Notice of Action according to the provisions of Section
					 50179 or has not had the
					 opportunity for a state hearing according to the provisions of Article 18
					 (commencing with Section
					 50951) of this Chapter. Such
					 Notice shall include the following:
(A) The
					 beneficiary has stated he/she does not intend to return to the principal
					 residence from long term care;
(B)
					 A lien will be recorded against the property for the cost of all Medi-Cal
					 claims paid or to be paid on the beneficiary's behalf.
(C) The recording of the lien does not mean
					 ownership of the property is lost or transferred.
(D) The requirements to list the property for
					 sale that the applicant or beneficiary must meet to remain eligible for
					 Medi-Cal in accordance with Section
					 50425.
(E) The beneficiary has the right to a county
					 level review and a state hearing prior to recording of the lien or imposing any
					 requirements to list the property for sale.
(F) The procedures for requesting a county
					 level review and the time limits within which such requests must be
					 made.
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 50429 - Value and Division of Real Property Where Part Is Used As a Home. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 7-24-84 as an emergency; effective upon filing (Register 84, No.
						31). A Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed on 11-21-84.
2. Order of Repeal
						of 7-24-84 emergency order filed 12-20-84 by OAL pursuant to Government Code
						Section
						11349.6
						(Register 84, No. 51).
3. Repealer filed 12-2-85 as an emergency;
						effective upon filing (Register 85, No. 50). A Certificate of Compliance must
						be transmitted to OAL within 120 days or emergency language will be repealed on
						4-1-86.
4. Certificate of Compliance transmitted to OAL 3-31-86 and
						filed 4-30-86 (Register 86, No. 18).
Note: Authority cited: Sections
						  10725,
						  14006.1
						  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 50431 - Land Contiguous to the Home -Value and Division. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 7-24-84 as an emergency; effective upon filing (Register 84, No.
						31). A Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed on 11-21-84.
2. Order of Repeal
						of 7-24-84 emergency order filed 12-20-84 by OAL pursuant to Government Code
						Section
						11349.6
						(Register 84, No. 51).
3. Repealer filed 12-2-85 as an emergency;
						effective upon filing (Register 85, No. 50). A Certificate of Compliance must
						be transmitted to OAL within 120 days or emergency language will be repealed on
						4-1-86.
4. Certificate of Compliance transmitted to OAL 3-31-86 and
						filed 4-30-86 (Register 86, No. 18).
Note: Authority cited: Sections
						  10725,
						  14006.1
						  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 50433 - Single Family Dwelling Used in Part As a Business -Value and Division. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 7-24-84 as an emergency; effective upon filing (Register 84, No.
						31). A Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed on 11-21-84.
2. Order of Repeal
						of 7-24-84 emergency order filed 12-20-84 by OAL pursuant to Government Code
						Section
						11349.6
						(Register 84, No. 51).
3. Repealer filed 12-2-85 as an emergency;
						effective upon filing (Register 85, No. 50). A Certificate of Compliance must
						be transmitted to OAL within 120 days or emergency language will be repealed on
						4-1-86.
4. Certificate of Compliance transmitted to OAL 3-31-86 and
						filed 4-30-86 (Register 86, No. 18).
Note: Authority cited: Sections
						  10725,
						  14006.1
						  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 50435 - Multiple Dwelling Unit -Value and Division. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 7-24-84 as an emergency; effective upon filing (Register 84, No.
						31). Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed on 11-21-84.
2. Order of Repeal
						of 7-24-84 emergency order filed 12-20-84 by OAL pursuant to Government Code
						Section
						11349.6
						(Register 84, No. 51).
3. Repealer filed 12-2-85 as an emergency;
						effective upon filing (Register 85, No. 50). A Certificate of Compliance must
						be transmitted to OAL within 120 days or emergency language will be repealed on
						4-1-86.
