California Department of Social Services - State Hearings Division
Notes from the Training Bureau - May 10, 2010

Item 10-05-01A
Paraphrased Regulations

In this version of the paraphrased regulations, there has been a reorganization of the older or obsolete AFDC/CalWORKs pararegs.   There are also additions and revisions to current pararegs in CalWORKs, Medi-Cal and IHSS.

This version of the paraphrased regulations provides 30 additions and four revisions to the paraphrased regulations. Nineteen paraphrased regulations have been deleted.  Additionally, 28 pararegs have been renumbered from an “S” number to a non-S number such as S026-2 to 026-2.  Seventeen pararegs have been renumbered from a non-S parareg to an S parareg such as 161-2 to S161-2. The “S” means “Superseded” and indicates that a regulation is no longer valid but was valid for an earlier period of time. 

There are 124 paraphrased regulations in AFDC or CalWORKs beginning with “S” that have been moved to one of two obsolete AFDC/CalWORKs files and there is an accompanying obsolete AFDC/CalWORKs index.

Several pararegs beginning with “S” remain in the current parareg files. Those that remain are highlighted in yellow for easier reference and so to avoid the mistake of citing it for a period of time that is no longer valid.  Those that remain were selected because it was determined that it was more likely that a judge would need to access such a parareg such as in the case of S121-1A regarding an AFDC overpayment from September 1991 through December 1997.

The pararegs that were moved to the obsolete file were moved because it was believed that it was unlikely that they needed to be accessed.  These pararegs can be accessed if necessary, however.

Other pararegs beginning with “S” were deleted altogether because they were duplicated elsewhere or because there was no chance that a judge would need to access them.

For those of you who use the cross-reference, the pararegs that are moved to the obsolete parareg files will remain in the cross-reference.  If you find an “S” parareg in the cross-reference, but cannot locate that parareg in the regular parareg file, please look at the obsolete file.

Some of the additions to the pararegs include:

     Renumbered

S026-2 to 026-2
S026-6 to 026-6
S026-7 to 026-7A
S026-7 to 026-7B
S026-7 to 026-7C
S026-7 to 026-7D
S026-7 to 026-7F
S026-8A to 026-8A
S026-10D to 026-10D
S026-10E to 026-10E
S026-12 to 026-

S026-12B to 026-12B
S026-12E to 026-12E
S026-13 to 026-13
S053-7A to 053-7A
S075-1E to 075-1E (also revised)
S091-2 to 091-2 (also revised)
S096-1A to 096-1A (also revised)
S096-1B to 096-1B
S096-1D to 096-1Ds

 

S096-1E to 096-1E
S102-12 to 102-12 (also revised to delete ACL 97-72)
S129-1 to 129-1
S129-1A to 129-1A
S129-1C to 129-1C
S129-5 to 129-5
S152-2B to 152-2B
S153-3 to 153-3

Renumbered/Deleted

161-2 to S161-2
163-1 to S163-1
163-2 to S163-2
163-3 to S163-3
163-3A to S163-3A
163-3B to S163-3B

163-4 to S163-4
163-5 to S163-5
163-6 to S163-6
163-7 to S163-7
163-7A to S163-7A
163-8 to S163-8


163-9 to S163-9
196-3 to S196-3
S449-1
S449-2
567-8A to S567-8A


Deleted

S026-4A
S026-14
S026-16D
S026-16F
S054-5
S073-15

S085-7E
S092-5
S100-5
S103-9
S103-10
S103-12A


S104-7A
S109-25
S153-1
400-4
564-5

Revised

088-3

Property related overpayment/overissuance only determined based on information that should have been reported on the QR 7. (ACL 03-18; 44-352.111)

129-9G County must treat reported change in income from submit month as a mid-quarter report and also as income change in upcoming quarter if income from submit month continues into the next quarter (ACL 09-41; (10-10) - Broken Link Removed
417-13A

New State law reduced the CEC program period from 12 months to 6 months effective January 1, 2009; Reduction of CEC from 12 months to six is suspended until December 2010 (ACWDL 08-55; 09-15)

417-13B  

CEC continues for up to six months from initial eligibility to MSR or from MSR to annual redetermination: Reduction of CEC from 12 months to six is suspended until December 2010 (ACWDL 08-55; 09-15)

