Cal. Code Regs. Tit. 22, § 50563 - Treatment of Income - Aged, Blind or Disabled MN Person or Person's Spouse in LTC or Board and Care

(a) When an aged, blind or disabled MN person or the spouse of that person is in LTC or board and care and that person has a spouse and/or children who are not Public Assistance recipients, the income of that person shall be treated in the following manner, beginning the first of the month the spouses, or the parent and children, are in separate MFBUs:

(1) The net nonexempt income of the person in LTC or board and care which is in excess of the appropriate maintenance need for that person in accordance with the provisions of Article 11 of this chapter shall be allocated to the spouse and/or children as follows:

(A) When the family is applying for Medi-Cal, determine the maintenance need for the spouse and/or children other than any children excluded from the MFBU.

(B) When only the person in LTC or board and care is applying for Medi-Cal, determine the maintenance need for the spouse and/or all the children.

(C) Subtract the net nonexempt income of the spouse and/or children, other than the excluded children, from the amount determined in (A) or (B). This is the amount that shall be allocated to the spouse and/or children from the net nonexempt income of the MN person in LTC or board and care which is in excess of the maintenance need as determined in (1).

(2) If the person in LTC or board and care is a stepparent:

(A) The stepchildren shall be treated as natural children of the person in LTC or board and care.

(B) The allocation shall be determined in accordance with (1).

(b) In no event shall any income be allocated from the family members living at home to the person in long-term care or board and care.

Notes

Cal. Code Regs. Tit. 22, § 50563

1. Amendment filed 1-28-77 as an emergency; effective upon filing (Register 77, No. 5).
2. Certificate of Compliance filed 4-22-77 (Register 77, No. 17).
3. Amendment filed 3-7-80; effective thirtieth day thereafter (Register 80, No. 9).
4. Amendment filed 1-8-81; effective thirtieth day thereafter (Register 81, No. 2).
5. Amendment of subsection (a), repealer of subsection (b) and relettering of subsection (c) to subsection (b) filed 8-18-82 as an emergency; effective upon filing (Register 82, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-16-82.
6. Certificate of Compliance transmitted to OAL 12-16-82 and filed 1-21-83 (Register 83, No. 4).
7. Editorial correction of subsections (a)(1) and (a)(2)(A) filed 1-21-83 (Register 83, No. 4).
8. Amendment of subsection (a) filed 7-9-87; operative 8-8-87 (Register 87, No. 30).

Note: Authority cited: Sections 10725 and 14124.5, Welfare and Institutions Code. Reference: Sections 14005.1, 14005.4, 14005.7, 14008, Welfare and Institutions Code.

1. Amendment filed 1-28-77 as an emergency; effective upon filing (Register 77, No. 5).
2. Certificate of Compliance filed 4-22-77 (Register 77, No. 17).
3. Amendment filed 3-7-80; effective thirtieth day thereafter (Register 80, No. 9).
4. Amendment filed 1-8-81; effective thirtieth day thereafter (Register 81, No. 2).
5. Amendment of subsection (a), repealer of subsection (b) and relettering of subsection (c) to subsection (b) filed 8-18-82 as an emergency; effective upon filing (Register 82, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-16-82.
6. Certificate of Compliance transmitted to OAL 12-16-82 and filed 1-21-83 (Register 83, No. 4).
7. Editorial correction of subsections (a)(1) and (a)(2)(A) filed 1-21-83 (Register 83, No. 4).
8. Amendment of subsection (a) filed 7-9-87; operative 8-8-87 (Register 87, No. 30).