Cal. Code Regs. tit. 9 § 7190

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 7190 - Client Financial Participation-General

(a) Clients shall financially participate to the extent required by this article in the cost of vocational rehabilitation services.

(b) The Department shall deny authorization of a specific service(s) to any client when it has been determined pursuant to this article that client financial participation is required and the client refuses or fails to do so. The Counselor shall record in the case record the reason for denying authorization of the service(s). Other services may continue to be authorized if the IWRP remains viable without the provision of the service(s) that was denied.

(c) For the purposes of this article, the following definitions shall apply:

(1) "Client income" means all money, before deductions except for a deduction equal to the amount paid for any court ordered child or spousal support payments, received by any of the persons specified in (A) through (D) during a calendar month. "Client income" does not mean financial assistance defined as a similar benefit in accordance with Sections 7026 and 7197.

(A) The client.

(B) The client's spouse, providing the client and spouse reside together.

(C) The parent(s) of a client under the age of 18 years with whom the client resides.

(D) The parent(s) of a client of any age who claim the client as a dependent for federal or state income tax reporting purposes, unless the only monies made available to the client are court ordered child support payments. In this case, only the monies received by the client are considered.

(2) "Household member" means only the following persons:

(A) If the client is 18 years of age or older, except as specified in (C):

1. The client.

2. The client's spouse, providing the client and spouse reside together.

3. The client's minor children under the age of 18 years residing with the client.

4. Any other person the client claims as a dependent for federal or state income tax reporting purposes.

(B) If the client is a minor under the age of 18 years:

1. The client.

2. The client's parent(s) and minor sibling(s) under the age of 18 residing with the client.

3. Any other person the client's parent(s) claims as a dependent for state or federal income tax reporting purposes.

(C) If the client is 18 years of age or older and is claimed by his/her parent(s) as a dependent for state or federal income tax reporting purposes:

1. The client.

2. The following persons, unless the only monies made available to the client by the parent(s) are court ordered child support payments:

a. The client's parent(s).

b. Any other person the parent(s) claims as a dependent for state or federal income tax reporting purposes.

(3) "Liquid assets" means cash, savings, checking accounts less any current month's income which has been deposited, or similar accounts, credit union funds, stocks, and negotiable bonds owned by any of the persons specified in (1)(A) through (D).

(4) "Medical exemption" means the monthly medical expenses that are necessary for a client to function independently including, but not limited to, medication, treatment, equipment, assistive devices, and special diet. "Medical exemption" also means the costs for extraordinary medical care incurred by other household members, providing the costs are not subject to payment by a third party, such as insurance, Medicare or Medical. It does not mean the cost of routine medical and dental care, or insurance premiums.

(5) "Routine medical and dental care" means care which would be received by a person without a substantial handicap, such as periodic check ups, treatment for influenza or a virus, or the filling of dental caries.

(6) "Surplus income" means the client's monthly income which exceeds the appropriate amount specified in section 7192.

(7) "Surplus liquid assets" means liquid assets which exceed $2,000.00 in value plus $750.00 additional value for each of the client's household members.

Cal. Code Regs. Tit. 9, § 7190

1. New article 11 (sections 7190-7194) filed 9-4-79 as an emergency; effective upon filing (Register 79, No. 36). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 1-2-80.
2. Certificate of Compliance filed 12-14-79 (Register 79, No. 50).
3. Repealer of article 11 (sections 7190-7194) and new article 11 (sections 7190-7194) filed 12-14-79; effective thirtieth day thereafter (Register 79, No. 50).
4. Renumbering of former article 11 (sections 7190-7194) to subchapter 5 (sections 7190-7194) filed 6-21-90; operative 7-21-90 (Register 90, No. 35).
5. Amendment filed 12-28-90; operative 1-27-91 (Register 91, No. 7).
6. Amendment of chapter heading, article heading and subsection (c)(1) filed 1-2-92; operative 3-2-92 (Register 92, No. 18).

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 34 CFR Section 361.47(b); and Section 19018, Welfare and Institutions Code.