4. Certificate of Compliance transmitted to OAL 3-31-86 and
						filed 4-30-86 (Register 86, No. 18).
Note: Authority cited: Sections
						  10725,
						  14006.1
						  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 50437 - Land with More Than One Building -Value and Division. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 7-24-84 as an emergency; effective upon filing (Register 84, No.
						31). A Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed on 11-21-84.
2. Order of Repeal
						of 7-24-84 emergency order filed 12-20-84 by OAL pursuant to Government Code
						Section
						11349.6
						(Register 84, No. 51).
3. Repealer filed 12-2-85 as an emergency;
						effective upon filing (Register 85, No. 50). A Certificate of Compliance must
						be transmitted to OAL within 120 days or emergency language will be repealed on
						4-1-86.
4. Certificate of Compliance transmitted to OAL 3-31-86 and
						filed 4-30-86 (Register 86, No. 18).
Note: Authority cited: Sections
						  10725,
						  14006.1
						  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 50441 - Mortgages, Deeds of Trust and Other Promissory Notes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Mortgages, notes secured by deeds of
					 trust and other promissory notes which can be sold or discounted shall be
					 included in the property reserve, except as specified in (b).
(b) A mortgage, or a note secured by a deed
					 of trust, from the sale of real property owned by the applicant or beneficiary
					 shall be considered other real property and subject to all the conditions
					 placed upon other real property in these regulations.
(c) The market value of all mortgages and
					 notes shall be the value as established in (1), unless the applicant or
					 beneficiary chooses to meet the conditions of (2), and (2) is lower:
(1) The principal amount remaining on the
					 note.
(2) The appraised value
					 obtained by the applicant or beneficiary from a party qualified to appraise
					 such items. Parties qualified to appraise such items include, but are not
					 limited to, any of the following:
(A)
					 Banks.
(B) Savings and Loan
					 Associations.
(C) Credit
					 Unions.
(D) Licensed loan or
					 mortgage brokers.
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 50442 - Life Estate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 life estate interest in real property shall be considered real
					 property.
(b) A life estate
					 interest in personal property shall be considered personal property.
(c) The value of a life estate shall be:
(1) The entire market value of the property
					 on which the life estate is held if the applicant or beneficiary was the owner
					 of the property prior to selling the property and he/she is retaining a life
					 estate interest in the property, and the Life estate is revocable, or
(2) In all other instances, the value
					 determined in accordance with the California State Gift Inheritance Tax Formula
					 or, at the applicant's or beneficiary's option, a lesser value established by a
					 person qualified to appraise such items as described in Section
					 50441(c)
					 (2).
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 50443 - American Indian's Interest in Land Held in Trust by United States Government

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The entire market value of an American Indian's interest
						in land held in trust by the United States Government shall be
						exempt.
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 50445 - Federal Payments to Indians and Alaskan Natives -Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Payments received from the Federal
					 Government under Public Law
					 90-507 shall be excluded from consideration as
					 personal property when the total of nonexempt personal property, including such
					 payments does not exceed $2,000 for each individual. Payments converted into
					 other property shall be treated the same as the payments. However, if the
					 property received through such a conversion is again converted, the property
					 acquired is included in the property reserve unless otherwise exempt.
(b) Payments received from the Federal
					 Government under Public Law
					 92-254 or
					 Section
					 6 of
					 Public Law
					 87-775 shall be exempt.
(c) Per capita payments distributed pursuant
					 to any judgment of the Indian Claims Commission or the Court of Claims in favor
					 of any Indian Tribe are exempt.
(d)
					 Shares of stock and money payments made to Alaskan Natives under the Alaskan
					 Native Claims Settlement Act are exempt as long as the payments or stock remain
					 separately identifiable and not comingled with nonexempt resources. Any
					 property obtained from stock investments under the Act is not exempt.
(e) Receipts derived from lands, as specified
					 in Section
					 50537(e), shall
					 be exempt providing all of the following conditions are met. The monies:
(1) Are retained by the original
					 recipient.
