California Laws|Section 14005.62.

                                                

14005.62.  

(a) (1) Notwithstanding any other law, for an applicant or beneficiary whose eligibility is not determined using the modified adjusted gross income (MAGI)-based financial methods, as specified in Section 1396a(e)(14) of Title 42 of the United States Code, the department shall seek federal approval to implement a disregard of one hundred thirty thousand dollars ($130,000) in nonexempt property for a case with one member and sixty five thousand dollars ($65,000) for each additional household member, up to a maximum of ten members.

(2) This subdivision shall be implemented only after the director determines that systems have been programmed for the
disregards specified in paragraph (1) and they communicate that determination in writing to the Department of Finance, and no sooner than July 1, 2022.

(b) (1) Notwithstanding any other law, for an applicant or beneficiary described in subdivision (a), resources, including property or other assets, shall not be used to determine eligibility under the Medi-Cal program to the extent permitted by federal law. The department shall seek federal authority to disregard all resources as authorized by the flexibilities provided under Section 1396a(r)(2) of Title 42 of the United States Code or other available authorities.

(2) This subdivision shall be implemented only after the director determines that systems have been programmed for
these disregards and they communicate that determination in writing to the Department of Finance, and no sooner than January 1, 2024.

(c) (1)   Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement this section by means of county letters, provider bulletins or notices, policy letters, or other similar instructions, without taking regulatory action.

(2) Within two years of implementing the requirements set forth in subdivision (b), the department shall do both of the following:

(A) Adopt, amend, or repeal regulations in accordance with the requirements of Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and this section.

(B) Update its notices and forms to delete any reference to limitations on resources or assets.

(d) This section shall only be implemented to the extent consistent with federal law, upon the department obtaining any necessary federal approvals, and to the extent federal financial participation under the Medi-Cal program is available and not otherwise jeopardized.

(Added by Stats. 2021, Ch. 143, Sec. 364. (AB 133) Effective July 27, 2021.)
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The Alvarez Firm, a Law Corp. 760 Paseo Camarillo, Suite 315 Camarillo, California 93010 oC Oe NAD HW ek WN See A vA F&F wWwN = SO 18 19 20 21 22 23 24 25 26 27 28 RECEIVED FO! VENTURA Suenos NING JUN 29 2022 JUSTIN M. ALVAREZ, State Bar No. 223472 jalvarez@alvarezfirm.com Lamdien T. Le, State Bar No. 185331 dle@alvarezfirm.com THE ALVAREZ FIRM, A LAW CORPORATION 760 Paseo Camarillo, Suite 315 Camarillo, California 93010 Telephone: (805) 823-4200 Facsimile: (805) 246-1582 Atto…

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Ventura County, CA

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Jun 29, 2022

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