Section 50338 - Other Persons in California Institutions(a) Persons living in California institutions, other than persons specified in Section 50334 shall be considered California residents.(b) Notwithstanding (a), the Director shall have the authority to determine the state of residence for persons in California institutions in accordance with federal Medicaid regulation 42 CFR 435.403. The determination shall be based upon such factors as the person's age, competency, former state of physical presence and the residence of the person's parents, or in accordance with an interstate agreement entered into by the Director and another state's medical assistance agency. The county department shall, upon request by the Director, obtain the information necessary for the determination to be made.Cal. Code Regs. Tit. 22, § 50338
1. New section filed 10-23-81; effective thirtieth day thereafter (Register 81, No. 43).
2. Amendment of subsection (b) filed 5-17-93 as an emergency with Secretary of State by the Department of Health Services; operative 5-17-93. Submitted to OAL for printing only pursuant to 1992 Senate Bill 485 (Register 93, No. 21). Note: Authority cited: Sections 10725 and 14124.5, Welfare and Institutions Code. Reference: Section 14007, Welfare and Institutions Code.
1. New section filed 10-23-81; effective thirtieth day thereafter (Register 81, No. 43).
2. Amendment of subsection (b) filed 5-17-93 as an emergency with Secretary of State by the Department of Health Services; operative 5-17-93. Submitted to OAL for printing only pursuant to 1992 Senate Bill 485 (Register 93, No. 21).