Appendix — Beltran v. Myers

Supreme Court brief1981

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2 AES RS ie

No. 80-5303

In the Suyreme Court of the United Stes

OCTOBER TERM, 1980

ANTONIA BELTRAN, INDIVIDUALLY AND ON BEHALF OF

ALL OTHER SIMILARLY SITUATED, PETITIONER,

,

BEVERLEE A. MYERS, INDIVIDUALLY AND AS DIRECTOR,

CALIFORNIA STATE DEPARTMENT OF HEALTH,

RESPONDENTS

ON WRIT OF CERTIORARI TO THE

UNITED STATES COURT OF APPEALS FOR

THE NINTH CIRCUIT

JOINT APPENDIX

GEORGE DEUKMEJIAN,

Attorney General

THOMAS WARRINER,

Assistant Attorney General

ANNE S. PRESSMAN,

GILL DEFORD DONALD A. ROBINSON,

NEAL S. DUDOVITZ RICHARD J. MAGASIN,

National Senior Citizens Deputy Attorneys General

Law Center 3580 Wilshire Boulevard,

1636 West 8th Street, #201 Suite 800

Los Angeles, California 90017 Los Angeles, California 90010

Telephone: (213) 388-1381 Telephone: (213) 736-2214; 2606

Attorneys for Petitioners Attorneys for Respondent

PETITION FOR WRIT OF CERTIORARI

FILED AUGUST 27, 1980

CERTIORARI GRANTED NOVEMBER 3, 1980

TABLE OF CONTENTS

PROUVANE DOCKOE EMUTIOS oie cece recccevveees

Complaint (with Exhibits A, B, C and D).........

RE Oe a ok 8 hao ik oe Nee ocee teed gere

Order Granting Plaintiffs’ Motion for Certification

i eG A eels Se Pais k bie BRO 6 680 WN ban wore’

Findings of Fact and Conclusions of Law .........

ING STi cava dae cb unceebuvationcwcwe

Opinion of the United States Court of Appeals for

SE UN REE Cig Nis Nabe ihe cv.cck ey ee scans

SINE ROMO GUUOUTUI Vi cspccesicatesvecesdes

Order of the Supreme Court of the United States

Granting Motion for Leave to Proceed in forma

pauperis and Granting Petition for Writ of Cer-

Ps abd b Wak Khoa eas ea cae nko eee ec esheses te

RELEVANT DOCKET ENTRIES

IN THE UNITED STATES DISTRICT COURT FOR

THE CENTRAL DISTRICT OF CALIFORNIA:

Complaint in Intervention for Declaratory and In-

junctive Relief, filed February 26, 1979

Answer to Complaint in Intervention for Declaratory

and Injunctive Relief, Filed March 19, 1979

Order Granting Plaintiffs’ Motion for Certification of

the Class, filed May 10, 1979

Findings of Fact and Conclusions of Law, filed May

10, 1979

Summary Judgment, filed May 10, 1979

IN THE UNITED STATES COURT OF APPEALS FOR

THE NINTH CIRCUIT:

Opinion, filed May 14, 1980

Order Denying Rehearing, filed July 30, 1980

2

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

No. C 78 -2350 MML(Sx)

ROSSYE DAWSON, INDIVIDUALLY “ND ON BEHALF OF ALL

OTHERS SIMILARLY SITUATED, PLAINTIFF

US.

EDWARD BEACH, ET AL., DEFENDANTS.

ANTONIA BELTRAN AND ENOSINSIO MANAHAN, INDI-

VIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY

SITUATED, INTERVENOR-PLAINTIFFS.

COMPLAINT IN INTERVENTION FOR

DECLARATORY AND INJUNCTIVE RELIEF

FILED FEBRUARY 26, 1979

CLASS ACTION

INTRODUCTION

1. This class action challenges the failure of the State of

California to provide Medicaid benefits (referred to in

California as “Medi-cal”) to individuals otherwise eligible

because of the State’s application of an additional eligibil-

ity requirement which does not comport with controlling

federal law.

JURISDICTION

2. Jurisdiction is invoked pursuant to 28 U.S.C. § 1343

(3) and (4), which provide for original jurisdiction of this

court over actions authorized by 42 U.S.C. § 1983 to red-

ress the deprivation of rights under color of state law.

Jurisdiction is also conferred by 28 U.S.C. § 1331, as there

is more than $10,000 in controversy; an actual controversy

3

does exist and plaintiff seeks a declaration of rights pur-

suant to the Declaratory Judgment Act, 28 U.S.C.

§§ 2201, 2202.

PARTIES

3. Intervenor-plaintiff ANTONIA BELTRAN is an eighty-

six (86) year old resident of Los Angeles, California, who

requires, and who, because of physical frailty, will con-

tinue to require, long-term care in a nursing home facility.

4. Intervenor-plaintiff ENOSINSIO MANAHAN is an

eighty-five (85) year old long term care patient living in a

convalescent home in Anaheim, California. Because of

age-related, severe illness, he requires and will continue

to require long-term care in a nursing home facility.

5. Defendant EDWARD BEACH is the former Director of

the State Department of Health Services, and pursuant to

Rule 25(d)(1), F.R.Civ.P., his successor is automatically

substituted as a party. His successor and the present Di-

rector of the State Department of Health Services is

Beverly A. Myers, and as Director she is responsible for

the overall administration of the Medi-Cal Program.

6. Defendant BRUCE YARWOOD is the Deputy Director

of the State Department of Health Services and is in

charge of the Medi-Cal Division of the Department.

CLASS ACTION ALLEGATIONS

7. Intervenors Beltran and Manahan bring this action

on their own behalf and, pursuant to Rules 23(c) and

23(b)(2) of the Federal Rules of Civil Procedure, as the

representatives of a class consisting of all aged, blind, and

disabled individuals who have been, are being, or will be,

denied Medi-Cal benefits because of an alleged transfer of

assets for inadequate consideration pursuant to Welfare

and Institutions Code (“W.&I.C.”), Section 14015, and 22

Cal. Admin. Code § 50409. The class is so numerous that

joinder of all its members is impracticable. There are

questions of law and fact common to the class. Inter-

venors’ claims are typical of the claims of all class mem-

7%

4

bers, and intervenors will fairly and adequately protect

the interests of the class. In addition, defendants have

acted and continue to act on grounds generally applicable

to all members of the class, thereby making appropriate

declaratory and injunctive relief with respect to the class

as a whole.

STATUTORY AND REGULATORY FRAMEWORK

8. The Medical Assistance Program (referred to gener-

ally as “Medicaid”) is a cooperative federal-state program

established pursuant to Title XIX of the Social Security

Act, 42 U.S.C. § 1396, et seq. In accordance with the Act,

the Secretary of the Department of Health, Education and

Welfare promulgates regulations which, in addition to the

statutes, provide the framework in which the states must

develop and operate their Medicaid programs.

9. California has chosen to participate in the Medicaid

program, and, consequently, the responsible state agency,

the State Department of Health Services, is required to

administer the program in compliance with federal stand-

ards.

10. Among the categories of individuals who, if they

meet income eligibility guidelines, are eligible fer

Medicaid, are the aged (over 65), blind, and disabled.

11. Under federal law, all recipients of Supplemental

Security Income (“SSI”), the federal cash benefit program

for the needy aged, blind and disabled, are automatically

eligible for Medicaid benefits. These eligibles are known as

the “categorically needy.” (Certain other groups, not here

involved, are also among the categorically needy.)

12. In addition, states have the option, pursuant to 42

U.S.C. § 1396a(a)(10)(C), of providing Medicaid benefits

to individuals who meet the categorical definitions (i.e.,

aged, blind or disabled) but who are not financially eli-

gible. Known as the “medically needy”, they may gain eli-

gibility for Medicaid by spending down on medical needs to

the eligibility level. California has a medically needy pro-

gram for its aged, blind and disabled.

7%

5

13. In the SSI program, the transfer of assets prior to

application for less than full consideration is not a relevant

factor in determining eligibility.

14. Under California law, transfer of property for less

than adequate consideration is specifically noted as an ex-

ception to the rule that the provision of health care will

not be restricted by property holdings. Under W.&I.C.

§ 14015,

any transfer of the holdings by gift or, knowingly,

without adequate and reasonable consideration, shall

be presumed to constitute a gift of property with in-

tent to qualify for assistance and such act shall dis-

qualify the owner for further aid for a period deter-

mined under standards established by the director

15. The state regulations implementing this provision

provide, inter alia, that:

To overcome the presumption, the applicant or ben-

eficiary has- the burden of establishing by objective

facts, rather than statement of subjective intent, that

this presumption is not correct. The applicant or ben-

eficiary shall provide evidence that adequate re-

sources were available at the time of the transfer of

property for support and medical care considering

such things as the applicant’s or beneficiary’s age,

health, life expectancy, and ability to understand the

extent of resources.

(A) The declaration of another purpose, such as to

avoid probate, by itself, shall not be sufficient to

overcome the presumptions. A showing that the sole

purpose of the transfer was for reasons other than to

establish eligibility or to reduce the share of cost shall

be supported by evidence such as that specified

above.

(B) The establishment of the fact that the applicant

or beneficiary did not have specific knowledge of the

availability of genefits of the Medi-Cal program is not

sufficient to overcome the presumption.22 Cal.Ad-

min.Code § 50409(b)(2).

16. Once a determination is made that a transfer was

effected improperly,

6

there shall be a period of ineligibility. This period

shall be the time during which the net market value of

the property at the time of transfer, less considera-

tion received, would have supported the applicant or

beneficiary and the applicant’s or beneficiary's family.

22 Cal.Admin.Code § 50411(a).

FACTUAL STATEMENT

17. Intervenor Antonia Beltran requires long-term care

in an institutional setting, and is expected to continue to

require such care for the indefinite future. She lived in her

own home with her husband, Philip, until March, 1978,

when her overall weakness required her to go to a conva-

lescent home. She has remained in convalescent homes

since that time, and is presently living in the Santa

Teresita extended care facility in Duarte, California.

18. On February 23, 1977, she and her husband, Philip,

grant-deeded their home in East Los Angeles to their

three children, Philip, Emilio, and Josephine. The deed

was recorded on March 7, 1977. After deeding the home,

they continued to live in it until Mrs. Beltran was forced to

leave in March, 1978. Mr. Beltran has continued to live in

the home to this day. In May, 1977, both of them were

found eligible for Medi-Cal under the state’s medically

needy program.

19. In the summer of 1978, Antonia Beltran was notified

that her Medi-Cal would be terminated. It was terminated

effective September 1, 1978, and she has not received

Medi-Cal benefits since that time. Her husband, Philip,

has continued to receive Medi-Cal benefits.

