Cal. Code Regs. tit. 22 § 50428

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

Section 50428 - Liens

(a) The Department shall record a lien against the ownership interest in the principal residence of an institutionalized beneficiary if the property meets the provisions of Section 50425(a)(7) unless:

(1) The individual did not receive a Notice of Action according to the provisions of Section 50179 or has not had the opportunity for a state hearing according to the provisions of Article 18 (commencing with Section 50951) of this Chapter. Such Notice shall include the following:

(A) The beneficiary has stated he/she does not intend to return to the principal residence from long term care;

(B) A lien will be recorded against the property for the cost of all Medi-Cal claims paid or to be paid on the beneficiary's behalf.

(C) The recording of the lien does not mean ownership of the property is lost or transferred.

(D) The requirements to list the property for sale that the applicant or beneficiary must meet to remain eligible for Medi-Cal in accordance with Section 50425.

(E) The beneficiary has the right to a county level review and a state hearing prior to recording of the lien or imposing any requirements to list the property for sale.

(F) The procedures for requesting a county level review and the time limits within which such requests must be made.

(b) Any recorded lien for an amount equal to the cost of medical care provided may be foreclosed only after one of the following:

(1) The beneficiary sells the property.

(2) The beneficiary dies and the following conditions are met:

(A) There is no surviving spouse.

(B) The beneficiary has no surviving child who is under the age of 21 or who is blind or disabled.

(c) Any lien shall dissolve when the beneficiary is discharged from LTC and returns to the principal residence to live.

(d) The county department shall notify the Department upon a determination that:

(1) All the criteria set forth in Section 50428(a) are met; or

(2) A person in long term care has been discharged and has returned to the principal residence to live.

Cal. Code Regs. Tit. 22, § 50428

1. New section filed 12-31-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-30-83.
2. Certificate of Compliance including editorial correction of subsection (b)(1)(B) transmitted to OAL 4-29-83 and filed 6-3-83 (Register 83, No. 23).
3. Editorial correction of subsection (b)(1)(B) refiled 7-6-83 (Register 83, No. 28).
4. Repealer filed 7-24-84 as an emergency; effective upon filing (Register 84, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-21-84.
5. Order of Repeal of 7-24-84 emergency order filed 12-20-84 by OAL pursuant to Government Code Section 11349.6 (Register 84, No. 51).
6. Amendment filed 12-2-85 as an emergency; effective upon filing (Register 85, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-1-86.
7. Certificate of Compliance transmitted to OAL 3-31-86 and filed 4-30-86 (Register 86, No. 18).

Note: Authority cited: Sections 10725, 14006.1 and 14124.5, Welfare and Institutions Code: Section 57(c), Chapter 328, Statutes of 1982; and Section 87, Chapter 1594, Statutes of 1982. Reference: Section 14006, Welfare and Institutions Code.