(2) Are not
					 commingled.
(3) Can be separately
					 identified as a proportionate share of the applicant's or beneficiary's
					 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 50446 - Payments to Victims of the National Socialist Persecution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Payments received from the Federal
					 Republic of Germany (German Reparations Payments) pursuant to the federal law
					 on the Compensation of Victims of the National Socialist Persecution (Federal
					 Compensation Law) shall be exempt from consideration as personal property
					 provided these funds are not spent and are kept identifiable.
(b) If the funds referred to in subsection
					 (a) have been spent, the property acquired with the funds shall be included in
					 the property reserve unless otherwise exempt.
(c) If the exempt funds referred to in
					 subsection (a) have been commingled with nonexempt funds, it is the applicant's
					 or beneficiary's responsibility to be able to distinguish which are the exempt
					 commingled funds. It is presumed that withdrawals from an account in which
					 exempt and nonexempt funds have been commingled were made from the nonexempt
					 fund first.
1. New
						section filed 9-4-91; operative 10-4-91 (Register 92, No. 2).
2.
						Editorial correction of subsection (c) (Register 95, No.
						45).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Sections
						  14005.5
						  and
						  14006,
						  Welfare and Institutions Code, and Program Operations Manual SI
						  01120.405.
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 50448 - Payments to Victims of Crimes -Treatment as Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Payments made under the California Victims of Crimes
						program, which are exempt as income in the month of receipt in accordance with
						Section 50534, shall be exempt as property
						for the 9-month period beginning after the month in which the payment was
						received.
1. New
						section filed 10-4-93; operative 11-3-93 (Register 93, No.
						41).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code; Sections
						  1383(a)(9),
						  1382 b(a) and 1396a(r), Title 42,
						  United States Code. Reference: Section
						  13959,
						  Government Code; Section
						  14006(c),
						  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 50448.5 - Relocation Assistance Benefits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Relocation assistance benefits are
					 payments made by a public agency to a person who has been relocated as a result
					 of a program of area redevelopment, urban renewal, freeway construction, or any
					 other public development involving demolition or condemnation of existing
					 housing.
(b) Relocation Assistance
					 Benefits paid by a public agency shall be exempt provided these these funds are
					 not spent and are kept identifiable.
(c) If the exempt funds referred to in
					 subsection (b) have been commingled with nonexempt funds, it is the applicant's
					 or beneficiary's responsibility to be able to distinguish which are the exempt
					 commingled funds. It is presumed that withdrawals from an account in which
					 exempt and nonexempt funds have been commingled were made from the nonexempt
					 funds first.
1. New
						section filed 3-30-98; operative 4-29-98 (Register 98, No.
						14).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Sections
						  1396 a(r)(2) and 4636, Title 42,
						  United States Code; Sections
						  14005.4,
						  14005.7
						  and
						  14006,
						  Welfare and Institutions Code; and United States Department of Health and Human
						  Services Social Security Administration "Program Operations Manual SI
						  00830.655, SI 01130.670 and SI
						  01130.700."
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 50449 - Earned Income Tax Credit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The actual Earned Income Tax Credit (EITC) payment or an
						advance payment of the Earned Income Tax Credit made by an employer shall be
						exempt in the month following the month of receipt.
1. New
						section filed 2-2-93; operative 3-4-93 (Register 93, No.
						6).
Note: Authority cited: Sections
						  10725
						  and
						  14124.5,
						  Welfare and Institutions Code. Reference: Section
						  14006,
						  Welfare and Institutions Code; Sections
						  1612 b, 1613a and 1902r(2), Social
						  Security Act [42 U.S.C.
						  Sections 1382a(b),
						  1382b(a), and
						  1396a(r)(2)]
						  .
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 50451 - Cash on Hand

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Cash on hand shall be included in the property reserve,
						unless it is income received in that month.
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.