California Department of Social Services - State
Hearings Division
Notes from the Training Bureau -
December 5, 2000
| Item 00-12-02I CDHS ACWDL 00-56 -- November 15, 2000 (Synopsis): Personal Care Deduction for Persons in Licensed Board and Care Facilities |
Personal Care Deduction for Persons in Licensed Board and Care Facilities
This ACWDL gives instructions for implementing Petit v. Bonta. In Petit, the court found that Medi-Cal needed to allow persons in licensed board and care residential facilities to apply incurred expenses to their share of cost.
Effective April 1, 2000, individuals residing in a licensed board and care facility are allowed a standard $315 personal care services deduction in lieu of the excess maintenance need deduction provided for in §50515(a)(3). If the excess maintenance need deduction in §50515(a)(3) produces a larger deduction than $315, and thus results in a lower share of cost, the individual is entitled to the excess maintenance need deduction.
This ACWDL also provides a draft Medi-Cal Eligibility Procedures Manual (MEPM) §12C that discusses how counties should process cases when a share of cost has been reduced retroactively. It provides several case situations and instructs counties what steps to take if the beneficiary wants future shares of cost reduced or wants reimbursement for a share of cost already paid.