California Department of Social Services - State
Hearings Division
Notes from the Training Bureau - July 3, 2009
| Item 09-07-01A Paraphrased Regulations |
This version of the paraphrased regulations provides 21 additions and seven revisions to the paraphrased regulations.
There are new paraphrased regulations in the food stamp household composition section 245 and the resource section 252 as a result of the addition of the Modified Categorical Eligibility (MCE) program in food stamps. All County Letter 09-24 explains that non-assistance food stamp households with a child under 18 may now establish eligibility for food stamps without a resource evaluation as long as the county issues the household a PUB 275 family planning brochure.
Social Services paraphrased regulation 628-1D cites All County Letter 09-27 that advises that effective July 1, 2009, no new applicants may benefit from the Medi-Cal “buy-out” that permits an IHSS recipient to pay the lower of the share of cost under Medi-Cal or IHSS-Residual rules. Additionally, recipients who lose their eligibility for the PCSP or IHSS plus waiver program and then regain eligibility will no longer be eligible for the buyout. (Note: As a result of further budget cuts it appears that there will be a further reduction in the buyout for those who remain eligible for it.)
Adult dental benefits will end for most persons effective July 1, 2009. Paraphrased regulations 531-14 and 531-14A address the issue of the termination of adult dental benefits.
Note that a correction was made to paraphrased regulations to clarify that child support payments made to a non-household member is an income exclusion effective November 2006.
Revised
| 104-3F | County must restore aid effective month following month individual contacts county to cure sanction and once activities are completed (42-721.481; ACIN I-30-09) |
| 121-1C | Computation of CalWORKs grant, general (W&IC 11451.5, 11450.12; 11450(a), (e), 11452; 44-315.31-.38, 44-113.213-.217) |
| 122-11A | Under QR/PB, beginning date of aid rules for new AU member (44-318.11-.16 effective July 1, 2004; ACIN I-30-09) |
| 416-4B | Children under the age 19 must comply with MSR requirements. CEC reduction from 12 months to 6 months suspended from 10/08 through 12/10 (ACWDL 08-56; 09-15) |
| 416-4F | Counties must implement the new MSR requirements effective January 1, 2009; CEC reduction from 12 months to 6 months suspended from 10/08 through 12/10 (ACWDL 08-56; 09-15) |
| 417-11 | CEC program protects zero share of cost children under 19 from discontinuance or a share of cost until the next redetermination, or until they turn 19, whichever is earlier; CEC period reduced from 12 months to six months effective January 1, 2009. CEC reduction from 12 months to 6 months suspended from 10/08 through 12/10 (ACWDL 01-01; AB 2900, ACWDL 08-55; 09-15) |
| 439-5 | Effective A&D FPL limit for individual and couples in current and prior year (ACWDLs 08-13,; 08-24, 08-40, 08-52; 09-08 and 09-20) |
Added
| 154-4 | |
| 245-10 | Effective July 1, 2009 resources of existing non-assistance food stamp households with child under age 18 are exempt if family planning brochure is provided; concept is called modified categorical eligibility (MCE) (ACL 09-24) |
| 245-10A | MCE applies to NAFS households with child under 18; child may be SSI/SSP recipient (ACL 09-24) |
| 245-10B | MCE applies until recertification after child turns 18 (ACL 09-24) |
| 245-10C | Once family planning brochure is provided, MCE status remains after break in aid (ACL 09-24) |
| 252-17 | Effective July 1, 2009 resources of existing non-assistance food stamp households with child under age 18 are exempt if family planning brochure is provided; concept is called modified categorical eligibility (MCE) (ACL 09-24) |
| 252-17A | MCE applies to NAFS households with child under 18; child may be SSI/SSP recipient (ACL 09-24) |
| 252-17B | MCE applies until recertification after child turns 18 (ACL 09-24) |
| 252-17C | Once family planning brochure is provided, MCE status remains after break in aid (ACL 09-24) |
| 430-1B | “Deemed” eligibility for infant born to mother receiving Medi-Cal regardless of infant’s current living arrangements (ACWDL 09-17) |
| 438-10 | New Federal Poverty Level Program for the Blind (FPLB) will be effective July 1, 2009 that has same eligibility criteria as A&D FPL program (ACWDL 09-28) |
| 447-6A | No changes on July 1, 2009, to SSI/SSP payment standards used to establish eligibility for the Pickle, Disabled Adult Children, Disabled Widow(er)s and 250 Percent Working Disabled Programs; Counties should use May 1, 2009 levels (ACWDL 09-28) |
| 449-4 | Individuals discontinued from SSI/SSP due to reduction in SSI/SSP payment standard effective July 1, 2009 continue to receive $0 share of cost Medi-Cal pending Craig v Bonta evaluation (ACWDL 09-28) |
| 470-10 | Monthly equivalent to the $25 weekly increase in UIB shall be exempt income and, as such, shall not be considered for purpose of determining Medi-Cal eligibility or share-of-cost; one time $250 economic recovery payments for specified retirees, disabled persons are exempt income (ACWDL 09-22; 09-23) |
| 502-4A | Share of cost for LTC patients (50653(a)(2)) |
| 502-6 | Maintenance need allowance is reduced to $35 only when a single individual is in a LTC facility for an entire month (ACWDL 97-32) |
| 531-11I | Guidelines to standardize the use of the HLD Index in the orthodontic program (Denti-Cal Bulletin volume 13 #8) |
| 531-14 | No adult dental after July 1, 2009 unless TAR submitted before June 30, 2009 (Denti-Cal Bulletin volume 25 #22) |
| 531-14A | Services exempted from the elimination of adult dental services effective July 1, 2009 (Denti-Cal Bulletin volume 25 #22) |
| 628-1D | Individuals who apply for PCSP or IPW or its successor after July 1, 2009, and individuals who leave those programs and then regain eligibility are not eligible for share of cost buyout (ACL 09-27) |