California Department of Social Services - State Hearings Division
Notes from the Training Bureau - August 29, 1997

ACWDL 97-06 dated February 18, 1997 advised counties that effective no later than April 1, 1997, possession of a current and valid Border Crossing Card, or any current and valid visa that allows entry into the United States for a period of less than one year (including, but not limited to, B1/B2 visas) shall establish that the applicant or beneficiary possessing such a document is not a resident of California.

Accordingly, any applicant who applies for Medi-Cal and is known to possess a current and valid Border Crossing Card or short term visa must be denied eligibility for benefits on the basis that he or she is not a resident of California. Similarly, any current beneficiary who at the time of redetermination is determined to possess a valid and current Border Crossing Card or short term visa must be immediately discontinued from the Medi-Cal program.

It is the position of the CDHS that ACWDL 97-06 is binding on eligibility workers at the county level. It is, however, not binding on Administrative Law Judges in the state hearing process. CDHS recognized that Welfare and Institutions Code §14007.1(b) provides in part that the Administrative Law Judge shall receive any proof of residency offered by the applicant, may inquire into any facts relevant to the question of residency, and shall make a determination based on the preponderance of the credible evidence. (Note: Title 22 CCR §50320.2(f) is derived from W&IC §14007.1(b)).

The possession of a Border Crossing Card or short term visa is equivalent to a declaration of residency outside of California and is thus strong evidence that the holder of such document is not a California resident, particularly since there must be a determination that the applicant or beneficiary intends to remain in California permanently or indefinitely. Nonetheless, CDHS recognizes that evidence developed at a state hearing may lead an Administrative Law Judge to conclude that the Medi-Cal applicant or beneficiary is a California resident despite possessing a current and valid Border Crossing Card and/or B1/B2 visa.