Cal. Code Regs. Tit. 22, § 50377 - Medi-Cal Family Budget Unit (MFBU) Determination, Family Member in Long-Term Care or Board and Care

(a) An aged, blind or disabled person who is in LTC or board and care shall be in his/her own MFBU, except as provided in (c).

(b) An aged, blind or disabled person's spouse who is in LTC or board and care shall be in his/her own MFBU, except as provided in (c).

(c) Spouses and their children shall be in the same MFB for property evaluations until the end of the sixth full month of LTC or board and care status when all of the following conditions are met:

(1) Both spouses are aged, blind or disabled.

(2) One or both spouses is in LTC or board and care.

(3) Both spouses apply for and are eligible for Medi-Cal.

(d) A person who is in LTC or board and care who is not aged, blind or disabled and whose spouse is not aged, blind or disabled shall be included in the MFBU with the person's spouse, and/or children or, where the person is a child, with the child's parents.

(e) A child who is a ward of the court or the responsibility of a public agency due to a voluntary placement by a parent or guardian and who is a patient in a medical facility shall be in the child's own MFBU.

(f) A child who is not blind or disabled, who is in LTC and who was not living with the child's parents immediately prior to entering LTC shall be in the child's own MFBU.

(g) Income and property available to the MFBUs established in accordance with this section shall be determined in accordance with Sections 50557 and 50403.

Notes

Cal. Code Regs. Tit. 22, § 50377

1. New section filed 1-8-81; effective thirtieth day thereafter (Register 81, No. 2).
2. Amendment filed 12-2-85 as an emergency; effective upon filing (Register 85, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-1-86.
3. Amendment refiled 3-28-86 as an emergency; effective upon filing (Register 86, No. 13). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-28-86.
4. Certificate of Compliance as to 3-28-86 order filed 6-6-86 (Register 86, No. 23).

Note: Authority cited: Sections 10725 and 14124.5, Welfare and Institutions Code; and Section 5, Chapter 1221, Statutes of 1985. Reference: Sections 14005.4, 14005.7, 14005.16 and 14008, Welfare and Institutions Code.

1. New section filed 1-8-81; effective thirtieth day thereafter (Register 81, No. 2).
2. Amendment filed 12-2-85 as an emergency; effective upon filing (Register 85, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-1-86.
3. Amendment refiled 3-28-86 as an emergency; effective upon filing (Register 86, No. 13). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-28-86.
4. Certificate of Compliance as to 3-28-86 order filed 6-6-86 (Register 86, No. 23).