20. In the fall of 1978, Mrs. Beltran applied again for

Medi-Cal benefits. This application was denied in a Notice

of Action dated January 8, 1979. A copy of that Notice of

Action is attached to this complaint as Exhibit “A”.

21. The Notice of Action indicates that the Beltrans’

transfer of property in the winter of 1977 is the cause of

this denial. According to the Notice of Action, unless cer-

tain other conditions are met, Mrs. Beltran will remain in-

7

eligible for Medi-Cal for the next eight hundred eighty-

five (885) months, a period of more than 71 years.

22. Intervenor Enosinsio Manahan is an eighty-five (85)

year old long-term care patient living at the Fountainbleau

Convalescent Home, 3415 West Ball Road, Anaheim,

California. Because of advancing diabetes mellitus and

senile dementia, he requires long-term care in an institu-

tional setting and is expected to continue to require such

care for the indefinite future.

23. Mr. Manahan entered the convalescent home in

January, 1977, and since then has been separated and liv-

ing apart from his wife, Lucy Manahan. Mrs. Manahan re-

sides with her daughter by a previous marriage, Mrs.

Lucille Tom, to whom she pays monthly rent.

24. On April 12, 1978, application for Medi-Cal was

made on Ensinsio Manahan’s behalf by &#s step-daughter,

Mrs. Lucille Tom, at the Orange County Department of

Social Services.

25. On June 5, 1978, the Orange County Department of

Social Services denied Medi-Cal eligibility for Enosinsio

Manahan, on the grounds of a transfer of assets for in-

adequate consideration pursuant to Welfare and Institu-

tions Code § 14015 and 22 Cal. Admin. Code § 50409. This

denial was based on sale of the family home by Mrs. Man-

ahan in May, 1977, four months after Enosinsio Manahan

entered the convalescent home and eleven months before

the application for Medi-Cal was made. (Exhibit “B”, at-

tached to the complaint.)

26. On July 6 and 7, 1978, a Fair Hearing was held on

whether Orange County correctly denied Mr. Manahan’s

application for Medi-Cal benefits because of its determina-

tion that he transferred property in order to become eli-

gible. ;

27. The Hearing Officer recommended that Orange

County rescind its denial of the claimant’s Medi-Cal appli-

cation and that Mr. Manahan be allowed to spend down

$1,630.98 in order to meet the property limit for Medi-Cal.

(Exhibit “C”, attached to the complaint.)

8

28. On January 12, 1979, the Director of the State De-

partment of Health Services overturned the decision of the

hearing officer, and ruled that Orange County correctly

applied Section 50409(b) in denying Mr. Manahan’s Medi-

Cal application. The Director ruled that Mr. Manahan re-

ceived a community property share from the proceeds of

the sale of the home, and that he has not overcome the

presumption that the transfer of property was for the pur-

pose of establishing eligibility. (Exhibit “D”, attached to

the complaint.) :

29. The present outstanding balance to the nursing

home for cost of his care is $8,944.93.

IRREPARABLE INJURY

INADEQUACY OF REMEDY AT LAW

30. Defendant’s determination that plaintiff-intervenors

are ineligible for Medi-Cal benefits has caused them ir-

reparable harm, and continues to cause them irreparable

harm, in th&t they are incapable of paying for the cost of

necessary institutionalized care with their own incomes.

Without Medi-Cal benefits, they will be forced to leave the

institution.

31. There is no adequate remedy at law. Defendants are

depriving intervenors and their class of necessary health

care, and this harm is not susceptible of redress by a mere

award of money damages. Only injunctive relief can insure

the provision of health care to intervenors and their class.

FIRST CAUSE OF ACTION

32. California has chosen to provide Medi-Cal benefits

automatically to all recipients of SSI.

33. The SSI program does not predicate eligibility on a

transfer of assets for adequate consideration prior to ap-

plication. In order to meet the requirement that it provide

Medi-Cal benefits to all SSI recipients, California cannot

utilize a transfer of assets provision for its categorically

needy program.

yy

9

34. Pursuant to section 1902(a)(10)(C)(i) of the Social

Security Act, 42 U.S.C. § 1396a(a)(10)(C)(i), a state is

precluded from applying more restrictive eligibility condi-

tions to the medically needy than the categorically needy.

35. Additionally, federal regulations require that a state

use resource standards equal to the higher of the state’s

standards in the Aid to Families with Dependent Children

(AFDC) or SSI programs. 42 C.F.R. § 435.840(a), at 43

Fed. Reg. 45216 (September 29, 1978). [In the September

29, 1978, Federal Register, HEW reworded and re-

codified, but with no substantive changes, all of its

Medicaid regulations. 43 Fed. Reg. 45716, et seg. Title 42

C.F.R. § 435.840(a) is equivalent to the former 42 C.F.R.

§ 448.3(c)(1)(iv), which was itself previously codified at 45

C.F.R. § 248.3(¢)(1)(iv).]

36. By requiring that assets be transferred for adequate

consideration in order to be eligible for Medi-Cal, defend-

ants are applying an eligibility condition more restrictive

than that utilized in the SSI program, and thereby are in

violation of federal statutory and regulatory requirements.

SECOND CAUSE OF ACTION

37. Pursuant to 42 U.S.C. § 1396a(a)(17), states are

permitted to consider only income and resources which are

actually available to the recipient. By deeming the value of

a former property available to them when in fact neither

that property nor its cash value is available, defendants

are violating this federal requirement

THIRD CAUSE OF ACTION

38. By requiring applicants to demonstrate that they

disposed of assets for adequate consideration prior to ap-

plication, defendants have added an additional eligibility

condition which is nowhere found in the Social Security

Act. Such additional eligibility conditions are in violation

of the Supremacy Clause of the Constitution.

10

FOURTH CAUSE OF ACTION

39. Section 50409 of Title XXII, California Administra-

tive Code, represents a conclusive presumption that any

transfers of assets within a two-year period prior to appli-

cation are for the purpose of qualifying for aid. Section

14015, W.&I.C., conclusively presumes that any transfer

for inadequate consideration is for the purpose of obtain-

ing Medi-Cal benefits. There is no realistic opportunity to

rebut these presumptions, as section 50409(b)(2) of the

California Administrative Code does not permit any proof

of “subjective intent.” There is no logical nexus between

the basic fact of the transfer for inadequate consideration

and the presumed fact of transfer to obtain benefits.

FIFTH CAUSE OF ACTION

40. The transfer of assets rule has created two classes

of aged, blind and disabled individuals. One class consists

of those aged, blind and disabled who are automatically

eligible for Medi-Cal benefits without regard to any

transfer of assets that they may have made prior to ap-

plying for Medi-Cal. The other class consists of those

aged, blind and disabled who, like the first class, are in

need of health care but who are not eligible for SSI bene-

fits and are therefore subject to the transfer of assets rule

in applying for Medi-Cal. This classification is arbitrary

and irrational, and serves no legitimate purpose. It is con-

trary to a major goal of the Medicaid program, to provide

health care to needy aged, blind and disabled individuals

unable to pay for their own care. Such arbitrary and irra-

tional classifications violate the equal protection clause of

the 14th Amendment.

PRAYER FOR RELIEF

WHEREFORE, intervenors respectfully pray on behalf

of themselves and all others similarly situated that this

Court:

11

1. Assume jurisdiction over this case.

2. Certify by order at an appropriate time that this suit

is properly maintainable as a class action pursuant to Rule

23(b)(2) of the Federal Rules of Civil Procedure.

3. Declare that defendants’ policy of terminating Medi-

cal eligibility due to an alleged transfer of assets without

adequate consideration prior to applying for Medi-Cal, as

expressed in W.&1.C. § 14015 and 22 Cal.Admin.Code

§ 50409, violates controlling federal law and implementing

regulations, and the equal protection and due process

clauses of the Fourteenth Amendment to the United

States Constitution.

4, Enter a permanent injunction restraining defendants,

their successors in office, agents, and employees, and all

persons acting in concert with them, from denying Medi-

Cal benefits to the intervening plaintiffs and all members

of their class for the reason that they allegedly transferred

assets prior to application without due consideration.

5. Order defendant to notify all members of the class

that their ineligibility for Medi-Cal due to a transfer of

property without due consideration has been re-evaluated

and that if they are otherwise eligible: (1) they may reap-

ply for Medi-Cal without regard to any previous transfer

of assets; and (2) that they may request reimbursement for

these amounts which they were forced to spend on medical

care during the period of ineligibility based on a transfer

of assets which would otherwise have been covered by

Medi-Cal.

6. Award intervenors the costs of this suit, including

reasonable attorneys fees.

7. Grant such other and further relief as to the Court

seems just and proper.

12

DATED: February 8, 1979.

Respectfully submitted,

DANIEL HANTMAN

IRENE CARDEANS GALLARDO

PAUL HENRY ABRAM

RONALD L. TAYLOR

RICHARD Ross

GARY ROWSE

GILL DEFORD

NEAL DUDOVITZ

STUART PARKER

By

GILL DEFORD

Attorneys for Plaintiffs

13

MEDI-CAL Medi-Cal Central District #80

NOTICE OF ACTION 1801 W. Valley Blvd.

DENIAL/DISCONTINUANCE P.O. Box 2630

OF BENEFITS Alhambra, CA 91803

Antonia Beltran State No. 5243322

% Philip Beltran District: 80

1111% So. Lorena St. Denial/discontinuance for:

Los Angeles, CA. 90023 Antonia Beltran

We have reviewed all information available to us about

your circumstances, and we find that:

Your application for Medi-Cal dated 10/27/78 has

been denied.

[] Your eligibility to receive Medi-Cal will be discon-

tinued effective the last day of ;

(Month)

The reason for this denial/discontinuance is: the value of

the property you transferred on 3-7-77 causes your prop-

erty reserve to exceed the allowable maximum. You are

ineligible for a period of 285 months, or until you have

spent the excess value of $22,121,000 in medical bills.

Your period of ineligibility will also expire if your property

is returned to you or if you receive fair price for the prop-

erty you transferred.

[]) You did not return your completed RECORD OF

HEALTH CARE COSTS form for

(Month)

and so did not receive a Medi-Cal card. We will assume

that you wish to have your Medi-Cal eligibility discon-

tinued unless you request a RECORD OF HEALTH

CARE COSTS form for _.. from this

(Month)

office by . If we do not hear from

(date)

you, your eligibility will be discontinued effective the

last day of.

