California Department of Social Services - State Hearings Division
Notes from the Training Bureau - April 22, 2003

Reference: Senate Bill 87; All County Welfare Director's Letters 02-45 and 02-54; Welfare and
                    Institutions Code (W&IC) §14005.37

Pursuant to Craig v. Bonta, counties and DHS may not discontinue Medi-Cal benefits to recipients on or after June 30, 2002, if the sole basis for termination is the discontinuance of SSI/SSP eligibility. (Craig does not preclude DHS or counties from discontinuing Medi-Cal for persons who are no longer SSI/SSP eligible if the discontinuance of SSI/SSP was due to death or incarceration.)

Until further notice, if an In-Home Supportive Services (IHSS) recipient receives IHSS through PCS funding, counties may not terminate PCS solely because a recipient is terminated from SSI/SSP. Counties must continue to authorize PCS and $0 share of cost Medi-Cal. As with other Medi-Cal benefits, counties may terminate PCS if the services are no longer needed based on an individual evaluation.

Because IHSS residual services are not a Medi-Cal benefit, counties may discontinue those services if the recipient is terminated from SSI/SSP. There will be another ACL on this subject after the court approves the DHS plan to comply with Craig.