1. (a) Absence from the State for more than 60 days shall be presumptive evidence of the applicant's or beneficiary's intent to change residence from California to a place outside the State unless the person declares in writing both:

   1. (1) An intent to return to California.

   2. (2) The existence of one of the following circumstances:

      1. (A) Illness or emergency circumstances which prohibit return to California.
      2. (B) Family members with whom the applicant or beneficiary lives are California residents and are physically present in the State.
      3. (C) The applicant or beneficiary maintains California housing arrangements.

2. (b) Unless there is evidence to the contrary, California residence may be considered to be terminated when an applicant or beneficiary leaves California and then takes any of the following actions in another state:

   1. (1) Purchases, leases or rents a residence.
   2. (2) Becomes employed.
   3. (3) Obtains an out-of-state driver's license.
   4. (4) Applies for aid in another state.
3. (c) Medi-Cal shall be discontinued effective the last day of the month in which residence terminated, if the 10 day notice can be given. Otherwise, the discontinuance shall be effective the last day of the following month.

Note: Authority cited: Sections 10725 and 14124.5, Welfare and Institutions Code. Reference: 42 Code of Federal Regulations 435.403.

History

1. Amendment of subsection (a) and new 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).