Cal. Code Regs. tit. 22 § 50777

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 50777 - Requirement to Apply for Medicare

(a) The following Medi-Cal applicants and beneficiaries shall be required to apply for Medicare Part A:

(1) Any person 64 years and 9 months of age or older.

(2) Persons applying for Medi-Cal on the basis of blindness or disability.

(3) Persons who are receiving disability payments under title II of the Social Security Act or Railroad Retirement program unless the county can obtain verification of receipt of Social Security title II disability payments in accordance with section 50167. In these instances Medicare enrollment is deemed to be automatic beginning with the 25th month of receipt of this benefit and application is not required.

(4) Persons receiving dialysis-related health care services.

(b) The following Medi-Cal applicants and beneficiaries shall be required to apply for Medicare Part B:

(1) Persons who are applying for Medi-Cal on the basis of being aged.

(2) Persons applying for Medi-Cal on the basis of blindness or disability unless the county can obtain verification of receipt of Social Security Title II disability payments in accordance with section 5167. In these instances Medicare enrollment is deemed to be automatic beginning with the 25th month of receipt of this benefit and application is not required.

(3) Persons receiving dialysis-related health care services, unless the county can obtain verification of receipt of Medicare Part A benefits in accordance with section 50167. In these instances, Medicare Part B enrollment is deemed to be automatic and application is not required.

(c) The persons specified in (a) and (b) shall submit verification to the county department of the approval or denial of their Medicare eligibility within 60 days of the date they are notified of the requirement to apply or within 10 days of the notification of approval or denial if their eligibility for Medicare is not determined within 60 days. Except for those persons applying under Sections 50258 and 50256, persons who would only be eligible for Medicare Part A if they paid a premium shall not be required to accept Part A benefits.

Cal. Code Regs. Tit. 22, § 50777

1. Amendment of subsection (a)(4) and repealer of subsection (a)(5) filed 5-16-80 as an emergency; effective upon filing (Register 80, No. 20). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-14-80.
2. Certificate of Compliance filed 8-22-80 (Register 80, No. 34).
3. Amendment filed 7-5-88; operative 8-4-88 (Register 88, No. 31).
4. Amendment of subsection (c) 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.
5. Certificate of Compliance transmitted to OAL 12-11-90 and filed 1-9-91 (Register 91, No. 8).
6. Amendment of subsection (c) and NOTE filed 10-3-94 as an emergency; operative 10-3-94 (Register 94, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-31-95 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of HISTORY NOTE 6 (Register 95, No. 9).
8. Reinstatement of subsection (c) and NOTE as they existed prior to emergency amendment filed 3-2-95 by operation of Government Code section 11346.1(f) (Register 95, No. 9).
9. Amendment of subsection (c) and NOTE refiled 3-3-95 as an emergency; operative 3-3-95 (Register 95, No. 9). A Certificate of Compliance must be transmitted to OAL by 7-1-95 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 3-3-95 order including amendment of subsection (c) transmitted to OAL 2-22-95 and filed 4-5-95 (Register 95, No. 14).

Note: Authority cited: Sections 10725 and 14124.5, Welfare and Institutions Code. Reference: Sections 14005, 14005.3, 14005.11 and 14109, Welfare and Institutions Code; Sections 426(b), 426-1, 1396 a(a), 1396d(p), 1396d(s) and 9902(2), Title 42, United States Code; and Sections 4-7.18(b)(2), 405.210(b)(1)(iv), 408.5, 408.12, 408.13 and 435.603, Title 42, Code of Federal Regulations.

1. Amendment of subsection (a)(4) and repealer of subsection (a)(5) filed 5-16-80 as an emergency; effective upon filing (Register 80, No. 20). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-14-80.
2. Certificate of Compliance filed 8-22-80 (Register 80, No. 34).
3. Amendment filed 7-5-88; operative 8-4-88 (Register 88, No. 31).
4. Amendment of subsection (c) 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.
5. Certificate of Compliance transmitted to OAL 12-11-90 and filed 1-9-91 (Register 91, No. 8).
6. Amendment of subsection (c) and Note filed 10-3-94 as an emergency; operative 10-3-94 (Register 94, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-31-95 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History Note 6 (Register 95, No. 9).
8. Reinstatement of subsection (c) and Note as they existed prior to emergency amendment filed 3-2-95 by operation of Government Code section 11346.1(f) (Register 95, No. 9).
9. Amendment of subsection (c) and Note refiled 3-3-95 as an emergency; operative 3-3-95 (Register 95, No. 9). A Certificate of Compliance must be transmitted to OAL by 7-1-95 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 3-3-95 order including amendment of subsection (c) transmitted to OAL 2-22-95 and filed 4-5-95 (Register 95, No. 14).