Added

016-13A

County must attempt contact with recipient before making fraud referral or taking action against grant for “whereabouts unknown” (ACL10-01)

026-6A Good cause may be established for failing to return a complete QR 7 in both CalWORKs and food stamps; time frames for counties to evaluate good cause claims (ACL 10-10) - Broken Link Removed
043-4 Steps county must take if it learns recipient is absent from state for 30 days or longer (ACL 10-01)
086-3 Portion of payment for compensates for converted property is treated as property, remainder treated as income (44-105.3)
129-2B  When county should and should not use weekly and bi-weekly multipliers (ACL 10-10) - Broken Link Removed
413-1 DHCS policy on LEP clarifying county responsibility to provide efficient language services (ACWDL 10-03)

413-1A

Guideposts for counties in providing effective language services to LEP individuals (ACWDL 10-03)

413-1B Counties must use translated forms/NOAs provided by DHCS and not English version for those preferring non-English version; counties must provide interpretation services to LEP individuals upon request to regardless of whether DHCS has translated notices/forms (ACWDL 10-03)
413-1C

Counties required to ask applicants/beneficiaries their preferred language for oral and written communication (ACWDL 10-03)

422-7A

Counties no longer required to verify the immigration status of immigrants who claim the last PRUCOL category on MC 13 (ACWDL 09-40)

422-7B

For applicants who claim last PRUCOL category on MC13, there is no duty to complete G-845 or MC845 form; no county duty to verify PRUCOL at annual redetermination for those claiming last PRUCOL category on MC13 (ACWDL 09-40)

437-2A Disability income received after age 65 or person’s retirement age is not exempt for purposes of determining maximum amount allowed or premium payment (ACWDL 09-33)
446-4

RMA individuals are eligible for three-month retroactive Medi-Cal (ACWDL 09-40)

467-1A In-kind income amounts for clothing are eliminated from Medically Needy rules, but not for purposes of 1931(b) Medi-Cal (ACWDL 09-64)
527-6 IHSS recipients who paid their provider an excess share of cost can file a Conlan  II claim to request reimbursement. (ACIN I-03-10)
561-9 Non-citizens who are not qualified aliens are not eligible for federal full scope Medi-Cal (ACIN I-18-08)
561-9A To be eligible for PCSP/IPW, an individual must be eligible for federal full scope Medi-Cal (ACIN I-18-08)
567-8 Non-citizens who are not qualified aliens are not eligible for federal full scope Medi-Cal (ACIN I-18-08)
567-8D To be eligible for PCSP/IPW, an individual must be eligible for federal full scope Medi-Cal (ACIN I-18-08)
567-11A Children meeting DDS institutional deeming criteria qualify for Medi-Cal regardless of parent’s income or resources (ACL 00-83)
567-15 IHSS Plus Waiver population transitioned to IHSS Plus Option (IPO) program effective October 1, 2009 (ACIN I-33-10)
611-6A Non-citizens who are not qualified aliens are not eligible for federal full scope Medi-Cal (ACIN I-18-08)
611-6B Recipients who remain in IHSS-R are those determined eligible for IHSS-R but not eligible for federal full scope Medi-Cal (ACIN I-28-06)
611-6C Counties must determine IHSS-R eligibility for those not eligible for federal full scope Medi-Cal (ACIN I-18-08)
611-6D Non-citizens who are LAPR or PRUCOL under former SSI/SSP rules are potentially eligible for IHSS-R (ACIN I-18-08)
611-6E For IHSS-R, non-citizens are subject to SSI/SSP sponsor deeming rules; rules reflected on state form SOC811 (ACIN I-18-08)
611-6F Institutionally deemed person do not qualify for IHSS-R program (ACL 00-83)
622-10 Exemptions under the IHSS Plus Waiver program (ACWDL 05-29)
622-10A In-home caregiver wages exempt as income and property if spouse or minor child receive services from spouse or parent provider and services are through federal, state or local program (ACWDL 07-02)
628-5 IHSS recipients who paid their provider an excess share of cost can file a Conlan II claim to request reimbursement. (ACIN I-03-10)