• About CANHR
• Contact Us
• Consumer Resources
• Professional Resources
• Legislation
• Publications
• Información en español
• Information
  in Chinese
• Helpful Links
• Newsroom
• Home

2004 Annuity Regulations

---

R-32-00
4-1-06
5
Chapter 2.5. Third Party Liability
Article 1. Definitions
(3) Adopt Section 50960.2 to read:
50960.2. Annuity.
"Annuity" means a contract, which gives a person or entity the right to receive periodic payments of a fixed or variable sum, either for life or for a term of years, and which also may include a lump sum payment or periodic payments upon the death of the decedent.

---

(7) Adopt Section 50960.12 to read:
50960.12. Estate.
"Estate" means either:

(a) For individuals who die on or after October 1, 1993, and payments made on or after October 1, 1993, "estate" is defined as all personal property and other assets in which the decedent had any legal interest at the time of death (to the extent of such interest), including assets conveyed to a dependent, heir, survivor, or assignee of the decedent joint tenancy, tenancy in common, survivorship, life estate, living trust, annuities purchased on or after September 1, 2004, life insurance policy that names estate as the beneficiary or reverts to the estate, or any retirement account names the estate as the beneficiary or reverts to the estate;

(b) For individuals who died prior to October 1, 1993, "estate" defined according to the common law. For purposes of this article, estate includes property that passes from a decedent to his or her heirs by way revocable inter vivos trust.

---

50961. Estate Claims.

(a) The Department shall claim against the estate of a decedent, or against any recipient of the decedent's property by distribution or survival, an amount equal to the lesser of:

(1) All payments made by the Medi-Cal program on behalf of the decedent; or,

(2) The decedent's equity interest in the property.

(b) All payments made by the Medi-Cal program on behalf of decedents:

(1) Age 65 and older, who died prior to July 11, 1994, shall include all payments made for services provided at age 65 and older;

(2) Age 65 and older, who died on or after July 11, 1994, shall include all payments made from age 65 and older, in addition to any payments made from age 55 to 64 that were paid on or after October 1, 1993;

(3) Age 55 to 64, who died on or after July 11, 1994, shall include only those payments made on or after October 1, 1993.

(c) The Department's claim shall include all payments made by the Medi-Cal program on behalf of the decedent, including nursing facility and other long term care services, home and community based services, inpatient/outpatient services, durable medical equipment, related hospital and prescription drug services, health care and insurance premiums, and payments to managed care plans. The Department's claim shall not include payments made for personal care services provided under In-Home Support Services, or the cost of premiums, co-payments and deductibles paid on behalf of either Qualified Medicare Beneficiaries or Specified Low-Income Medicare Beneficiaries (QMB/SLMB).