Statutes, codes, and regulations
California Code Of Regulations
Title 22 - Social SecurityDivision 3 - Health Care ServicesSubdivision 1 - California Medical Assistance ProgramChapter 2.5 - Third Party Liability
Article 2 - Estate Recovery
Section 50962 - Notification

Cal. Code Regs. tit. 22 § 50962

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Current through Register 2024 Notice Reg. No. 24, June 14, 2024
Section 50962 - Notification
(a) Within 90 days of the date of death of an individual who received or may have received Medi-Cal benefits, or was the surviving spouse of a person who received Medi-Cal benefits, the attorney for the estate, or if there is no attorney, the beneficiary, the personal representative, or the person in possession of property of the decedent, shall give written notice by mail of the decedent's death to the Director of the Department of Health Care Services at his or her Sacramento office, or, Estate Recovery Section, Mail Stop 4720, P.O. Box 997425, Sacramento, CA 95899-7425. The notice shall include a copy of the decedent's death certificate. Any other notice or submission of county vital records (i.e., death certificate) to the State Registrar of Vital Statistics or other governmental entities shall not satisfy this requirement.
(b) Date of notice of the decedent's death to the Director shall be deemed as the date that the notice is postmarked; or in the absence of a postmark, the date stamp posted by the Department upon receipt of the notice; or in the absence of a date stamp, the date on the original proof of mailing that references the decedent's name, from the person or entity giving notice to the Department.
(c) The Department shall provide written notice to the person handling the decedent's estate, which includes the following:
(1) The basis for the estate claim; the specific statutes and regulations supporting the claim; the basis for an exemption from the claim; the right to seek a waiver of the Department's claim; the right to contest the Department's claim; the right to request an estate hearing if dissatisfied with the waiver decision; the timeframes for requesting a waiver or estate hearing; and the basis for the applicant to seek a waiver or estate hearing due to substantial hardship; and
(2) A copy of the itemized Medi-Cal payments that constitute the basis for the claim; and
(3) An Application for Hardship Waiver, form DHCS 6195 (05/15).
(d) The person handling the estate of the decedent shall notify all dependents, heirs, or survivors of the Department's claim and their right to seek a waiver of or to contest the Department's claim against the estate. The person handling the estate shall also notify any surviving child of the decedent, or his or her representative, of the right to seek an exemption from the Department's claim.
(e) An applicant has 60 days from the date stated on the Department's notice of claim in which to submit an application for waiver due to substantial hardship.

Cal. Code Regs. Tit. 22, § 50962

1. New section filed 5-2-94 as an emergency; operative 5-2-94 (Register 94, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-30-94 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 92, No. 39.
2. Repealed on 8-31-94 by operation of law.
3. New section filed 4-27-95 as an emergency; operative 4-27-95 (Register 95, No. 17). Exempt from OAL review pursuant to Chapter 147, Statutes of 1994, section 32. A Certificate of Compliance must be transmitted to OAL by 10-24-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-22-95 as an emergency; operative 11-22-95 (Register 95, No. 47). Exempt from OAL review pursuant to Chapter 147, Statutes of 1994, section 32. A Certificate of Compliance must be transmitted to OAL by 3-21-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-27-95 order, including amendment of section, transmitted to OAL 2-6-96 and filed 3-19-96 (Register 96, No. 12).
6. Amendment of section and NOTE filed 3-23-2005; this filing is deemed an emergency and is exempt from review by OAL pursuant to Welfare and Institutions Code section 14043.75(a); effective 3-23-2005 (Register 2005, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-2005 or emergency language will be repealed by operation of law on the following day.
7. Reinstatement of section and NOTE as they existed prior to 3-23-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2005, No. 41).
8. Amendment of section and NOTE filed 5-10-2006; operative 5-10-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 19).
9. Amendment of subsections (c)-(e) and amendment of NOTE filed 7-16-2007; operative 8-15-2007 (Register 2007, No. 29).
10. Change without regulatory effect amending subsections (a) and (c)(3) filed 4-15-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 16).
11. Amendment of subsection (c)(3) and amendment of NOTE filed 9-3-2015; operative 1-1-2016 (Register 2015, No. 36).

Note: Authority cited: Section 20, Health and Safety Code; and Sections 10725 and 14124.5, Welfare and Institutions Code. Reference: Section 1396 p(b), 42 USC; Section 14009.5, Welfare and Institutions Code; Sections 215, 1215, 9202 and 19202, Probate Code; California Advocates for Nursing Home Reform v. Bontá (2003) 106 Cal. App. 4th 498; In re Marriage Cases (2008) 43 Cal.4th 757; Perry v. Brown (9th Cir. 2013) 725 F.3d 1140; Hollingsworth v. Perry (2013) 570 U.S. 12-144; and United States v. Windsor (2013) 570 U.S. 12-307.

1. New section filed 5-2-94 as an emergency; operative 5-2-94 (Register 94, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-30-94 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 92, No. 39.
2. Repealed on 8-31-94 by operation of law.
3. New section filed 4-27-95 as an emergency; operative 4-27-95 (Register 95, No. 17). Exempt from OAL review pursuant to Chapter 147, Statutes of 1994, section 32. A Certificate of Compliance must be transmitted to OAL by 10-24-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-22-95 as an emergency; operative 11-22-95 (Register 95, No. 47). Exempt from OAL review pursuant to Chapter 147, Statutes of 1994, section 32. A Certificate of Compliance must be transmitted to OAL by 3-21-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-27-95 order, including amendment of section, transmitted to OAL 2-6-96 and filed 3-19-96 (Register 96, No. 12).
6. Amendment of section and Note filed 3-23-2005; this filing is deemed an emergency and is exempt from review by OAL pursuant to Welfare and Institutions Code section 14043.75(a); effective 3-23-2005 (Register 2005, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-2005 or emergency language will be repealed by operation of law on the following day.
7. Reinstatement of section and Note as they existed prior to 3-23-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2005, No. 41).
8. Amendment of section and Note filed 5-10-2006; operative 5-10-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 19).
9. Amendment of subsections (c)-(e) and amendment of Note filed 7-16-2007; operative 8-15-2007 (Register 2007, No. 29).
10. Change without regulatory effect amending subsections (a) and (c)(3) filed 4-15-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 16).
11. Amendment of subsection (c)(3) and amendment of Note filed 9-3-2015; operative 1/1/2016 (Register 2015, No. 36).