1. (a) California residence is a requirement for Medi-Cal eligibility.

2. (b) California residence shall be established by either of the following if the verification requirements of Section 50320.1 are met:

   1. (1) The applicant is physically present and is living in California with the intention to remain permanently or for an indefinite period.
   2. (2) The applicant is physically present, is living in California and entered the State with a job commitment or to seek employment, whether or not currently employed.

3. (c) Children living with their parents shall have their residence determined as that of their parents, except that parents who do not meet the California residency requirements may establish California residence for their children if both of the following circumstances apply. The parents:

   1. (1) Intend for their children to remain in California on other than a temporary basis.
   2. (2) Have made arrangements for the children to remain in California independent of the parents.
4. (d) Family members may establish separate residences without a break in marital or family ties. Only those family members who meet the requirements of this article shall be eligible for Medi-Cal.
5. (e) Once California residence is established it continues until residence is established in another state or country.
6. (f) A person's declaration on the MC 210 Statement of Facts (Medi-Cal), or on the SAWS 2 Statement of Facts, together with the evidence required in Section 50320.1, shall be accepted for purposes of establishing residence unless there is evidence to the contrary.

Note: Authority cited: Sections 10725 and 14124.5, Welfare and Institutions Code. Reference: Section 66, Chapter 722, Statutes of 1992 and 42 Code of Federal Regulations 435.403.

History

1. Relettering of subsection (c) to subsection (d) and new subsection (c) filed 2-6-80 as an emergency; effective upon filing. A Certificate of Compliance must be transmitted to OAH within 120 days or emergency language will be repealed on 6-6-80. (Register 80, No. 6).

2. Certificate of Compliance filed 6-6-80 (Register 80, No. 23).

3. Amendment filed 10-23-81; effective thirtieth day thereafter (Register 81, No. 43).

4. Amendment of subsection (b)-(b)(2), (e), (f) and Note filed 5-17-93 as an emergency with Secretary of State by the Department of Health Services; operative 5-17-93. Submitted to OAL for printing only pursuant to 1992 Senate Bill 485 (Register 93, No. 21).