(Month)

The regulations which require this action are California

Administrative Code, Title 22, Section(s): 50411.2.24

EXHIBIT “A”

14

PERIOD OF INELIGIBILITY

If you are eligible for Medicare and your Medi-Cal eligi-

bility is discontinued, this means that is the

(Month)

last month the State will pay your premium for

supplementary insurance coverage (Part B Medicare). You

will receive a written notice from the Social Security Ad-

ministration, or you may call your Social Security District

Office if you have any questions about your Medicare

status.

If you have any questions about this action or if there

are additional facts relating to your circumstances which

you have not reported to us, please write or telephone. We

will answer your questions or make an appointment to see

you in person. Please remember that this action pertains

only to the circumstances you reported to us, and that you

may reapply at any time.

T Live 576-1261 1-8-79

(Eligibility Worker) (Phone) (dated)

EXHIBIT “A”

15

MEDI-CAL HUMAN SERVICES AGENCY/

NOTICE OF ACTION SOCIAL SERVICES

DENIAL/DISCONTINUANCE 1624 W. 19th STREET

OF BENEFITS P.O. Box 1999

SANTA ANA, CALIFORNIA 92702

Enosinsio Manahan

15261 Swallow Lane State No. 3013-0315454

Westminster, Ca. 92683 District: 09

Denial/discontinuance for:

MANAHAN, Enosinsio

We have reviewed all information available to us about

your circumstances, and we find that:

(} Your application for Medi-Cal dated 4/12/78 has been

denied.

C) Your eligibility to receive Medi-Cal will be discon-

tinued effective the last day of :

(Month)

The reason for this denial/discontinuance is: A period of

ineligibility exists starting 5/77 and are allowing expendi-

tures from transferred property at the rate of the State

maintenance Needs of $278. This accounts for approx.

$3600. of the transferred property for the period 5/77-

5/78. Therefore, as of 6/78 we have determined the re-

mainder of monies transferred without adequate consid-

eration to be $50,342. based on the information you pro-

vided on proceeds from sale of your home. (see attached.)

[]) You did not return your completed RECORD OF

HEALTH CARE COSTS form for and

(Month)

so did not receive a Medi-Cal card. We will assume that

you wish to have your Medi-Cal eligibility discontinued

unless you request a RECORD OF HEALTH CARE

COSTS form for __from this

(Month)

office by . If we do not hear from

(Date)

you, your eligibility will be discontinued effective the

last day of

(Month)

EXHIBIT “B”

16

The regulations which require this action are California

Administrative Code, Title 22, Secton(s): 50409,

50096 50411

If you are eligible for Medicare and your Medi-Cal eligi-

bility is discontinued, this means that

(Month)

is the last month the State will pay your premium for

supplementary insurance coverage (Part B Medicare). You

will receive a written notice from the Social Security Ad-

ministration, or you may call your Social Security District

Office if you have any questions about your Medicare

status.

If you have any questions about this action or if there

are additional facts relating to your circumstances which

you have not reported to us, please write or telephone. We

will answer your questions or make an appointment to see

you in person. Please remember that this action pertains

only to the circumstances you reported to us, and that you

may reapply at any time.

Patty Fleming 834-6152 6-5-78

(Eligibility Worker) (Phone) (Dated)

MANAHAN, Enosinsio

. 30138-0315454

Medi-Cal Notice of Action

You will not be eligible until these monies are expended

at a rate of $25.00 per month for Mr. Manahan, plus

$253.00 per month for Mrs. Manahan, plus substantiated

medical expenses.

EXHIBIT “B”

17

CALIFORNIA DEPARTMENT OF

HEALTH SERVICES

Fair Hearing No. 78163110 OR

State No. 30-13-315454

District

03 030 01 1

IN THE MATTER OF THE HEARING OF CLAIMANT

ENOSINSIO MANAHAN

15261 Shallow Lane

Westminister, CA 92683

Hearing Officer: ERNESTO J. PEREZ

Country Representative: JOHN JACOBS

Authorized Representative: TIM FLYNN

Place: Santa Ana, California

Date of Hearing: July 6 & 7, 1978*

Date of County Notice: June 5, 1978

Fair Hearing Filing Date: June 8, 1978

Air Paid Pending: N/A (Denial Action)

PROPOSED DECISION

ISSUE

The issue for resolution is whether Orange County cor-

rectly denied the claimant’s April 12, 1978 application for

Long-Term Care California Medical Assistance Program

(Medi-Cal) benefits because of its determination that he

transferred property in order to become eligible.

STATEMENT OF FACT 7

COUNTY ACTION AND POSITION:

Orange County took the above-action after determining

that the claimant’s community property share of the

*Record left open until July 28, 1978 for the claimant to submit addi-

tional documents. Such information was received, and the record was

closed on August 15, 1978. The county did not submit rebuttal evi-

dence.

EXHIBIT “C”

18

$75,000 proceeds from the sale of his home in May 1977

had been transferred for the purpose of establishing pro-

gram eligibility. In evaluating the disposition of the

$75,000, the county accepted the following transactions as

acceptable dispositions:

1. Claimant’s medical expenses $ 8,381.88

2. Spouse’s medical expenses 2,240.14

3. Claimant’s and spouse’s personal expenses 5,466.68

4. Burial plots for claimant and spouse 1,969.10

TOTAL: $18,057.80

After allowing the $18,057.80 expense, Orange County

identified $56,942.20 as the community property remain-

ing from the sale of the home ($75,000.00—

$18,057.80 = $56,942.20. The remainder was then halved

to determine the claimant’s community property share

from the proceeds of the sale of his home

(% x $56,942.20 = $27,648.65). As the claimant declared

ownership of a $2,999.96 savings account in his own name

on the date of application, the county contends that he has

failed to verify the disposition of $24,648.69 remaining

from his share from the transfer of his home. Inspection of

that account by the Hearing Officer established that the

monies are under the name of the claimant’s spouse and

her daughter (not adopted by claimant). Since that trans-

fer (creation of accounts and expenditures therefrom) oc-

curred within two years of this application it is Orange

County’s position that according to Title 22, California

Administrative Code (CAC), Section 50400(b) the claimant

now has the burden of demonstrating by objective facts

(rather than by statements of objective intents) that he

did not dispose of $24,648.69 for the purpose of establish-

ing program eligibility. Assuming that the claimant is un-

able to overcome the presumption that he transferred his

funds in order to establish program eligibility, the county

stated that since he is currently in long-term care status

he will become eligible for program participation at that

point when a $25 monthly maintenance allowance (plus

verified paid medical expenses) reduces his property

EXHIBIT “C”

19

holdings below the $1,500 limit for a one-person Medi-Cal

Family Budget Unit (MFBU).

Orange County rejected the claimant’s Authorized Rep-

resentative (AR) argument that the $75,000 proceeds from

the sale of his home were the separate property of his

spouse. The county stated that although the purchase of

that property may have initially been made possible as the

result of a gift or loan of money from the claimant’s

spouse’s mother directly to her daughter, the claimant’s

spouse’s testimony at the hearing established that these

monies were repaid by the claimant’s spouse during their

marriage from the claimant’s spouse’s earnings. The

county therefore reasoned that property obtained during

the marriage by use of a community property fund (earned

income) becomes community property and is no longer the

separate property of either spouse. Additionally, the

county pointed out that the only property which it alleged

to be owned by the claimant was the real property sold in

1977, in which the claimant was recorded by title deed as a

joint tenant in conjunction with his spouse.

Orange County refused to allow $18,476 expenditures as

reductions of the claimant’s personal property holdings

which the claimant’s spouse’s daughter claimed to have

been paid from the May 1977 property sale proceeds for

“loan commitments.” The county explained that affidavits

submitted to establish the occurrence of these transactions

are not sufficient to show that they were transfers to

satisfy legal debts because of the following:

1. All transactions were between the claimant and friends

or relatives. The county submits that where the re-

lationships of contracting parties are personal, the re-

quirements of Title 22, CAC, Section 50409(b) impose a

high standard of proof to establish that the transactions

were legally valid. Absent pre-existing evidence re-

garding how the obligations were incurred by the

claimant, the county submits that mere written state-

ments by those who received funds are insufficient;

EXHIBIT “C”

20 .

2. The affidavit by the claimant’s spouse’s daughter stat-

ing that she was paid $1,000 does not indicate what the

$1,000 was paid for;

3. The affidavit stating that the claimant’s spouse’s son-

in-law was repaid $2,176.10 fails to indicate what the

money was owed for and how it was originally provided;

and that

4. Three affidavits accounting for the receipt of $15,300

are vague as to when the monies or services were pro-

vided. Additionally, Orange County argued that the

fact that one affidavit is undated and the other two are

dated after April 19, 1978, establishes that no

previously-existing debts actually occurred between

these recipients and the claimant.

Notwithstanding its position that the $18,476 paid to the

-claimant’s spouse’s daughter, the claimant’s spouse’s

son-in-law, and three other friends or relatives was not a

transfer to satisfy a legal debt, the county pointed out that

even had it acknowledged such an amount as a valid dispo-

sition of the claimant’s property, his remaining holdings

still render him ineligible for current enrollment in the

Medi-Cal program ($27,648.65-$18,476.00 = $9,172.65).

No evidence was introduced to show that the county

completed an eligibility evaluation or advised the claimant

of qualification by spenddown.

CLAIMANT’S POSITION:

The claimant’s AR contended that Orange County had

incorrectly treated $37,500 from the sale of a home in May

1977 as the claimant’s community property share. He ar-

gued that the claimant had no community property share

in that property because it represented a 1963 transfer of

$7,500 paid to the claimant’s spouse by her mother as a

partial inheritance and for the services rendered to her by

her daughter.

Alternatively, it was argued that the family had prop-

erly accounted for the disposition of the claimant’s interest

in the proceeds from the May 1977 sale.

EXHIBIT “C”

21

Records and deeds were submitted to show the follow-

ing disposition of the $75,000:

1. Proceeds from home: $75,403.43

Gross Sales Price (Contract price plus taxes)

2. Less Closing Costs

a. Settlement charges $ 542.25

b. Payoff of second mortgage 9,421.59

ec. Interest for second mortgage

payoff 53.99

d. Statement fee + 15.00

e. Reconveyance fee 25.00

($10,057.83)

3. Cash due (1-2) — 10,057.83

$65,345.60

Of the remaining cash due ($65,345.60), $25,000 was re-

ceived in the form of a second trust deed on the property,

payable to the claimant’s spouse and her daughter as joint

tenants and as their sole and separate property. The terms

of the trust deed note provide that 3 percent interest will

be paid annually and that monthly installments of not less

$225 for a period of ten years shall be paid against the

principal. On February 6, 1978, this trust deed was trans-

ferred to the claimant’s spouse’s daughter as her separate

property. In reviewing a title search abstract provided by

the Title Search Section of the Los Angeles County De-

partment of Public Social Services, the record indicates

that the $25,000 trust deed is a product from the sale of

the claimant’s property in May 1977 in which he held a

joint tenancy with his spouse.

