Cal. Code Regs. tit. 22 § 50301.5

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 50301.5 - Opportunity to Document Satisfactory Immigration Status

(a) Alien applicants for full Medi-Cal benefits must present documents from INS or an order issued by the District Director of INS, the Executive Office of Immigration Review, or a federal court which serve as reasonable evidence of satisfactory immigration status for Medi-Cal purposes. After they are informed of this fact, they shall have 30 calendar days, or the time it actually takes the county department to process their Medi-Cal applications, whichever is longer, to submit such documents. The 30-day period begins at the time the applicant submits a completed form MC 13 (5/89) containing a declaration in writing, under penalty of perjury, which attests to his or her status as an alien.

(b) Applicants who do not present documentation indicating satisfactory immigration status within the period prescribed in subsection (a), are eligible for restricted Medi-Cal benefits if they meet all other program requirements.

(c) The county department shall provide adequate notice to the individual of any adverse action and shall accord to the individual an opportunity for a hearing in accordance with the Department of Social Services Manual of Policies and Procedures sections 22-017, 22-021 and 22-022.

Cal. Code Regs. Tit. 22, § 50301.5

1. New section filed 11-14-89 as an emergency pursuant to section 9 of chapter 1441 of the Statutes of 1988; operative 11-14-89 (Register 89, No. 48). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 3-14-90.
2. New section refiled 3-8-90 as an emergency pursuant to section 9 of chapter 1441 of the Statutes of 1988; operative 3-13-90 (Register 90, No. 12). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-11-90.
3. Certificate of Compliance as to 3-8-90 order transmitted to OAL 7-5-90 and disapproved 8-6-90 (Register 90, No. 42).
4. Repealer and new section filed 8-23-90 as an emergency pursuant to section 9 of chapter 1441 of the Statutes of 1988; operative 8-23-90 (Register 90, No. 42). A Certificate of Compliance must be transmitted to OAL by 12-21-90 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance including amendment as to 8-23-90 order transmitted to OAL 11-20-90 and filed 12-17-90 (Register 91, No. 5).

Note: Authority cited: Sections 10725 and 14124.5, Welfare and Institutions Code; and Section 9, Chapter 1441, Statutes of 1988. Reference: Sections 10950 to 10965, inclusive, 14007.5 and 14011, Welfare and Institutions Code.