California Department of Social Services - State Hearings Division
Notes from the Training Bureau - December 10, 2002

These two ACWDLs discuss the Craig v. Bontá case. ACWDL 02-45 advises that the CDHS was found in violation of Welfare and Institutions Code (W&IC) § 14005.37 by failing to follow the SB 87 redetermination of eligibility process for persons who were discontinued from SSI/SSP benefits. Under the terms of Craig, the CDHS was required to develop an implementation plan within 120 days of June 24, 2002. That plan must provide a process that insures that beneficiaries who lose SSI/SSP have their Medi-Cal eligibility reevaluated to determine if they are eligible for Medi-Cal on any other basis aside from receipt of SSI/SSP benefits. Medi-Cal may not be discontinued until that redetermination process takes place.

The SB 87 redetermination process does not apply when SSI/SSP was discontinued due to death or incarceration.

ACWDL 02-54 reminds counties not to terminate or discontinue Medi-Cal for anyone whose SSI/SSP and linked Medi-Cal was discontinued on or after June 30, 2002. These former SSI/SSP linked Medi-Cal recipients are eligible for full scope Medi-Cal without a share of cost until the CDHS provides counties with further instructions.

This ACWDL also provides questions and answers regarding Craig and the redetermination process. Question and answer 6 indicate that the Ramos procedures in Medi-Cal Eligibility Procedures Manual Section 5E are obsolete and will be revised. Question and answer 9 establish that the SB 87 process applies to persons in long-term care who have lost SSI/SSP linked Medi-Cal.