Section 50570 - Income Determination and Limit for the Qualified Medicare Beneficiary (QMB) or the Specified Low-Income Medicare Beneficiary (SLMB)(a) To determine the eligibility of an adult, couple, or child for the QMB program, net nonexempt income shall not exceed 90% of the official poverty level in 1990, 100% of the official poverty level in 1991 and thereafter, as defined by the federal Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981. Income attributable to a Title II cost of living adjustment is excluded according to federal law.(b) To determine the eligibility of an adult, couple, or child for the SLMB program, net nonexempt income shall not exceed 110% in 1993 and 1994, rising to 120% in 1995 and ongoing of the official poverty level in each year as defined by the federal Office of Management and Budget in accordance with Section 4501 of the Omnibus Budget Reconciliation Act of 1990. Income attributable to a Title II cost of living adjustment is excluded according to federal law.(c) Net nonexempt income shall first be determined in accordance with all the applicable provisions of Article 8 and Article 10, except that the health insurance premiums as specified under Section 50555.2 are not allowed and the deduction for IRWE as defined in Section 50045.1 is allowed.(d) If ineligibility results from the computation under (c) above, the net nonexempt income then will be determined following SSI methodology specified in Section 1612, Title XVI of the federal Social Security Act.Cal. Code Regs. Tit. 22, § 50570
1. New section filed 8-13-90 as an emergency; operative 8-13-90 (Register 90, No. 40). A Certificate of Compliance must be transmitted to OAL by 12-11-90 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance including amendment transmitted to OAL 12-11-90 and filed 1-9-91 (Register 91, No. 8).
3. Amendment of section heading, new subsection (b) and subsection redesignation, and amendment of newly designated subsections (c)-(d) and NOTE filed 12-21-93; operative 1-20-94 (Register 93, No. 52). Note: Authority cited: Sections 10725, 14005.11 and 14124.5, Welfare and Institutions Code; and Section 12, Chapter 1430, Statutes of 1989. Reference: Sections 1396 a(a)(10)(E)(iii) and 1396d(p), Title 42, United States Code; Section 4501, Omnibus Budget Reconciliation Act of 1990, Public Law 101-508; and Section 14005.11, Welfare and Institutions Code.
1. New section filed 8-13-90 as an emergency; operative 8-13-90 (Register 90, No. 40). A Certificate of Compliance must be transmitted to OAL by 12-11-90 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance including amendment transmitted to OAL 12-11-90 and filed 1-9-91 (Register 91, No. 8).
3. Amendment of section heading, new subsection (b) and subsection redesignation, and amendment of newly designated subsections (c)-(d) and Note filed 12-21-93; operative 1-20-94 (Register 93, No. 52).