General Provisions

Cal. WIC § 14005.30

California Statutes

(

a) Medi-Cal benefits under this

chapter shall be provided to individuals eligible for services under

Section 1396u-1 of Title of the United States Code with family incomes that do not exceed percent of the federal poverty level. (b)

(1) Except as provided for in paragraph (3), when determining eligibility under this section, an applicant’s or beneficiary’s income and resources shall be determined, counted, and valued in accordance with the requirements of

Section 1396a(e)(14) of Title of the United States Code, as added by the ACA.

(2) When determining eligibility under this section, an applicant’s or beneficiary’s assets shall not be considered and deprivation shall not be a requirement for eligibility.

(3) The department shall seek federal approval to use the determination of eligibility for the CalWORKs program as a determination of eligibility for Medi-Cal benefits under this section. The department’s use of the CalWORKs eligibility determination to determine eligibility for Medi-Cal benefits under this

section shall be consistent, and in conformity, with the terms of the federal approval. (

c) For purposes of calculating income under this

section during any calendar year, increases in social security benefit payments under Title II of the federal Social Security Act (42 U.S.C.

Sec. 401 et seq.) arising from cost-of-living adjustments shall be disregarded commencing in the month that these social security benefit payments are increased by the cost-of-living adjustment through the month before the month in which a change in the federal poverty level requires the department to modify the income disregard and in which new income limits for the program established by this

section are adopted by the department. (

d) The MAGI-based income eligibility standard applied under this

section shall conform with the maintenance of effort requirements of Sections 1396a(e)(14) and 1396a(gg) of Title of the United States Code, as added by the ACA. (

e) For purposes of this section, the following

definitions shall apply: (1) “ACA” means the federal Patient Protection and Affordable Care Act (Public Law 111-148), as originally enacted and as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152) and any subsequent amendments. (2) “MAGI-based income” means income calculated using the financial methodologies described in

Section 1396a(e)(14) of Title of the United States Code, as added by the federal Patient Protection and Affordable Care Act (Public Law 111-148) and as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152) and any subsequent amendments. (

f) Notwithstanding

Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code, the department may implement, interpret, or make specific this

section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time any necessary regulations are adopted. The department shall adopt regulations by July 1, 2018, in accordance with the requirements of

Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code. Commencing six months after the effective date of this section, and notwithstanding

Section 10231.5 of the Government Code, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with

Section of the Government Code, until regulations have been adopted. (

g) This

section shall be implemented only if and to the extent that federal financial participation is available and any necessary federal approvals have been obtained.

Document details

CollectionCalifornia Statutes
CitationCal. WIC § 14005.30
Date2017-07-10
Typestatute
Languageen
SourceCA_STAT
IdentifierWIC14005.30.20175221

General Provisions

Cal. WIC § 14005.30

California Statutes

General Provisions

Cal. WIC § 14005.30

California Statutes

(

a) Medi-Cal benefits under this

chapter shall be provided to individuals eligible for services under

Section 1396u-1 of Title of the United States Code with family incomes that do not exceed percent of the federal poverty level. (b)

(1) Except as provided for in paragraph (3), when determining eligibility under this section, an applicant’s or beneficiary’s income and resources shall be determined, counted, and valued in accordance with the requirements of

Section 1396a(e)(14) of Title of the United States Code, as added by the ACA.

(2) When determining eligibility under this section, an applicant’s or beneficiary’s assets shall not be considered and deprivation shall not be a requirement for eligibility.

(3) The department shall seek federal approval to use the determination of eligibility for the CalWORKs program as a determination of eligibility for Medi-Cal benefits under this section. The department’s use of the CalWORKs eligibility determination to determine eligibility for Medi-Cal benefits under this

section shall be consistent, and in conformity, with the terms of the federal approval. (

c) For purposes of calculating income under this

section during any calendar year, increases in social security benefit payments under Title II of the federal Social Security Act (42 U.S.C.

Sec. 401 et seq.) arising from cost-of-living adjustments shall be disregarded commencing in the month that these social security benefit payments are increased by the cost-of-living adjustment through the month before the month in which a change in the federal poverty level requires the department to modify the income disregard and in which new income limits for the program established by this

section are adopted by the department. (

d) The MAGI-based income eligibility standard applied under this

section shall conform with the maintenance of effort requirements of Sections 1396a(e)(14) and 1396a(gg) of Title of the United States Code, as added by the ACA. (

e) For purposes of this section, the following

definitions shall apply: (1) “ACA” means the federal Patient Protection and Affordable Care Act (Public Law 111-148), as originally enacted and as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152) and any subsequent amendments. (2) “MAGI-based income” means income calculated using the financial methodologies described in

Section 1396a(e)(14) of Title of the United States Code, as added by the federal Patient Protection and Affordable Care Act (Public Law 111-148) and as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152) and any subsequent amendments. (

f) Notwithstanding

Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code, the department may implement, interpret, or make specific this

section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time any necessary regulations are adopted. The department shall adopt regulations by July 1, 2018, in accordance with the requirements of

Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code. Commencing six months after the effective date of this section, and notwithstanding

Section 10231.5 of the Government Code, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with

Section of the Government Code, until regulations have been adopted. (

g) This

section shall be implemented only if and to the extent that federal financial participation is available and any necessary federal approvals have been obtained.

Document details

CollectionCalifornia Statutes
CitationCal. WIC § 14005.30
Date2017-07-10
Typestatute
Languageen
SourceCA_STAT
IdentifierWIC14005.30.20175221