§ 58023. Medi-Cal Asset Protection.

“Medi-Cal Asset Protection” means the right extended to the insured by California when the insured uses the benefits of this Policy. This right allows the insured to protect one dollar of assets for every dollar this Policy pays out in benefits, in the event the insured later applies for Medi-Cal benefits or for other qualifying State long-term care benefits. The amount of this asset protection at any time is equal to the sum of all benefit payments made for the insured's care by this Policy. Should the insured later apply for Medi-Cal benefits or for other qualifying public long-term care benefits, he or she will not be required to expend the protected assets prior to becoming eligible for these public benefits. The insured's protected assets will also be exempt from any claim the State of California may have against his or her estate to recover the costs of State-paid long-term care or medical services provided to the insured.

HISTORY

1. New section filed 8-30-93 as an emergency; operative 8-30-93 (Register 93, No. 36). Submitted for printing only pursuant to section 22009, Welfare and Institutions Code.

2. Certificate of Compliance as to 8-30-93 order transmitted to OAL 12-30-93 and filed 1-28-94 (Register 94, No. 4).

3. Renumbering of former section 58023 to section 58022 and new section 58023 filed 10-1-98 as an emergency; operative 10-1-98. Submitted to OAL for printing only pursuant to Welfare and Institutions Code section 22009(d) (Register 98, No. 41). A Certificate of Compliance must be transmitted to OAL by 1-29-99 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 10-1-98 order transmitted to OAL 1-28-99 and filed 3-15-99 (Register 99, No. 12).

Note

Note: Authority cited: Section 22009(a), Welfare and Institutions Code. Reference: Sections 22004 and 22006(c), Welfare and Institutions Code.