The AR argued that the $25,000 second trust deed

should be excluded from consideration as the claimant’s

property because it represents the legacy. which the claim-

ant’s spouse and her previous spouse intended for the

claimant’s non-adopted stepdaughter. The basis for this

contention was testimony at the hearing by the eclaimant’s

EXHIBIT “C”

22

spouse and her daughter. but no documentary evidence

(such as wills, letters, etc.) was provided.

Assuming the $25,000 is properly excluded, the AR then

argued that the outstanding amount to be accounted for is

$40,345.60 ($65,345.60 balance from home sale

proceeds—$25,000.00 second trust deed). The claimant’s

spouse and her daughter testified that the remainder has

been disposed of as follows: (Note: These are the transac-

tions which Orange County has labeled unacceptable “loan

commitments”.)

1. Loan repayment to George Tom

(spouse of claimant’s spouse’s daughter): $2,176.01

Both testified that the claimant’s spouse’s daughter and

her husband have assisted the claimant and his spouse

since 1960 when the claimant retired. They explained

that the claimant and his spouse only had Social Secu-

rity income of about $3,600 annually plus whatever the

claimant’s spouse could earn by sewing. The claimant’s

spouse’s daughter said that she and her husband helped

pay: (1) the claimant’s and his spouse’s property taxes

(which were up to $2,400 per year prior to the May 1977

sale), (2) medical expenses, (3) food and (4) miscellany.

She said that because of the claimant’s limited income,

other members of the family also helped out during the

last fifteen years.

To prove that the money paid to the son-in-law was

reimbursement for benefits received by the claimant

and his spouse, cancelled checks written from January

21, 1977, through March 22, 1978 were introduced to-

talling $2,411.05. These checks were written by George

Tom and made payable to the county tax assessor

($1,344.01), ambulance service companies ($240.40),

doctors ($549.00), utility companies ($231.84) and mis-

cellaneous ($45.80).

2. Loan Repayment to Lucille Tom: $1,000.00

The claimant’s spouse testified that her daughter

(Lucille Tom) has helped her since the claimant retired.

EXHIBIT “C”

23

To show that the payment of this money was for an

equal value of benefits received by the claimant, bank

records were submitted to establish that on May 19,

1977, Lucille Tont made a $1,000 payment to Union

Federal Savings as part of the closing costs on the sale

of the claimant and his spouse’s home. A review of the

bank records by the Hearing Officer found that the ac-

count from which payment by Lucille was made was a

joint account, in which the claimant’s spouse was the

other member. This account (#144874) was opened on

May 16, 1977, with a deposit of $37,845.60 from the

proceeds of the sale of the home. On April 25, 1978, its

balance was $262.01.

. Loan Repayment to Sidney Loquet: $10,000.00

The claimant’s spouse testified that the above is her

nephew and that she raised him after he became an or-

phan. She explained that because of her care she be-

lieved that Mr. Loquet had felt a moral obligation to

assist her and her spouse when he became an adult.

This help was received by Mr. Loquet paying for an eye

surgery operation, clothing and insurance at the rate of

about $20 monthly over a 15-year-period. The claim-

ant’s spouse’s daughter said that she believed Mr.

Loquet had provided at least $10,000 in benefits during

the past. No other evidence was introduced to docu-

ment the claimant and his spouse’s indebtedness to Mr.

Loquet.

. Payment for services rendered by

Ernest Orozco: $3,300.00

The claimant’s spouse explained that Mr. Orozco (the

claimant’s spouse’s nephew) worked for her and her

' spouse for 9 months (August 1976 through April 1977)

as a caretaker of their home. She said that he main-

tained the yard, drove the claimant to the doctor, and

house-sat. His services included painting the house,

stripping the floors, and generally getting it into condi-

tion for sale. She stated that it was agreed that he

EXHIBIT “C”

24

would be paid about $3,000 for his work when he

started.

5. Loan repayment to Gertrude Podolinski: $2,000.00

The claimant’s spouse testified that Ms. Podolinski (her

niece) has provided benefits during the past to the

claimant by paying insurance premiums and gifts. To

document this obligation, cancelled checks were sub-

mitted. Those checks totalled 14 in number, written

during the period for December 10, 1972 through

January 16, 1977, and ranging in amounts from $10 to

$200 per check (totalling $530 in all). Four of the checks

are marked “gift” by Ms. Podolinski, and four are

marked “insurance”. Those marked “insurance” total

$95.

TOTAL DISPOSITION BY LOAN REPAYMENT

(1+2+3+4+ 5) $18,476.01

Deducting the above expenditures, the AR contends re-

sults in a remaining property from the home sale proceeds

of $21,869.59 ($40,345.60 balance from home sale

proceeds—$18,476.01). By then deducting the $18,057.80

expenditures accepted by the county at the hearing, the

amount remaining to be accounted for is $3,811.79

(21,869.59—$18,057.80), of which half must be deducted to

preserve the claimant’s spouse’s community property

share. When that halving occurs, the amount of the claim-

ant’s property remaining unaccounted for is $1,905.89

(% x $3,811.79).

The Hearing Officer would like to note that his review of

all documents and materials submitted at the hearing es-

tablish that the claimant is 84 years of age and has been in

a nursing home since January 1977. According to his

spouse’s testimony, he concurred with her decision to sell

their home in 1977, but she executed all the legal papers

pursuant to a power of attorney which she has held for him

since 1963. The claimant’s signature does not appear in the

sale of his home in 1977, on the transfers of the $25,000

trust deed, nor on any of the checks written from the ac-

count established from the proceeds of the 1977 sale. Addi-

EXHIBIT “C”

25

tionally, a medical evaluation completed on July 5, 1978 by

a medical doctor and a psychiatrist diagnose the claimant

as having severe Dementia since December 1976. The psy-

chiatrist reported: (1) that the claimant’s ability to “com-

prehend and follow instructions” is “poor” (the lowest

capacity rating provided in his reporting form), (2) severe

memory defect, (3) moderately severe orientation defect,

(4) moderately severe autistic or regressive behavior, (5)

moderately severe illogical association of ideas, and (6) se-

vere judgment defect, with no improvement expected. The

medical doctor first saw the claimant on January 28, 1977,

and his most recent examination was on July 1, 1978. June

30, 1978 was the date of the most recent psychiatric

examination.

FINDINGS OF FACT

Since January 1977, the claimant has lacked a mental

capacity to transact legal business. This finding is based

on a review of the medical reports described in the State-

ment of Facts. Additionally, it is found that except for his

oral agreement with his spouse in early-1977 that she

should sell their home, he has not participated in making

any decisions about the disposition of his property. This

finding is based on the claimant’s spouse’s testimony and a

review of all the documentary evidence—including the

title deeds, trust notes, and cancelled checks—none of

which contain the claimant’s signature. It should be noted

that even were his signature present on some of the docu-

ments executed since the sale of his home, the significance

of such occurrence would have to be weighed in light of the

medical doctor’s evaluation which describes the claimant

as having been severely demented since December 1976.

CONCLUSIONS OF LAW

I

Title 22, CAC, Section 50420 states that the property

reserve of a one-person MFBU shall not exceed $1,500.

EXHIBIT “C”

26

Title 22, CAC, Section 50403 requires that the separate

property and community property share of any person in-

cluded in the MFBU shall be evaluated in determining

Medi-Cal eligibility. Subsection (b)(4) excludes from con-

sideration the separate and share of community property

of a person who is not included in the MFBU due to

Long-Term Care (LTC) status.

CONCLUSION 1:

Following the sale of the claimant’s home in May 1977,

his community property share was $32,672.80. This figure

is reached as follows:

A. Gross Sales Price: $75,403.43

B. Less Closing Costs and Pay-Off

of Prior Mortgage: — 10,057.83

C. Community Property Value from Sale

of Home (A-B): $65,345.60

D. Claimant’s Community Property

Share (% of C): $32,672.80

Deducting the $1,500 exemption, the claimant held

$31,172.80 in property to be accounted for.

I]

Title 22, CAC, Section 50408(a)(2)(A) provides that

transfers of property shall not result in ineligibility where

the transfer was to satisfy a legal debt.

CONCLUSION 2:

From the $31,172.80 community property share of the

proceeds from the sale of his home in May 1977, $13,749.77

must be disregarded as dispersals for the satisfaction of

legal debts, leaving $17,423.03 to be accounted for. This

conclusions was reached as follows:

EXHIBIT “C”

27

ALLOWABLE EXPENDITURES

(TO SATISFY LEGAL DEBTS)

AMOUNT

1. Claimant’s own medical expenses

(accepted by county) $ 8,381.88

2. % of the personal expenses of the

claimant and his spouse

that were accepted by the county 2,733.34

3. % of expense for common burial plot 984.55

4. % of payment to Ernest Orozco for services

rendered from August 1976 through April

1977. This expense is accepted by the Hearing

Officer as a legal debt based on the following:

(a) the claiment’s spouse’s testimony that Mr.

Orozco performed his tasks pursuant to an

agreement that he would be paid, (b) the can-

celled check showing payment, and (c) the re-

ceipt signed by Mr. Orozco indicating the

payment was accepted for services he had

rendered. 1,650.00

TOTAL: $13,749.77

III

Title 22, CAC, Section 50406: Transfer or conversion of

property may affect eligibility. See Sections 50407 through

50411.

50408. Transfer of Property Which Does Not Result in

Ineligibility.

(a) Transfer of property shall not result in ineligibility for

Medi-Cal under any of the following conditions:

(1) The net market value of the property trans-

ferred, when included in the property reserve, would

not result in ineligibility. The determination of value

shall be made as of the time of transfer. If eligibility

exists, the value of the property shall no longer be

considered.

EXHIBIT “C”

28

(2) Adequate consideration is received. Adequate

consideration includes:

(A) A transfer which was to satisfy a legal debt.

(B) A transfer which was to reimburse someone

other than a responsible relative, as specified in

Section 50351, for care or benefits provided on the

basis of an agreement or understanding that reim-

bursement would be made. The applicant or benefi-

ciary shall provide evidence that clearly establishes

that the value of the care or benefits provided was

reasonably equivalent to the value of the property

transferred.

(3) Foreclosure or repossession of the property was

imminent at the time of transfer, and there is no evi-

dence of collusion.

(4) The transfer was made in return for an enforce-

able contract for life care which does not include com-

plete medical care. In this case, each full item of need

provided under the life care contract shall be consid-

ered income in kind in accordance with Section 50509.

