Section 50409 - Transfer of Property Which Results in Ineligibility(a) Transfer of property shall result in ineligibility for Medi-Cal if:(1) the transfer met none of the conditions specified in Section 50408; or(2) the transfer was in return for an enforceable life care contract which includes complete medical care.(b) Transfer of property without adequate consideration shall result in ineligibility for Medi-Cal if the transfer was made to establish eligibility or to reduce the share of cost. (1) It shall be presumed that property transferred without adequate consideration was for the purpose of establishing eligibility or to reduce the share of cost as limited by (2).(2) To overcome the presumption, the applicant or beneficiary has the burden of establishing that this presumption is not correct.(A) The applicant or beneficiary shall provide evidence which may include verification of the onset of traumatic injury or illness, diagnosis of a previously undetected disability condition or unexpected loss of income or resources after transfer and/or that adequate resources were available at the time of the transfer of property for support and medical care considering such things as the applicant's or beneficiary's age, health, life expectancy, and ability to understand extent of resources.(B) Such evidence may also include other subjective evidence including, but not limited to, evidence that the claimant transferred in order to avoid probate and/or that the claimant had no knowledge of Medi-Cal or its benefits at the time of the transfer.(C) However, any such evidence presented must be convincing evidence in order to overcome the presumption stated in (b)(1) above.Cal. Code Regs. Tit. 22, § 50409
1. Amendment of subsection (a) filed 12-15-77; effective thirtieth day thereafter (Register 77, No. 51).
2. Editorial correction adding NOTE filed 6-10-83 (Register 83, No. 24).
3. Amendment filed 6-28-88; operative 7-28-88 (Register 88, No. 27). Note: Authority cited: Sections 10725 and 14124.5, Welfare and Institutions Code. Reference: Sections 14006 and 14015, Welfare and Institutions Code.
1. Amendment of subsection (a) filed 12-15-77; effective thirtieth day thereafter (Register 77, No. 51).
2. Editorial correction adding NOTE filed 6-10-83 (Register 83, No. 24).
3. Amendment filed 6-28-88; operative 7-28-88 (Register 88, No. 27).