August 2020 Update
Corona Virus/COVID-19 Specific Developments
Due to shelter-in-place orders during the novel corona virus/COVID-19 pandemic, some counties began using telehealth (video conference calls) to perform assessments instead of in-person, face-to-face meetings. See All County Welfare Directors Letter No. 20–42. While that letter expires on June 30, 2020, it demonstrates the necessity for practitioners to keep up on recent developments. California Department of Social Services All County Letters can be found at https://www.cdss.ca.gov/inforesources/letters-regulations/letters-and-notices/all-county-letters. See §6.15.
The Social Security Commissioner announced that the COVID-19 economic income payments will not be considered income or a countable resource for SSI recipients. See Press Release, Statement from Social Security Commissioner Andrew Saul about COVID-19 Economic Impact Payments for Beneficiaries, Apr. 3, 2020, available at https://www.ssa.gov/news/press/releases/2020/#4-2020-1. See §§5.16–5.17.
Practitioners should be aware that the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) (Pub L 116–136, 134 Stat 281 (Mar. 27, 2020)) modified several statutory provisions relating to medicare. Many of the changes are not noted in this publication because the changes were beyond the scope of the text. (For example, §7.9 generally discusses end-stage renal disease (ESDR) medicare benefits, but does provide in-depth analysis of clinical assessment requirements. Accordingly, the possible waiver of the face-to-face clinical assessment requirement for ESDR is not discussed.) Practitioners advising clients regarding benefit requirements during the COVID-19 emergency period, or any subsequent emergency period, should pay close attention to all current developments.
2010 census data is now found at https://data.census.gov/cedsci, which also contains data from the yearly American Community Survey. See §1.2.
Effective January 1, 2018, domestic partnerships were made available to all couples, not just same-sex couples or opposite-sex couples in which one party was over the age of 62. Fam C §297.
The presumption of undue influence and fraud provided by Prob C §21380 now includes donative transfers to care custodians who marry, or commence a cohabitation or domestic partnership with, a transferor who is a dependant adult at the time services are rendered to the dependent adult, or shortly after the termination of the services. See §2.27A.
The new federal law, the Families First Coronavirus Response Act (Pub L 116–127, 134 Stat 177) allows full-time and part-time workers, including IHSS and Waiver Personal Care Services (WPCS) providers, sick leave benefits relating to the COVID-19 pandemic until December 31, 2020. See §6.22.
California Advocates for Nursing Home Reform v Smith (2019) 38 CA5th 838 distinguished Conservatorship of Wendland (2001) 26 C4th 519. See §4.28.
SSI/SSP recipients are now eligible for the CalFresh nutrition assistance program. See §5.14.
The sale of a conservatee’s residence, even by conservators with independent powers of sale, now requires certain notices to the court before the conservatee commits significant resources to the sale. Prob C §2540(b)–(c). The showing required to demonstrate the sale is in the best interests of the conservatee now requires consideration of the purchase price, commissions, capital gains and income tax liability, and impacts to the conservatee’s access to governmental benefits. Prob C §2591.5. See §6.10A.
Centers for Medicare & Medicaid Services updated the mandatory notice provided to medicare patients on discharge, the Important Message From Medicare (CMS form CMS-10065) (formerly CMS-R-193) and Detailed Notice of Discharge (CMS-10066). See §7.24.
Due to changes to Medicare regulations, certain medical supplies, appliances, and devices (e.g., prosthetic devices and artificial limbs and eyes) are now considered durable medial equipment and subject to the same coverage criteria. 42 CFR §410.36. See §7.49.
California launched the California Advancing and Innovating Medi-Cal (CalAIM), which will cause the termination of the Coordinated Care Initiative at the end of 2022. See §§7.156, 7.181B. CalAIM proposals are currently in flux, but on proposal may result in the enrollments of certain participants. See §7.181E.
A new, detailed, chart comparing Medigap plans available after 2010 is located in §7.184A.
Appeals following a QIC Medicare claim dismissal now require the appellant to provide detailed information about the appeal. 42 CFR §405.1014(a). See §8.31.
The time for approval of Part B drug requests has been shortened to 72 hours for a standard organizational determination, and approved expedited determinations for Part B drug requests must now be made within 24 hours from receipt of the request, and the determination cannot be extended. 42 CFR §§422.568(b)(2), 422.572(a)(2). See §§8.64–8.66.
Changes to 24 CFR §206.125(b) now allows an heir or other family member to satisfy an existing reverse mortgage that is subject to repayment due to the borrower’s death by purchasing the property for at least 95 percent of its date-of-death appraised value, altering the rule of prior HUD Mortgagee Letter (ML) 2008–38. See §14.19A.