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The following is a summary of the major changes included in SB 483:

Home Equity Limits

SB 483 increases the equity limit to $750,000. It defines "equity interest" as the lower of the assessed value or the appraised value, minus encumbrances, and bases increases in the 2011 and later equity limits on the Consumer Price Index. The home equity limits will not apply if:

  • The individual's spouse, minor, blind or disabled children is/are living in the home.

  • The individual was eligible for or receiving home and facility care before January 1, 2006.

  • Deny eligibility for the programs would cause demonstrated hardship.

Hardship Criteria

Consistent with the DRA provisions, SB 483 enables nursing homes to act on behalf of the beneficiary and authorizes the facility to request "bed hold" payments for up to 30 days in which the undue hardship process is in effect. The bill would also amend the Welfare and Institutions Code by including partial months of ineligibility.

The hardship criteria proscribed under SB 483 explains the provisions that will not be applied retroactively to individuals who were receiving services on or before January 1, 2006 or to those who applied on or after January 1, 2006, but before the regulations implementing the new provisions were filed with the Secretary of State.

Under SB 483, the undue hardship provisions for transfer of assets are substantial, and require that undue hardship be considered before any ineligibility finding. The provisions also include requirements for adequate notice, due process and opportunity for fair hearings.


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