California Department of Social Services - State Hearings Division
Notes from the Training Bureau - December 27, 2007

Item 07-12-01A
Paraphrased Regulations

This version of the paraphrased regulations provides 14 additions and 14 revisions to the paraphrased
regulations. There are also 30 deleted paraphrased regulations.

The major additions are in updates to annual increases to Medi-Cal related program issues such the Community Spouse Resource Allowance, the Minimum Monthly Maintenance Need Allowance and the Medicare Part B premium as well as others. Also, a registered California domestic partner has been added as a caretaker relative for CalWORKs purposes. Several paraphrased regulations have been added or revised to reflect this change.

Many paraphrased regulations have been deleted entirely including several dealing with the now obsolete 18 and 24-month time limits.

The following is the list of updates:


Deleted

264-7100-2
S101-6
102-13
S105-5
109-1
109-3
109-4
109-4A
109-5
109-6
A
264-7B

109-6C
109-6G
109-6H
109-6I
109-7
109-8
109-29
S181-2B
S181-3B
S181-3C
S181-3D
S181-3E
S181-3F
S181-3G
S181-3H
S181-3I
S185-1
S185-1A
S185-1B
410-20

Revised

036-6 When the county must and when it shall not pay for child care (47-401.4, .5)
071-1A Individuals who must be listed on the Statement of Facts; optional persons; denial appropriate when applicant won't list individual on Statement of Facts (40-118.1, .2, .4)
074-3A Caretaker relative defined; second cousin not caretaker relative (82-808.1; ACL 94-01)
074-3D Evidence necessary to verify the relationship of a child to a caretaker relative (82-808.14)
106-10 Modification of rule: Counties may correct supportive services underpayments or overpayments, but may not offset a child care overpayment against the CalWORKs grant without the recipient's permission (W&IC 11323.4(b); 42-751.11)
410-18C Required SB 87 procedures for counties evaluating Medi-Cal eligibility (ACWDL 02-59, 07-24)
431-3 Transfers, CSRA (42 USC 1396r-5(f); ACWDL 06-30, 07-22)
431-4 MMMNA, basic plus adjustments for indexing, at state hearing (42 USC 1396r-5(d), (e), (g); ACWDL 06-30, 07-22)
433-4 QI-1 program sunset extended to December 31, 2007 (ACWDL 07-32)
439-1 CSRA amount past two years and current (ACWDL 05-40, 06-30, 07-22)
439-1A MMMNA amount past two years and current (ACWDL 05-40, 06-30, 07-22)
439-2 Allocations in the QMB, SLMB, QI, and 250% working disabled programs in last two years and current (ACWDL 05-38, 06-35, 06-35 errata, 07-25)
439-3 Current and prior year TB income standard, resource limit, standard allocation and federal benefit rate (ACWDL 06-40; 07-31)
439-4 Current and prior two years Medicare Part B premiums (ACWDL 05-38, 06-35, 07-26)

Added

065-6

Enhancements to KinGAP program (ACL 07-13, 07-13 errata, 07-47)

071-1B "California domestic partner" defined (80-301(c)(1))
071-1C "Stepparent" defined (80-301(s)(9))
074-6 When county learns of death of parent or caretaker relative, county has duty to determine if child remains eligible for CalWORKs or to refer case to AFDC-foster care if not eligible for CalWORKs (ACIN I-36-07)
125-4H MAP COLA for July and August 2007 only, not for September 2007 through June 2008 (ACL 07-34)
180-7 After parent or relative caretaker of aided CalWORKs child dies and non-relative caretaker provides care for child, county should inform non-relative caretaker of availability of AFDC-foster care benefits (ACIN I-36-07)
410-18D Required MC355 process (ACWDL 07-24)
417-15 CEC applies to children discontinued from SSI/SSP (ACWDL 07-11)
417-15A SB 87 process modified for children discontinued from SSI/SSP (ACWDL 07-11)
439-5C A&D FPL limits for 1/07 through 3/07 (ACWDL 07-06, 07-26, 07-27)
568-15 Respiration defined (30-757.14(b))
628-2 CDHCS Beneficiary Services Center processes all claims for reimbursement of excess share of cost including buy-out claims except for buy-out claims for current and prior month (ACL 07-32)
820-3A New procedure for SSI/SSP reimbursement (ACIN I-62-07)
820-7 New "payment pending procedure" for interim assistance reimbursement (ACIN I-62-07)