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§ 50417. Utilization--Good Cause.

22 CA ADC § 50417Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 22. Social Security
Division 3. Health Care Services
Subdivision 1. California Medical Assistance Program (Refs & Annos)
Chapter 2. Determination of Medi-Cal Eligibility and Share of Cost
Article 9. Property
22 CCR § 50417
§ 50417. Utilization--Good Cause.
(a) Good cause, as required in Section 50416 (d), shall be found only if the applicant or beneficiary has made a bona fide effort to meet utilization requirements and is unable to do so because of circumstances beyond such person's control.
(b) Circumstances beyond a person's control shall include any of the following situations:
(1) Death of a part owner of the property and inability or refusal of the administrator or executor of the estate or other responsible person to complete disposition of the property if such person is other than the applicant or beneficiary.
(2) Misplaced reliance by the applicant or beneficiary upon what appeared to be a bona fide offer. The county department shall require a copy of the written offer for the property as evidence that the offer was bona fide. Misplaced reliance may have resulted if the offer was either of the following:
(A) Bona fide but the purchaser was unable to complete the purchase.
(B) Apparently bona fide but eventually found not to be bona fide.
(3) Prolonged illness causing the seller to be homebound or hospitalized during the utilization period and unable to take the necessary action to meet utilization requirements or to arrange for an agent to do so.
(4) Like reasons which the county department determines meet the general intent of good cause.

Credits

Note: Authority cited: Sections 10725 and 14124.5, Welfare and Institutions Code. Reference: Sections 11153.7 and 14006, Welfare and Institutions Code.
History
1. Editorial correction filed 6-10-83 (Register 83, No. 24).
This database is current through 6/21/24 Register 2024, No. 25.
Cal. Admin. Code tit. 22, § 50417, 22 CA ADC § 50417
End of Document