Your recipients will receive an email with this envelope shortly and will be able to access it on trellis. You can always see your envelopes by clicking the Inbox on the top right hand corner.
Your subscription has successfully been upgraded.
14009.5.
(a) It is the intent of the Legislature, with the amendments made to this section by the act that added subdivision (g), to do all of the following:
(1) Limit Medi-Cal estate recovery only for those services required to be collected under federal law.
(2) Limit the definition
of “estate” to include only the real and personal property and other assets required to be collected under federal law.(3) Require the State Department of Health Care Services to implement the option in the State Medicaid Manual to waive its claim, as a substantial hardship, when the estate subject to recovery is a homestead of modest value, subject to federal approval.
(4) Prohibit recovery from the estate of a deceased Medi-Cal member who is survived by a spouse or registered domestic partner.
(5) Ensure that Medi-Cal members can easily and timely receive information about how much their estate may owe Medi-Cal when they die.
(b) Notwithstanding any other provision of this chapter, the department shall claim against the estate of the decedent, or
against any recipient of the property of that decedent by distribution, an amount equal to the payments for the health care services received or the value of the property received by any recipient from the decedent by distribution, whichever is less, only in either of the following circumstances:(1) Against the real property of a Medi-Cal member of any age who meets the criteria in Section 1396p(a)(1)(B) of Title 42 of the United States Code and who was or is an inpatient in a nursing facility in accordance with Section 1396p(b)(1)(A) of Title 42 of the United States Code.
(2) (A) The decedent was 55 years of age or older when the individual received health care services.
(B) The department shall not claim under this paragraph when there is any of the following:
(i) A surviving spouse or surviving registered domestic partner.
(ii) A surviving child who is under 21 years of age.
(iii) A surviving child who is blind or disabled, within the meaning of Section 1614 of the federal Social Security Act (42 U.S.C. Sec. 1382c).
(c) (1) The department shall waive its claim, in whole or in part, if it determines that enforcement of the claim would result in substantial hardship to other dependents, heirs, or survivors of the individual against whose estate the claim exists.
(2) In determining the existence of substantial hardship, in addition to other factors considered by the department consistent with federal law and guidance, the
department shall, subject to federal approval, waive its claim when the estate subject to recovery is a homestead of modest value.(3) The department shall notify individuals of the waiver provision and the opportunity for a hearing to establish that a waiver should be granted.
(d) If the department proposes and accepts a voluntary postdeath lien, the voluntary postdeath lien shall accrue interest at the rate equal to the annual average rate earned on investments in the Surplus Money Investment Fund in the calendar year preceding the year in which the decedent died or simple interest at 7 percent per annum, whichever is lower.
(e) (1) The department shall provide a current or former member, or his or her authorized representative designated under Section 14014.5, upon request, a copy of the
amount of Medi-Cal expenses that may be recoverable under this section through the date of the request. The information may be requested once per calendar year for a fee to cover the department’s reasonable administrative costs, not to exceed five dollars ($5) if the current or former member meets either of the following descriptions:(A) An individual who is 55 years of age or older when the individual received health care services.
(B) A permanently institutionalized individual who is an inpatient in a nursing facility, intermediate care facility for the intellectually disabled, or other medical institution.
(2) The department shall permit a member to request the information described in paragraph (1) through the Internet, by telephone, by mail, or through other commonly available electronic means. Upon receipt of
the request for information described in paragraph (1), the department shall work with the member to ensure that the member submits documentation necessary to identify the individual and process the member’s request.(3) The department shall conspicuously post on its Internet Web site a description of the methods by which a request under this subdivision may be made, including, but not limited to, the department’s telephone number and any addresses that may be used for this purpose. The department shall also include this information in its pamphlet for the Medi-Cal Estate Recovery Program and any other notices the department distributes to members specifically regarding estate recovery.
(4) Upon receiving a request for the information described in paragraph (1) and all necessary supporting documentation, the department shall provide the information requested within 90 days after
receipt of the request.(f) The following definitions shall govern the construction of this section:
(1) “Decedent” means a member who has received health care under this chapter or Chapter 8 (commencing with Section 14200) and who has died leaving property to others through distribution.
(2) “Dependents” includes, but is not limited to, immediate family or blood relatives of the decedent.
(3) “Estate” means all real and personal property and other assets in the individual’s probate estate that are required to be subject to a claim for recovery pursuant to Section 1396p(b)(4)(A) of Title 42 of the United States Code.
(4) “Health care services” means only those services required to be
recovered under Section 1396p(b)(1)(B)(i) of Title 42 of the United States Code.(5) “Homestead of modest value” means a home whose fair market value is 50 percent or less of the average price of homes in the county where the homestead is located, as of the date of the decedent’s death.
(g) The amendments made to this section by the act that added this subdivision shall apply only to individuals who die on or after January 1, 2017.
D [the “State Plan”], p. 53a.)8 Regardless, the plain language of section 14009.5 does not support the Department’s argument. Nor has the Department shown that section 14009.5 was amended to implement the State Plan. As for Regulation 50961, it contradicts the express language of section 14009.5, and as such, appears to be outside the authority bestowed on the Department by section 14124.5.
JENNIFER KENT V. HARDIE PHILLIP
17CV-0261
Jan 16, 2019
San Luis Obispo County, CA
Under the version of Welfare and Institutions Code section 14009.5 effective at the time of Decedents death, Decedents estate include[ed] probate and nonprobate transfers on death . . . . ( Belshe v. Hope (1995) 33 Cal.App.4th 161, 175.) Property in a revocable inter vivos trust is part of the estate of the decedent under the version of Welfare and Institutions Code section 14009.5 effective at the time of Decedents death. ( Bonta v. Burke (2002) 98 Cal.App.4th 788, 791-792.)
