SB 483 (Kuehl) has been amended to incorporate the Department of Health Care Services' provisions for implementing the Deficit Reduction Act of 2005 (DRA) changes to the Medicaid rules. The DRA requires states to impose specific limitations on eligibility for applicants and beneficiaries of home and facility care services that are subject to Medicaid/Medi-Cal reimbursement. States are required to implement these provisions or risk the loss of federal financial participation.
By including a provision that laws will be prospectively applied, SB 483 protects applicants and beneficiaries who have relied on current law for their eligibility. In addition, SB 483 incorporates substantial hardship provisions to protect those consumers who would otherwise be denied life-sustaining services.
(Note: A lot of questions have been asked about transfers made before the DRA provisions were implemented. Although SB 483 does not include the details of proposed regulations in advance, the regulations will not apply to transfers made on or before the new regulations become effective. It will be similar to the implementation of the Medicare Catastrophic Repeal Act (MCCA) rules — only applicable to transfers made on or after the date the regulations are filed with the Secretary of State.)
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