(b) There is a presumption that property transferred by

the applicant or beneficiary more than two years preced-

ing the date of initial application was not transferred to

establish eligibility or reduce the share of cost. Such prop-

erty shall not be considered in determining eligibility, un-

less there is evidence that conflicts with this presumption.

50409. Transfer of Property Which Results in Ineligibility

(a) Transfer of property shall result in ineligibility for

Medi-Cal if the transfer did not meet one of the conditions

specified in Section 50408 or the transfer was in return for

an enforceable life care contract which includes complete

medical care.

(b) Transfer of property without adequate consideration

shall result in ineligibility for Medi-Cal if the transfer was

made to establish eligibility or to reduce the share of cost.

EXHIBIT “C”

7

29

(1) It shall presumed that property transferred

without adequate consideration was for the purpose of

establishing eligibility or to reduce the share of cost

as limited by (2).

(2) To overcome the presumption, the applicant or

beneficiary has the burden of establishing by objec-

tive facts, rather than statement of subjective intent,

that this presumption is not correct. The applicant or

beneficiary shall provide evidence that adequate re-

sources were available at the time of the transfer of

property for support and medical care considering

such things as the applicant’s or beneficiary’s age,

health, life expectancy, and ability to understand ex-

tent of resources.

(A) The declaration of another purpose, such as

to avoid probate, by itself, shall not be sufficient to

overcome the presumption. A showing that the sole

purpose of the transfer was for reasons other than

to establish eligibility or to reduce the share of cost

shall be supported by evidence such as that speci-

fied above.

(B) The establishment of the fact that the appli-

cant or beneficiary did not have specific knowledge

of the availability or benefits of the Medi-Cal pro-

gram is not sufficient to overcome the presumption.

CONCLUSION 3:

Orange County’s denial of the claimant’s Medi-Cal appli-

cation rests on its application of the presumption embodied

in Section 50408(b). As it has been already concluded in

Sections I and II above that $15,249.77 of his $32,672.80

community property share from the proceeds of the sale of

the home have been properly disposed of, the remainder

($17,423.03) is subject to the presumption. Of that

amount, $1,630.98 has not been transferred (this is one-

half of amount of the funds in checking and savings ac-

counts acknowledged in the record to be unspent as of

EXHIBIT “C”

30

April 25, 1978). Thus, $15,792.05 is the outstanding bal-

ance that remains unaccounted for.

It is now concluded that that amount ($15,792.05) was

not transferred for the purpose of establishing program

eligibility. While the Hearing Office does not accept the

expenditures submitted by the AR as valid dispositions

(payments to claimant’s daughter and son-in-law and niece

and nephew), the objective facts present in this case are

sufficient to conclude that the claimant has overcome the

regulatory presumption as required by Title 22, CAC,

Section 50409(b)(2). Those objective facts include consid-

eration of the claimant’s age (84), health (severe demen-

tia), and life expectancy (short, in light of his age).

Perhaps most importantly, though, are the objective facts

present in this case which strongly establish that this

claimant was without any possible capacity to understand

the extent of his resources during the period under re-

view. Given the previous factual finding that since

January 1977 he has been unable to transact any legal

business, it must be concluded that the transfers which oc-

curred were not done by the claimant for the purpose of

establishing program eligibility.

Moreover, this conclusion is further supported by the

fact that because of his medical condition the claimant did

not even sign the papers required for the sale of his home,

much less participate in the subsequent transfers of his

property.

Finally, althoagh the transfers from the claimant’s

community property share of the proceeds from the sale of

his home may have been detrimental to the claiment’s

legal interests, the fact remains that such transfers were

not effected by him. Under such circumstances, the county

may desire to demand an accounting via its Office of Public

Guardian, but the claimant’s eligibility for Medi-Cal must

be acknowledged. When that is done, the $15,792.05 is dis-

regarded, leaving him with personal property of $1,630.98

in excess of the program limit.

EXHIBIT “C”

31

IV

Title 22, CAC, Section 50421 provides that program eli-

gibility may be established by spenddown of excess, prop-

erty when the property reserve exceeds the property

limit. If the property reserve has been in excess of the

property limit from the first day of the month of applica-

tion through the date of application, and the property re-

serve is brought within the property limit by the last day

of the month of application, the MFBU shall be eligible

under the following conditions: .

(1) All eligibility requirements except for the prop-

erty limit shall be met.

(2) The property reserve is brought within the prop-

erty limit in any manner except by transfer with-

out consideration.

CONCLUSION 4:

As there was no evidence to show that the claimant was

advised of the possibility of qualifying by spending down

his excess personal property, Orange County must recon-

sider the April 1978 application.

ORDER

Orange County shall rescind its denial of the claimant’s

April 12, 1978 Medi-Cal application. If the claimant is then

found to be otherwise eligible, the county shall allow him

to meet the property limit by spending $1,630.98. In any

way other than by transferring without adequate consid-

eration and upon that event, approve his application be-

ginning April 1978 and continuing thereafter.

Further, Orange County shall give the claimant the op-

portunity to choose between the following alternative

remedies for any excessive shares of cost which the ben-

eficiary has paid or obligated himself to pay since that

April 1978:

EXHIBIT “C”

e.

32

1. Having his current monthly shares of cost reduced in

consecutive months (beginning with the month im-

mediately following the month in which this decision

is implemented by a total amount equal to the total

difference between the shares of cost paid or obli-

gated by the beneficiary and the months in which the

cost of covered medical services exceeded the correct

si.are of cost; or

. Having the county (a) issue retroactive Medi-Cal

cards for each month in which the beneficiary paid or

obligated himself to pay an excessive share of cost;

(b) assist the claimant as needed in obtaining the ap-

propriate refunds from the providers of covered

services received during such months; and (c) notify

the fiscal intermediary that the delayed billings have

been authorized by a Fair Hearing Decision adopted

by the Director of the Department of Health Serv-

ices.

EXHIBIT “C”

33

CALIFORNIA DEPARTMENT

OF HEALTH SERVICES

In the Matter of the Hearing of Claimant

ENOSINSIO MANAHAN

15261 Shallow Lane

Westminister, CA 92683

Fair Hearing No. 78163110 OR

State No. 30-13-315454

District

DECISION OF THE DIRECTOR

Hearing Officer: ERNESTO J. PEREZ

County Representative: JOHN JACOBS

Authorized Representative: TIM FLYNN

Place: Santa Ana, California

Date of Hearing: July 6 & 8, 1978*

Date of County Notice: June 5, 1978

Fair Hearing Filing Date: June 8, 1978

Aid Paid Pending: N/A (Denial Action

ISSUE

The issue for resolution is whether Orange County cor-

rectly denied the claimant’s April 12, 1978 application for

Long-Term Care California Medical Assistance Program

(Medi-Cal) benefits because of its determination that he

transferred property in order to become eligible.

Based on the evidence presented at the hearing, the ref-

eree prepared a proposed decision. The Director of the

* Record left open until July 28, 1978 for the claimant to submit addi-

tional documents. Such information was received, and the record was

closed on August 15, 1978. The county did not submit rebuttal evi-

dence.

EXHIBIT “b”

34

State Department of Health Services, being disatisfied

with the decision, herein adopts the Statement of Fact to-

gether with an amended Conclusion of Law and Order as

follows:

STATEMENT OF FACT

The referee’s Statement of Fact is incorporated herein

by this reference.

FINDINGS OF FACT

The referee’s Findings of Fact is incorporated herein by

this reference.

CONCLUSIONS OF LAW

The referee’s Conclusions of Laws I and II are incorpo-

rated herein by this reference.

III

Title 22, CAC, Section 50406: Transfer or conversion of

property may affect eligibility. See Sections 50407 through

50411.

50408. Transfer of Property Which Does Not Result in

Ineligibility.

(a) Transfer of property shall not result in ineligibility

for Medi-Cal under any of the following conditions:

(1) The net market value of the property trans-

ferred, when included in the property reserve, would

not result in ineligibility. The determination of value

shall be made as of the time of transfer. If eligibility

exists, the value of the property shall no longer be

considered.

(2) Adequate consideration is received. Adequate

consideration includes:

(A) A transfer which was to satisfy a legal debt.

EXHIBIT “D”

35

(B) A transfer which was to reimburse someone

other than a responsible relative, as specified in

Section 50351, for care or benefits provided on the

basis of an agreement or understanding that reim-

bursement would be made. The applicant or benefi-

ciary shall provide evidence that clearly establishes

that the value of the care or benefits provided was

reasonably equivalent to the value of the property

transferred.

(3) Foreclosure or repossession of the property was

imminent at the time of transfer, and there is no evi-

dence of collusion.

(4) The transfer was made in return for an enforce-

able contract for life care which does not include com-

plete medical care. In this case, each full item of need

provided under the life care contract shall be consid-

ered income in kind in accordance with Section 50509.

(b) There is a presumption that property transferred by

the applicant or beneficiary more than two years preced-

ing the date of initial application was not transferred to

establish eligibility or reduce the share of cost. Such prop-

erty shall not be considered in determining eligibliity, un-

less there is evidence that conflicts with this presumption.

50409. Transfer of Property Which Results in Ineligibility

(a) Transfer of property shall result in ineligibility for

Medi-Cal if the transfer did not meet one of the conditions

specified in Section 50408 or the transfer was in return for

an enforceable ‘ife care contract which includes complete

medical care.

(b) Transfer of property without adequate consideration

shall result in ineligibility for Medi-Cal if the transfer was

made to establish eligibility or to reduce the share of

cost.

(1) It shall presume that property transferred

without adequate consideration was for the purpose of

establishing eligibility or to reduce the share of cost

as limited by (2).

EXHIBIT “D”

36

(2) To overcome the presumption, the applicant or

beneficiary has the burden of establishing by objec-

tive facts, rather than statement of subjective intent,

that this presumption is not correct. The applicant or

beneficiary shall provide evidence that adequate re-

sources were available at the time of the transfer of

property for support and medical care considering

such things as the applicant’s or beneficiary’s age,

health, life expectancy, and ability to understand ex-

tent of resources.

(A) The declaration of another purpose, such as

to avoid probate, by itself, shall not be sufficient to

overcome the presumption. A showing that the sole

purpose of the transfer was for reasons other than

to establish eligibility or to reduce the share of cost

shall be supported by evidence such as that speci-

fied above.

(B) The establishment of the fact that the appli-

cant or beneficiary did not have specific knowledge

of the availability or benefits of the Medi-Cal pro-

gram is not sufficient to overcome the presumption.

