Section 50101 - County Department Responsibilities(a) The county department shall: (1) Be responsible for determining initial and continuing eligibility for Medi-Cal applicants or beneficiaries promptly and humanely, in accordance with: (A) Medi-Cal regulations.(B) Departmental directives.(2) Construe Medi-Cal regulations fairly and equitably when determining Medi-Cal eligibility.(3) Have available at each office copies of all laws, rules, regulations and bulletins relating to Medi-Cal.(4) Comply with state hearing decisions of the Director.(5) Assist applicants or beneficiaries in understanding their rights and responsibilities in relation to application for Medi-Cal.(6) Evaluate the capacity of the applicants or beneficiaries to discharge their responsibilities as set forth in these regulations.(7) Assist applicants or beneficiaries as needed in establishing their eligibility.(8) Determine eligibility, assess need, and authorize personal care program services for eligible beneficiaries, as needed.(b) The county department shall take the following actions whenever an applicant or beneficiary, who is applying for or receiving Medi-Cal on behalf of a child under eighteen years of age who was born out of wedlock or who has an absent parent, meets his/her responsibilities as specified in Section 50185(a) 10. (1) As soon as possible after the applicant's or beneficiary's opportunity to claim good cause as specified in 50771.5, and not later than two working days after approval of eligibility, the county shall provide to the district attorney the following forms, whether or not the Child/Spousal and Medical Support Notice and Agreement (CA 2.1 Notice and Agreement) has been completed;(A) A completed Referral to District Attorney (CA 371, Revised December 1992)(B) A Child Support Questionnaire (CA 2.1 Q Support Questionnaire, Revised March 1993), if one has been completed;(C) Health Insurance Questionnaire (DHS 6155, Revised October 1990), if one has been completed.(D) Any other forms or information requested by the district attorney.(2) If the referral described in (1) above has previously been provided to the district attorney, the county shall promptly report to the district attorney whenever good cause has been claimed. The district attorney will suspend all activities to establish paternity or secure medical support until notified of a final determination of good cause by the county.(3) The county shall promptly report to the district attorney all cases in which it has been determined that there is or is not good cause for refusal to cooperate as specified in Section 50771.5. The district attorney will not undertake to establish paternity or secure support if there has been a finding of good cause unless there also has been a determination by the county that the district attorney may proceed without the participation of the parent or caretaker relative. If there has been such a determination, the district attorney may undertake to establish paternity or secure support but may not involve the parent or caretaker relative.(4) If the county determines that the applicant or beneficiary and the child on whose behalf the application was filed are not eligible, the applicant or beneficiary shall be informed that he/she may go to the district attorney for help in locating the absent parent(s) of the child, collecting child and medical support for the child, and establishing paternity.(5) The county shall provide the district attorney with any information requested concerning medical support cases and shall advise the district attorney in writing if any of the following circumstances arise: (A) A person is added to or deleted from the MFBU.(B) The child ceases living with the person who is receiving Medi-Cal on his/her behalf.(C) A child moves out of foster care and begins living with a parent or relative.(D) A child has been accepted for adoption by a public or private adoption agency or such an acceptance has been terminated.(E) Medi-Cal benefits have been discontinued.(6) If the district attorney notifies the county that the applicant or beneficiary has not cooperated, the county shall verify the facts, determine whether he/she had good cause for failure to cooperate pursuant to Section 50771.5, and notify the district attorney of the determination.(7) Prior to making a final determination of good cause for refusing to cooperate, the county shall:(A) Afford the district attorney the opportunity to review and comment on the findings and basis for the proposed determination;(B) Consider any recommendation from the district attorney; and from any witnesses on behalf of the applicant in any hearing that results from an applicant's or beneficiary's appeal of any county action relating to establishing paternity or securing medical support.Cal. Code Regs. Tit. 22, § 50101
1. Amendment filed 5-30-80 as an emergency; effective upon filing (Register 80, No. 22). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-27-80.
2. Certificate of Compliance filed 9-26-80 (Register 80, No. 39).
3. Amendment of subsection (a)(2) filed 3-25-83; effective thirtieth day thereafter (Register 83, No. 13).
4. Editorial correction of NOTE filed 7-7-83 (Register 83, No. 29).
5. New subsection (a)(8) filed 4-14-93 as an emergency; operative 4-14-93. Submitted to OAL for printing only pursuant to section 8, AB 1773 (Chapter 939, Statutes of 1992) (Register 93, No. 16).
6. New subsections (b)-(b)(7)(B) and amendment of NOTE filed 4-16-93 as an emergency; operative 4-16-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 8-16-93 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 4-16-93 order including amendment of subsection (b)(1)(C) and NOTE transmitted to OAL 8-13-93 and filed 9-23-93 (Register 93, No. 39). Note: Authority cited: Sections 10725 and 14124.5, Welfare and Institutions Code. Reference: Sections 10000, 10058, 10747, 10800, 10963, 11000, 11490, 14008.6 and 14016, Welfare and Institutions Code; and 42 C.F.R. Sections 433.135, 433.136, 433.137, 433.138, 433, 145, 433.146, 433.147, 433.148 and 435.604.
1. Amendment filed 5-30-80 as an emergency; effective upon filing (Register 80, No. 22). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-27-80.
2. Certificate of Compliance filed 9-26-80 (Register 80, No. 39).
3. Amendment of subsection (a)(2) filed 3-25-83; effective thirtieth day thereafter (Register 83, No. 13).
4. Editorial correction of NOTE filed 7-7-83 (Register 83, No. 29).
5. New subsection (a)(8) filed 4-14-93 as an emergency; operative 4-14-93. Submitted to OAL for printing only pursuant to section 8, AB 1773 (Chapter 939, Statutes of 1992) (Register 93, No. 16).
6. New subsections (b)-(b)(7)(B) and amendment of Note filed 4-16-93 as an emergency; operative 4-16-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 8-16-93 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 4-16-93 order including amendment of subsection (b)(1)(C) and Note transmitted to OAL 8-13-93 and filed 9-23-93 (Register 93, No. 39).