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DRA Implementation as of 1/01/09


DRA Update: No changes in California until regulations are filed

There have been a lot of questions about the effective date of the provisions of SB 483 (Kuehl), which incorporates the Department of Health Care Services’ provisions for implementing the Deficit Reduction Act of 2005 changes to the Medicaid rules. It is important to know that each Section of SB 483 includes provisions that ensure that the bill will not be implemented until non-emergency regulations are filed with the Secretary of State, and that the provisions will apply prospectively commencing from the date that regulations are filed with the Secretary of State.

Over the next year, the Department of Health Care Services will be drafting regulations to implement SB 483. Given the slow pace of the regulatory process, we do not expect final regulations for at least a year or more. Meanwhile, client advocates should know that the provisions of SB 483 will not be retroactive; that transfers made prior to the date that the regulations are filed with the Secretary of State will not be affected by the DRA provisions; and that current Medi-Cal rules will still apply until the regulations are promulgated and filed.

To stay up to date on the DRA implementation in California, subscribe to the CANHR Network News to receive legislative alerts and news of other changes.

Page Last Modified: May 15, 2009

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