CONCLUSION 3:

Orange County’s denial of the claimant’s Medi-Cal appli-

cation rests on its application of the presumption embodied

in Section 50409(b). As it has been already concluded in

Sections I and II above that $15,249.77 of his $32,672.80

community property share from the proceeds of the sale of

the home have been properly disposed of, the remainder

($17,423.03) is subject to the presumption. Of that

amount, $1,630.98 has not been transferred (this is one-

half of amount of the funds in checking and savings ac-

counts acknowledged in the record to be unspent as of

April 25, 1978). Thus, $15,792.15 is the outstanding bal-

ance that remains unaccounted for.

It is concluded that the claimant has not overcome the

presumption that the transfer of property was for the pur-

pose of establishing eligibility. In accordance with Section

EXHIBIT “D”

37

50409(b), this presumption may only be overcome by the

claimant providing evidence that adequate resources were

available at the time of the transfer to provide for the

claimant for the remainder of his life. The transfer of

property occurred some time after May 1977. The claimant

had been in a nursing home since January 1977 and was in

continuing need of extensive support and medical care.

Evidence was not provided to show that adequate re-

sources were available at the time of the transfer to care

for the claimant for the remainder of his life. The fact that

the claimant’s spouse, having power of attorney and acting

on behalf of the claiment, made the transfer of property

does not absolve the claimant of this action. Although the

claimant was incompetent, a competent person, his wife

acted in his behalf.

ORDER

The claim is denied.

The foregoing is the Decision and Order of the Director,

State Department of Health Services, in the above-

entitled matter.

1-12-79 /s/ Elizabeth H. Lyman

(Date)

EXHIBIT “D”

38

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

No. 78-2350 MML(Sx)

ROSSYE DAWSON, individually and on behalf of all others

similarly situationed, PLAINTIFF,

Vv.

EDWARD BEACH, ET AL., DEFENDANTS.

ANTONIA BELTRAN AND ENOSINSIO MANAHAN, individu-

ally and on behalf of all other similarly situated,

INTERVENOR-PLAINTIFF.

ANSWER TO COMPLAINT IN INTERVENTION FOR

DECLARATORY AND INJUNCTIVE RELIEF

FILED MARCH 19, 1979

CLASS ACTION

COME NOW defendants Beverlee A. Myers, successor

to Edwin W. Beach, herein erroneously sued as Edward

Beach, individually and in her official capacity as Director

of the California State Department of Health Services,

successor to the State Department of Health, and

Elisabeth Lyman, successor to Bruce Yarwood, individu-

ally and in her official capacity as Acting Chief Deputy Di-

rector of the Medical Care Services and Deputy Director

of Medical Care Standards Division of the State Depart-

ment of Health Services, successor to the State Depart-

ment of Health, and each of them, and answer the com-

plaint for declaratory and injunctive relief as follows:

1. Answering paragraph 1 of the complaint, defendants

deny that the State of California is improperly applying

39

eligibility requirements which do not comport with federal

law.

2. Answering paragraph 2 of the complaint, defendants

deny that there is in excess of $10,000 in controversy and

admit the remaining allegations of paragraph 2.

3-4. Defendants deny for lack of sufficient information

or belief each and every allegation contained in paragraphs

3 and 4 of the complaint.

5. Defendants deny that Edward Beach is the former

Director of Department of Health Services and affirma-

tively allege that Edwin Beach is the former Director of

the Department of Health, predecessor to the Department

of Health Services.

6. Answering paragraph 6 of the complaint, defendants

deny that Bruce Yarwood is the Deputy Director of the

State Department of Health Services and affirmatively

allege that Elisabeth Lyman, successor to Bruce Yarwood,

is the acting Chief Deputy Director of Medical Care Serv-

ices and Deputy Director of Medical Care Standards Divi-

sion of the Department of Health Services.

7. Answering paragraph 7 of the complaint, defendants

admit that intervenors Beltran and Manahan bring this ac-

tion on their own behalf and deny each and every remain-

ing allegation contained in said paragraph 7.

8. Answering paragraph 8 of the complaint, defendants

deny that state Medicaid programs are controlled solely by

federal regulations. In connection therewith, defendants

affirmatively allege that pursuant to the State Medicaid

plan, the state enters into contracts to fulfill the particular

federal options for coverage which it chooses to apply.

State Medicaid programs are also controlled by state stat-

utes and regulations.

9. Defendants admit the allegation contained in para-

graph 9.

10. Answering paragraph 10 of the complaint, defend-

ants deny that income is the only Medicaid eligibility

guideline for the aged, blind, and disabled.

11. Defendants admit the allegations contained in para-

graph 11 of the complaint. Defendants affirmatively allege

°.

40

that Supplemental Security Income (SSI) recipients are

eligible for Medicaid benefits if the State Plan so provides.

12. Defendants admit the allegations contained in para-

graph 12 of the complaint.

13. Defendants deny each and every allegation con-

tained in paragraph 13 of the complaint.

14. Answering paragraph 14 of the complaint, defend-

ants deny the existence of a rule stating that the provision

of health care will not be restricted by property holdings.

Defendants admit that the quote contained in said para-

graph 14 is a portion of Welfare and Institutions Code sec-

tion 14015.

15. Defendants admit the allegations contained in para-

graph 15 of the complaint.

16. Except as otherwise provided by 22 California Ad-

ministrative Code section 50411(a), defendants admit the

allegations contained in paragraph 16 of the complaint.

17. Defendants deny for lack of sufficient information

and belief, each and every allegation contained in para-

graph 17.

18. Defendants deny for lack of sufficient information

and belief each and every allegation contained in para-

graph 18. Defendants admit that Mr. and Mrs. Beltran

were found eligible for Medi-Cal in May 1977. Defendants

affirmatively allege that Mr. and Mrs. Beltran were found

eligible under the In Home Supportive Services Program

which was not then, but is now the medically needy pro-

gram.

19. Defendants deny each and every allegation con-

tained in paragraph 19 of the complaint.

20. Defendants admit the allegations contained in para-

graph 20 of the complaint. Defendants affirmatively allege

that a copy of only the front side of the Notice of Action is

attached to the complaint as Exhibit A.

21. Except as otherwise provided by the Notice of Ac-

tion defendants admit the allegations contained in para-

graph 21 of the complaint.

41

22. Defendants deny for lack of sufficient information

and belief each and every allegation contained in para-

graph 22 of the complaint.

23. Defendants deny for lack of sufficient information

and belief each and every allegation contained in para-

graph 23 of the complaint. Defendants admit that Mr.

Manahan entered the convalescent home in January 1977.

24. Defendants deny for lack of sufficient information

and belief each and every allegation contained in para-

graph 24. Defendants admit that on April 12, 1978, the

application for Medi-Cal was made on Enosinsio Manahan’s

behalf by Mrs. Lucille Tom at the Orange County Depart-

ment of Social Services.

25. Defendants admit the allegations contained in para-

graph 25 of the complaint. Defendants affirmatively allege

that only the front side of Exhibit B is attached to the

complaint.

26. Defendants admit the allegations contained in para-

graph 26 of the complaint.

27. Defendants admit the allegations contained in para-

graph 27 of the complaint. Defendants affirmatively allege

that page 12, signature page, form no. DPA 320 (8-76) is

missing from Exhibit C.

28. Defendants deny each and every allegation con-

tained in paragraph 28 of the complaint. Defendants admit

that on January 12, 1979, the director of the State De-

partment of Health Services alternated the decision of the

hearing officer and a copy of the decision of the director is

attached as Exhibit D to the complaint.

29. Defendants deny for lack of sufficient information

and belief each and every allegation contained in para-

graph 29.

30-31. Defendants deny each and every allegation con-

tained in paragraphs 30 and 31.

FIRST CAUSE OF ACTION

382-33. Defendants deny each and every allegation con-

tained in paragraphs 32 and 33. Defendants affirmatively

**>

42

allege that California is providing Medi-Cal benefits auto-

matically to all persons receiving SSI benefits and that the

SSI program does not predicate eligibility on a transfer of

assets for adequate consideration prior to application if the

transfer is bona fide and irrevocable.

34-35. Defendants admit the allegations contained in

paragraphs 34 and 35. Defendants affirmatively allege that

42 Code of Federal Procedure section 448.3(c)(1)(iv) and

its successor regulation provide an alternative by which

the states may impose a more stringent criteria.

36. Defendants deny each and every allegation con-

tained in paragraph 36 of the complaint.

SECOND CAUSE OF ACTION

37. Defendants deny each and every allegation con-

tained in paragraph 37 of the complaint.

THIRD CAUSE OF ACTION

38. Defendants deny each and every allegation con-

tained in paragraph 38 of the complaint.

FOURTH CAUSE OF ACTION

39. Defendants deny each and every allegation con-

tained in paragraph 39 of the complaint.

FIFTH CAUSE OF ACTION

40. Defendants deny each and every allegation con-

tained in paragraph 40 of the complaint.

FIRST AFFIRMATIVE DEFENSE

1. The Court should dismiss the complaint for lack of

jurisdiction over the subject matter and for failure to state

a claim upon which relief could be granted on the ground

that the plaintiffs have failed te exhaust their available

administrative remedies provided by California Govern-

ment Code section 11426.

43

SECOND AFFIRMATIVE DEFENSE

2. The Court should dismiss the complaint for lack of

jurisdiction over the subject matter and for failure to state

a claim upon which relief can be granted, on the ground

that the exclusive remedy for judicial review of adjudica-

tory administrative action is to file a petition for writ of

mandate in the state court pursuant to California Code of

Civil Procedure section 1094.5.

THIRD AFFIRMATIVE DEFENSE

3. The Court should dismiss the complaint for lack of

jurisdiction over the subject matter and for failure to state

a claim upon which relief could be granted on the ground

that plaintiff Antonia Beltran has failed to exhaust her

available administrative remedy provided by Welfare and

Institutions Code sections 10950-10963, 14001; Title 22

California Administrative Code sections 50951-50955.

FOURTH AFFIRMATIVE DEFENSE

4. The Court should dismiss the complaint for failure to

state a claim upon which relief could be granted on the

ground that one or more of the plaintiffs lack the mental

and/or physical capacity to sue. On or about October 12,

1978, defendants are informed and believe that plaintiff

Rossye Dawson died.

FIFTH AFFIRMATIVE DEFENSE

5. The Court should dismiss the complaint for lack of

jurisdiction over the subject matter because the amount in

controversy is less than ten thousand dollars, exclusive of

interests and costs, in that if any one or more of the plain-

tiffs have any claim against defendants, such claims consti-

tute separate claims of the particular plaintiffs so dam-

aged, none of which separately equals or exceeds ten

thousand dollars, exclusive of interests and costs, and such

claims, cannot be aggregated for purposes of the amount

in controversy requirement.

