NOTES  


State Hearings Division

California Department of Social Services

Item 10-7-1

July 20, 2010

                                                FROM THE TRAINING BUREAU

 

 

ITEM 10-7-1:     Paraphrased Regulations

 


This version of the paraphrased regulations provides eight additions and 14 revisions to the paraphrased regulations.  There are also several paraphrased regulations that have been deleted or renumbered that will not be listed on this document.

 

In this paraphrased regulation update, several Medi-Cal income (the 460 section) pararegs were revised to indicate that the $30 + 1/3 deduction that applied to AFDC-MN cases no longer applies pursuant to Assembly Bill 1542.

 

Paraphrased regulation 616-5 was added to cite All County Letter 09-52 advising of the new IHSS provider enrollment requirements.  That ACL refers to a provider enrollment appeals unit (PEAU).  Those appeals are under the jurisdiction of the Adult Programs branch and not state hearings (although the ACL does not specify that the appeals are not state hearing appeals, they are not).

 

Parareg 292-1E discusses the age at which a child becomes liable for a food stamp overissuance.

 

Several paraphrased regulations were either revised or deleted after contact was made with program analysts who clarified either Medi-Cal or food stamp issues.

 

Revisions

 

417-1A Refugees are eligible for Medi-Cal for eight months only under RMA/ECA; county must determine eligibility and send application 60 days before eight month period ends (ACWDL 08-43)

 

433-4    QI-1 program sunset extended to December 30, 2010 (ACWDL 09-11)

 

440-5    Basic Medi-Cal beginning date of aid rule (50193(c)); 50197(a)),

 

444-6    Property is generally determined under FS rules for personal property and under 7/16/96 AFDC rules for real property, but exceptions exist in, e.g., automobile evaluation, and because certain Medi-Cal property rules and court cases are used in evaluating eligibility (ACWDL 98-43, Attachment 2; WIC 11155(b),(c))

 

446-3    Refugees are eligible for Medi-Cal for eight months only under RMA/ECA; county must determine eligibility and send application 60 days before eight month period ends (ACWDL 08-43)

 

449-1    Persons discontinued from SSI must reapply; Craig v Bonta and SB 87 apply to discontinuance of SSI/SSP based Medi-Cal (50183, .5; ACWDL 07-24)

 

S449-2  Requirements when SSI/SSP is discontinued; Craig v Bonta and SB 87 apply to discontinuance of SSI/SSP based Medi-Cal (Ramos v. Myers; MEPM 5E; ACWDL 03-24, 07-24)

 

461-2A SDI is earned income for AFDC-MN and MI (ACWDL 96-09; Tinoco v. Belshé; AB1542)

 

462-3    TWC is earned income for AFDC-MN and MI (ACWDL 95-63; Sawyer v. Belshé; AB1542))

 

468-4    Dependent care deduction from earned income, $30 plus 1/3 deduction from earned income; deductions no longer available as of 5/1/98 (50553.3; AB 1542)

 

468-6    SDI is earned income for AFDC-MN and MI (ACWDL 96-09; Tinoco v. Belshé; AB1542))

 

468-7    TWC is earned income for AFDC-MN and MI (ACWDL 95-63; Sawyer v. Belshé; AB1542))

 

487-1A Policy in treatment of nonexempt property on or after 1/1/90 (ACWDL 90-01; 42 USC 1396p, 1396r-5). 

Counties must send cases to DCHCS property analyst if they conclude a potentially disqualifying property transfer took place.  The property analyst will notify the county whether or not to send a NOA to restrict services due to a disqualifying transfer. (ACWDL 97-05)

 

487-6A Current and prior year Statewide APPR for Medi-Cal transfer of property period of ineligibility (ACWDLs 09-05 and 10-08)

 

 

 

Additions

 

201-5A Ninety day period to file hearing may be extended for good cause, but filing must be within 180 days (W&IC 10951)

 

248-2A State agencies must use consistent procedures to disqualify individuals whom law enforcement is seeking for purpose of holding criminal proceedings (7 U.S.C. 2015(k)(2))

 

266-16  Counties are to begin excluding income earned by census takers retroactive to January 2010 through September 2010 (ACL 10-18)

 

292-1E  Any household member over the age of 18 through the age of 21 is considered be an “adult child” and shall be jointly and individually liable for the value of any overissuance (ACIN I-84-09)

 

461-5    The $25 weekly increase must not be considered income for purposes of determining eligibility or share-of-cost for all Medi-Cal programs. (ACWDL 10-10)

 

614-7    For purposes of W&IC §12300(e), full-time employment does not mean the full-time provision of IHSS-funded care by a parent (Basden v Wagner)

 

616-5    New provider enrollment process; provider appeals with CDSS Adult Programs Division (ACL 09-52)

 

628-6    Counties do not need to continue to determine IHSS-R share of cost amounts for (PCSP or IPW) recipients who have Medi-Cal with zero share     of cost (ACL 09-47)