WILL LIGHTBURNE, DIRECTOR OF THE DEPARTMENT OF HEALTH CARE SERVICES VS TONY BLAND, ET AL.
21STCV23254
Jan 23, 2023
Los Angeles County, CA
Welfare and Institutions Code section 14009.5, subdivision (a), requires DHCS to “claim against the estate of the decedent … an amount equal to the payments for health care services received …” (See also 22 Cal. Code. Regs. § 50961.) Welfare and Institutions Code section 14009.5 creates a statutory liability upon the estate of decedent when health care services and premiums have been provided.
KENT V. DILLARD
16CECG03721
May 29, 2018
Jeff Hamilton
Fresno County, CA
Other
Intellectual Property
Pursuant to Welfare and Institutions Code section 14009.5 and California Code of Regulations, title 22, section 50961, when certain decedents have received health care services under Medi-Cal and payments for their health care premiums have been made under Medi-Cal, the Department shall claim reimbursement for these payments.
WILL LIGHTBURNE, DIRECTOR OF THE DEPARTMENT OF HEALTH CARE SERVICES VS TONY BLAND, ET AL.
21STCV23254
Aug 25, 2022
Los Angeles County, CA
Pursuant to Welfare and Institutions Code section 14009.5 and California Code of Regulations, title 22, section 50961, when certain decedents have received health care services under Medi-Cal and payments for their health care premiums have been made under Medi-Cal, the Department shall claim reimbursement for these payments.
WILL LIGHTBURNE, DIRECTOR OF THE DEPARTMENT OF HEALTH CARE SERVICES VS TONY BLAND, ET AL.
21STCV23254
Aug 31, 2022
Los Angeles County, CA
Apr 27, 2017
Active
Stanley Mosk
Los Angeles County, CA
Decedent's Estate (General Jurisdiction)
Probate
Estate Administration
Sep 14, 2021
Active
Stanley Mosk
Los Angeles County, CA
Decedent's Estate (General Jurisdiction)
Probate
Estate Administration
Jul 16, 2021
Other
Stanley Mosk
Los Angeles County, CA
Decedent's Estate (General Jurisdiction)
Probate
Estate Administration
Sep 29, 2016
Active
Stanley Mosk
Los Angeles County, CA
Decedent's Estate (General Jurisdiction)
Probate
Estate Administration
Oct 13, 2015
Other
Los Angeles County
Los Angeles County, CA
Decedent's Estate (General Jurisdiction)
Probate
Estate Administration
Electronically FILED by Superior Court of California, County of Los Angeles 6/6/2019 12:04 PM Sherri R. Carter, Executive Officer/Clerk, By H. Tam, Deputy Clerk CARICO MACDONALD KIL & BENZ LLP BRUCE M. MACDONALD, ESQ. (SBN 219031) TAYLOR ANN CARICO, ESQ. (SBN 310431) 841 Apollo Street, Suite 450 El Segundo, CA 90245 Telephone: (310)545-0010 Facsimile: (310)546-5477 …
Apr 02, 2019
Court Supervision Terminated 07/14/2020
Los Angeles County, CA
Jun 06, 2019
Decedent's Estate (General Jurisdiction)
Electronically FILED by Superior Court of California, County of Los Angeles 4/10/2020 1:37 PM Sherri R. Carter, Executive Officer/Clerk, By H. Suh, Deputy Clerk 1 CARICO MACDONALD KIL & BENZ LLP ANGELA KIL, ESQ. (SBN 260237) 2 841 Apollo Street, Suite 450 El Segundo, CA 90245 3 Telephone: (310)545-0010 4 Facsimile: (310)546-5477 E-mail: angela@caricofirm.com 5 …
Jan 08, 2020
Court Supervision Terminated 01/03/2023
Los Angeles County, CA
Apr 10, 2020
Decedent's Estate (General Jurisdiction)
Electronically FILED by Superior Court of California, County of Los Angeles 2/1/2022 10:33 AM Sherri R. Carter, Executive Officer/Clerk, By R. Servando, Deputy Clerk Yujin Park [SBN: 257135] Emmanuel Han [SBN: 275843] HAN Zk PARK LAW GROUP, INC. 3550 Wilshire Blvd., Suite 1100 Los Angeles, CA 90010 Tel (213) 380-9010 4 Fax (213) 380-9011 …
Sep 14, 2021
Under Court Supervision 01/14/2022
Los Angeles County, CA
Feb 01, 2022
Decedent's Estate (General Jurisdiction)
Electronically FILED by Superior Court of California, County of Los Angeles 11/17/2022 3:45 PM Sherri R. Carter, Executive Officer/Clerk, By A. Gonzalez, Deputy Clerk Yujin Park [SBN: 257135] Emmanuel Han [SBN: 275843] HAN 2e PARK LAW GROUP, INC. 3550 Wilshire Blvd., Suite 1100 Los Angeles, CA 90010 Tel (213) 380-9010 4 Fax (213) 380-9011 Attorneys for Petitio…
Aug 02, 2022
Under Court Supervision 10/24/2022
Los Angeles County, CA
Nov 17, 2022
Decedent's Estate (General Jurisdiction)
Electronically FILED by Superior Court of California, County of Los Angeles 5/11/2021 3:07 PM Sherri R. Carter, Executive Officer/Clerk, By Mary Jane Terre, Deputy Clerk Yujin Park [SBN: 257135] Emmanuel Han [SBN: 275843] HAN & PARK LAW GROUP, INC. 3550 Wilshire Boulevard, Suite 1100 Los Angeles, CA 90010 Tel (213) 380-9010 4 Fax (213) 380-9011 …
Sep 25, 2020
Open 09/25/2020
Los Angeles County, CA
May 11, 2021
Decedent's Estate (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
Please wait a moment while we load this page.