44

SIXTH AFFIRMATIVE DEFENSE

6. The complaint fails to state a claim against defend-

ants upon which relief can be granted.

WHEREFORE, defendants deny that the plantiffs are

entitled to the relief prayed for in the complaint, or any

relief whatsoever against defendants, and defendants re-

spectfully pray that the complaint be dismissed with costs

and disbursements to the defendants.

DATED: March 19, 1979.

GEORGE DEUKMEJIAN, Attorney General

ANNE S. PRESSMAN,

DONALD A. ROBINSON,

RICHARD J. MAGASIN, Deputy Attorneys General

By

DONALD A. ROBINSON

By

RICHARD J. AGASIN

Attorneys for Defendants

45

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

No. CV-78-2350-MML

ROSSYE DAWSON, individually and on behalf of all others

similarly situated, PLAINTIFF,

Vv.

EDWARD BEACH, ET AL., DEFENDANTS.

ANTONIA BELTRAN AND ENOSINSIO MANAHAN, individu-

ally and on behalf of all others similarly situated,

INTERVENOR-PLAINTIFF,

ORDER GRANTING PLAINTIFFS’ MOTION FOR

CERTIFICATION OF THE CLASS

FILED MAY 10, 1979

The Court having considered plaintiffs’ motion for an

order certifying this case as a class action pursuant to

Rule 23(c)(1) of the Federal Rules of Civil Procedure, and

the Court having considered memoranda and arguments of

the parties, it is determined that this action meets the re-

quirements of Rule 23(a) in that:

(1) Joinder of all members of the class would be imprac-

ticable since their number, though unknown, is great (the

defendants having stipulated to numerosity); they are dis-

persed throughout the State of California and by definition

they are aged, blind and disabled and, therefore, would be

incapable of participating in this action as individual plain-

tiffs;

(2) There are questions of law and fact common to each

member of the class. The common question of fact is that

each has been denied Medi-Cal benefits because of the de-

46

fendants’ application of a transfer of assets rule to them.

The common question of law is the propriety of the appli-

cation of the transfer of assets rule;

(3) The claims of the plaintiffs are typical of the claims

of each class member, as each of the named plaintiffs has

been denied Medi-Cal as a result of the application of the

transfer of assets rule;

(4) Plaintiffs will fairly and adequately protect the

interests oi the class. They are represented by able coun-

sel, who are experienced in class action litigation.

Furthermore, this action also meets the requirements of

Rule 23(b)(2) in that the defendants have acted on grounds

generally applicable to the class, and final injunctive and

declaratory relief with respect to the class as a whole is

appropriate.

IT IS THEREFORE ORDERED that this action shall

be maintained as a class action, the class to consist of all

aged, blind and disabled individuals who, as of June 19,

1978, have been or are denied Medi-Cal benefits because of

an alleged transfer of assets for inadequate consideration

pursuant to Welf. & Inst. C. § 14015 and 22 Cal.Adm.

Code § 50409.

Dated: May 9, 1979

/s/

MALCOLM M. LUCAS

United States District Judge

47

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

No. CV-78-2350-MML

ROSSYE DAWSON, individually and on behalf of all others

similarly situated, PLAINTIFF

v.

EDWARD BEACH, ET AL., DEFENDANTS

ANTONIA BELTRAN AND ENOSINSIO MANAHAN, individu-

ally and on behalf of all others similarly situated,

INTERVENOR-PLAINTIFF,

FINDINGS OF FACT AND CONCLUSIONS OF LAW

FILED MAY 10, 1979

This cause came on for hearing on defendants’ Motion

for Summary Judgment and plaintiffs’ Cross-Motion for

Summary Judgment, and the Court, having considered the

memoranda of points and authorities filed by the parties in

support of such motions and the documents and exhibits

thereto, and the stipulation of the parties, and having

heard oral argument by the parties in support of such mo-

tions, finds the facts and states the conclusion of law as

follows:

FINDINGS OF FACT

1. With respect to Rossye Dawson.

a. On February 18, 1977, an application for Medi-Cal

was filed on behalf of Rossye Dawson;

b. The County of Riverside Department of Public So-

cial Services approved the application pending a property

verification;

48

ce. On May 17, 1977, the County of Riverside Depart-

ment of Public Social Services sent a Notice of Action let-

ter to Rossye Dawson determining that she was no longer

eligible for Medical-Cal because she had transferred prop-

erty without adequate consideration in violation of Title

22, California Administrative Code section 50409;

d. Rossye Dawson filed a request for a fair hearing,

which was held on September 14, 1977;

e. The hearing officer found that the transfer of prop-

erty for inadequate consideration was in May 1977, that

Rossye Dawson had failed to overcome the presumption

that the transfer was made for the purpose of qualifying

for Medi-Cal, and that therefore her claim for Medi-Cal

benefits should be denied;

f. The proposed decision of the hearing officer was

adopted by the Director of the State Department of

Health on February 15, 1978;

g. Rossye Dawson has never sought judicial review of

the director’s decision by filing a petition for writ of man-

date pursuant to section 1094.5 of the California Code of

Civil Procedure; and

h. On or about October 30, 1978, counsel for Rossye

Dawson filed a “Certificate of Counsel re Death of Plain-

tiff.” No substitution for the deceased plaintiff has been

ervenor Enosinsio Manahan:

a. On April 12, 1978, an application for Medi-Cal was

filed on behalf of Mr. Manahan;

b. The Orange County Department of Social Services

denied his application on the ground that he had trans-

ferred property in order to be eligible for Medi-Cal in vio-

lation of, inter alia, Title 22 California Administrative

Code section 50409;

ce. A fair hearing was requested and held on July 6

and 7, 1978 on the county’s denial of Medi-Cal;

d. The hearing officer found that Mr. Manahan had

overcome the presumption that the transfer of property

was for the purpose of qualifying for Medi-Cal. The hear-

49

ing officer recommended that he be eligible for Medi-Cal

once he met the Medi-Cal property limit spend-down.

e. On January 12, 1978, the Director of the State De-

partment of Health Services reversed the proposed deci-

sion of the hearing officer. The director found that Mr.

Manahan had not overcome the presumption; and

f. He has not sought judicial review of the director’s

decision by filing a petition for writ of mandate in the state

court pursuant to California Code of Civil Procedure sec-

tion 1094.5.

3. With respect to intervenor Antonia Beltran:

a. On October 27, 1978, she re-applied for Medical

benefits;

b. The Notice of Action dated January 8, 1979 indi-

cated that the denial of Medi-Cal eligibility was based on a

transfer of property in 1977.

c. She did not request a fair hearing from the deter-

mination of the county, and no fair hearing was held.

4. Except for the application of the transfer of assets

rule to these three individuals, they would be eligible for

Medi-Cal coverage under the state’s medically needy pro-

gram.

5. Defendant Beverlee A. Myers, successor to Edwin

W. Beach, is the Director o: the California State Depart-

ment of Health Services, successor to the State Depart-

ment of Health.

6. Defendant Elisabeth Lyman, successor to Bruce

Yarwood, is the Acting Chief Deputy Director of the

Medical Care Services and Medical Care Standards Divi-

sion of the State Department of Health Services.

7. To the extent that any of the following conclusions of

law are deemed findings of fact, the same are incorporated

herein by reference.

CONCLUSIONS OF LAW

1. The Court has jurisdiction over this case pursuant to

28 U.S.C. § 1343(3), (4), as this is an action authorized by

50

42 U.S.C. § 1883 to redress the deprivation of rights

under color of state law. The Court has pendent jurisdic-

tion over any claims not specifically authorized pursuant to

42 U.S.C. § 1988. Jurisdiction is also conferred by 28

U.S.C. § 13831, as there is more than $10,000.00 in con-

troversy. This case has been certified as a class action.

2. Rossye Dawson lacks capacity to sue as she is de-

ceased and no substitution has been made for her pursuant

to Federal Rules of Civil Procedure section 25(a)(1).

3. The federal Medicaid Program, Title XIX of the So-

cial Security Act, 42 U.S.C. § 1396 et seq., is a system of

cooperative federalism in which the states and other juris-

dictions have the option to participate, and to receive par-

tial reimbursement for services provided. If they decide to

participate, the states are required to operate their

Medicaid Program within the contours of the federal stat-

ute and regulations, and to submit a state plan to the Sec-

retary of the Department of Health, Education, and Wel-

fare that comports with controlling federal laws. In order

to be eligible for reimbursement, the states which decide

to participate must comply with the mandatory require-

ments established by the Social Security Act as inter-

preted and implemented by HEW. Townsend v. Swank,

404 U.S. 282, 286 (1971); King v. Smith, 392 U.S. 309, 333

(1968); County of Alameda v. Carleson, 5 Cal.3d 739, 739

(1971); Wong v. Brian, CCH Medicare & Medicaid Guide,

[1974] Transfer Binder, 4 26, 605 (Cal.Ct. App. 1972).

4. Once a state decides to participate, it must provide

Medicaid benefits to the “categorically needy”, who are

individuals meeting both the categorical requirements of

being aged, blind, or disabled, and also the financial eligi-

bility requirements. 42 U.S.C. § 1396a(a)(10)(A); 42

C.F.R. § 435.120; see Friedman v. Berger, 547 F.2d 724,

726 (2d Cir. 1976), cert. denied 430 U.S. 984 (1977); Wong

v. Brian, supra, § 26, 605 at 9013.

5. In addition, states have the option of providing

Medicaid assistance to the so-called “medically needy” who

are individuals meeting the categorical requirements of

being aged, blind or disabled, but who have incomes or

51

resources above the financial requirements. 42 U.S.C.

§ 1396a(a)(10)(C); 42 C.F.R. § 435.300 et seg., see Fried-

man v. Berger, supra; Wong v. Brian, supra.

6. California has opted to participate in the Medicaid

Program, and has further opted to provide assistance to

the medically needy. 22 Cal.Adm. Code § 60249(a)(1);

Wong v. Brian, supra.

7. The general rule is that recipients of Supplemental

Security Income (“SSI”), who are aged, blind, or disabled

individuals receiving federal cash benefits, are categori-

cally needy and are therefore automatically eligible for

Medicaid. 42 U.S.C. § 1396a(a)(10)(A). California, as well

as other states, has been given the option by Congress of

using a different eligibility test for the categorically needy

than that they be recipients of SSI. Under this test, a

state can use more restrictive financial eligibility condi-

tions than those set out in the SSI program, but no more

restrictive than those in effect in the state on January 1,

1972. 42 U.S.C. § 13896a(f); 42 C.F.R. § 431.121; see

Hayes v. Stanton, 512 F.2d 138, 187-138 (7th Cir. 1975);

West v. Cole, 390 F.Supp. 91, 95-96 (N.D. Miss. 1975);

Gray Panthers v. Secretary, Department of Health,

Education and Welfare, 461 F.Supp. 319, 321 (D.D.C.

1978).

8. In its Medicaid Program, known in this state as

Medi-Cal, California has not selected this option, and

therefore must provide, and does provide, automatic

categorical assistance to all recipients of SSI. Cal. Adm.

Code § 50227.

9. The federal Medicaid statute requires those states

which provide medically needy benefits to include as eli-

gible “all individuals who would, except for income and re-

sources, be eligible to have paid with respect to them Sup-

plemental Security Income benefits ....” 42 U.S.C.

§ 1396a (a)(10)(C)(i).

10. A state may not impose conditions of eligibility on

the medically needy that are more restrictive than those

imposed on the categorically needy, that is, recipients of

SSI. 42 C.F.R. § 435.401(c). Of course, a state may impose

52

collateral restrictions on the medically needy that are not

imposed on the categorically needy. 42 U.S.C. § 1396a

(a)(17)(A); 45 CFR § 233.10(a)(1)(i1)(B).

11. Cal.Welf. & Inst. Code § 14015 and 22 Cal.Adm.

Code § 50409 are designed to eliminate fraudulent prac-

tices affecting eligiblity for benefits. The federal statute is

concerned with substantive eligibilty requirements only,

and does not place any specific restrictions on the state’s

right to police fraud. Consequently, the transfer of assets

rule is a procedural regulation which is not prohibited by

42 USC § 1396a(a)(10)(C)(i).

12. Cal.Welf. & Inst. Code § 14015 and 22 Cal.Adm.

Code § 50409 do not violate 42 U.S.C. § 1396a(a)(17)(B) or

42 CFR § 435.845. The purpose of these state law provi-

sions is to deter transfers of assets solely for the purpose

of qualification. To the extent an asset is transferred for

the purpose of qualifying for benefits, the asset should be

treated as being available for the applicant’s use.

13. Cal.Welf. & Inst. Code § 14015 and 22 Cal.Adm.

Code § 50409 are not in conflict with any federal law or

regulation governing the Medicaid/Medi-Cal program.

They do not violate the Supremacy Clause of the United

States Constitution.

14. Cal. Welf. & Inst. Code § 14015 and 22 Cal.Adm.

Code § 50409 do not establish an irrebutable presumption

that a transfer of assets was made with the intent of gain-

ing eligibility and so do not violate the due process clause

of the Fourteenth Amendment to the United States Con-

stitution.

15. A rational distinction between SSI recipients and

the medically needy is made in Cal. Welf. & Inst. Code

§ 14015 and 22 Cal. Adm. Code § 50409. The state has an

interest in assuring that medical assistance benefits are

dispersed only to those who are truly in need. Those re-

ceiving SSI by definition are in financial need. It is ra-

tional for the state to scrutinize transfers of assets by the

medically needy to assure that financial eligibility is not

improperly manufactured. The Court therefore holds that

the equal protection clause of the Fourteenth Amendment

53

has not been violated by Cal.Welf. & Inst. Code § 14015

and 22 Cal. Adm. Code § 50409.

16. To the extent that any of the foregoing findings of

fact are deemed conclusions of law, the same are incorpo-

rated herein by reference.

17. The plaintiff's motion for summary judgment is de-

nied, and the defendants’ motion for summary judgment is

granted. Judgement shall be entered accordingly.

Dated: May 10, 1979

/s/

MALCOLM M. LUCAS

United States District Judge

54

GEORGE DEUKMEJIAN, Attorney General

ANNE S. PRESSMAN,

DONALD A. ROBINSON,

RICHARD J. MAGASIN, Deputy Attorneys General

3580 Wilshire Boulevard, Suite 800

Los Angeles, California 90010

Telephones: (213) 736-2214, 736-2606

Attorneys for Defendants

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

NO. 78-2350 MML(Sx)

ROSSYE DAWSON, individually and on behalf of all others

similarly situated, PLAINTIFF,

Uv.

EDWARD BEACH, ET AL., DEFENDANTS.

ANTONIA BELTRAN AND ENOSINSIO MANAHAN, Indi-

vidually and on behalf of all other similarly situated,

INTERVENOR-PLAINTIFF,

SUMMARY JUDGMENT

ENTERED MAY 10, 1979

This cause came on to be heard on motion of the defend-

ants for summary judgment and on cross-motion of the

plaintiffs and intervenor plaintiffs for summary judgment,

pursuant to Rule 56 of the Federal Rules of Civil Proce-

dure, and the court having considered all papers, and the

court having heard the argument of counsel, and due de-

liberation having been had thereon, it is

ORDERED, that plaintiffs’ cross-motion for summary

judgment be the same hereby is denied, and it is further

55

ORDERED, that defendants’ motion for summary

judgment be and the same hereby is granted, and it is fur-

ther

ORDERED, ADJUDGED AND DECREED that the

action be dismissed on its merits, and that each side bear

own costs of suit.

DATED: 5/19/79.

/s/

MALCOLM M. LUCAS

United States District Judge

|

56

IN THE UNITED STATES COURT

OF APPEALS

FOR THE NINTH CIRCUIT

No. 79-3246

ROSSYE DAWSON, individually and on behalf of all others

similarly situated, PLAINTIFF-APPELLANT,

v.

BEVERLEE A. MYERS,* ET AL., DEFENDANTS-APPELLEES.

On Appeal from the United States District Court

for the Central District of California

The Honorable Malcolm M. Lucas, Presiding

OPINION—FILED MAY 14, 1980

D.C. No. C 78-2350 MML

Before: WRIGHT and ANDERSON, Circuit Judges, and

SOLOMON, ** District Judge.

J. BLAINE ANDERSON, Circuit Judge:

This is a class action challenging the State of California’s

transfer of assets rule which was relied upon to deny

Medi-Cal benefits to members of the class. In short, this

rule denies Medi-Cal benefits to any individual who has

transferred assets so as to qualify under the financial eli-

*Beverlee A. Myers, the Director of the California State Depart-

ment of Health Services, is the successor to Edwin W. Beach, the

originally named defendant. Since Myers succeeded Beach prior to

when this appeal was taken, we make the substitution under Fed. R.

Civ. P. 25(d)(i) rather than Fed. R. App. P. 43(c)(1).

**The Honorable Gus J. Solomon, Senior United States District

Judge for the District of Oregon, sitting by designation.

57

gibility requirements for Medi-Cal. The class members

argue that the transfer rule conflicts with the federal

Medicaid statutes and regulations, and they also challenge

the rule’s constitutionality based on due process and equal

protection grounds. The court below rejected all of these

arguments and upheld the transfer rule. We believe that

the district court reached the correct result and affirm.

I. BACKGROUND

A. Medicaid

Title XIX of the Social Security Act established the

Medicaid program. 42 U.S.C. § 1396 et seq. This coopera-

tive federal-state program is designed to provide medical

assistance to certain classes of individuals who are in need

of such assistance. Although states are not required to

participate, if they choose to do so they must develop a

plan which conforms to the federal guidelines. 42 U.S.C.

§ 1396(b). Despite the extensive federal standards (42

U.S.C. § 1396a), the individual states are given wide dis-

cretion in the administration of their local programs.

Norman v. St. Clair, 610 F.2d 1228, 1230 (5th Cir. 1980).

After a state’s plan is approved by the Secretary of

Health, Education and Welfare, the state then receives

reimbursement for a portion of the funds which are ex-

pended. 42 U.S.C. § 1396.

A state which has chosen to adopt a Medicaid program

has the option of deciding whether it should provide bene-

fits to only one or to both of the statutorily-defined groups

of needy persons. States participating in the program

must provide assistance to the group which is referred to

as the categorically needy.' 42 U.S.C. § 1396a(10)(A).

Generally, in order to be considered categoricaily needy,

1 The regulations define this group as follows:

Categorically needy” means aged, blind or disabled individuals

or families and children who are otherwise eligible for medicaid

and who meet the financial eligibility requirements for AFDC,

SSI, or an optional State supplement;”

42 C.F.R. § 435.4.

58

an individual must be receiving financial assistance, or be

financially eligible for such assistance, under Title IV-A of

the Social Security Act (Aid to Families with Dependent

Children, referred to as AFDC) or Title XVI of the Social

Security Act (Supplemental Security Income for the Aged,

Blind, and Disabled, referred to as SSI).?

When they establish their Medicaid program, the states

have the option of also providing benefits to the group

which is referred to as the medically needy. This group

covers individuals who would qualify for AFDC or SSI ex-

cept that they have sufficient income and resources to

cover the essentials aside from their medical costs.* The

medically needy begin receiving assistance after they

have incurred medical expenses which reduce their income

(and assets) below a prescribed level. Thus, the chief dis-

tinction between the two groups is that the categorically

needy have lower incomes and less resources than the

medically needy.

B. Medi-Cal

California, through its Medi-Cal program, has voluntar-

ily chosen to participate in the Medicaid program. In addi-

tion, California voluntarily chose to cover the medically

needy as well as the categorically needy. California has

adopted a comprehensive statutory and regulatory scheme

to implement its Medi-Cal program.

As part of its plan, the California legislature adopted

what is called a transfer of assets rule. Cal. (Welf. & Inst.)

2 States have the option of using more restrictive criteria than those

used under the AFDC or SSI programs. California has not chosen this

option and so this opinion does not deal with those provisions of the

Medicaid Act which would then come into play.

3 The regulations define this group as follows:

“Medically needy” means aged, blind, or disabled individuals or

families and children who are otherwise eligible for medicaid and

whose income and resources are above the limits set under the

medicaid State plan;”

43 C.F.R. § 435.4.

59

Code § 14015.4 Basically, this prevents persons from

qualifying as medically needy if they have transferred as-

sets for less than fair consideration within two years prior

to their application for assistance. The transfer rule only

applies to applicants in the medically needy group; it has

no application at all to the categorically needy.

California has promulgated regulations which, among

other things, establish eligibility requirements for the

medically needy and implement the transfer rule.’ Under

* The statutory part of the transfer rule provides as follows:

“The providing of health care under this chapter shall not im-

pose any limitation or restriction upon the person’s right to sell,

exchange or change the form of property holdings nor shall the

care provided constitute any encumbrance on the holdings. How-

ever, any transfer of the holdings by gift or, knowingly, without

adequate and reasonable consideration, shall be presumed to con-

stitute a gift of property with intent to qualify for assistance and

such act shall disqualify the owner for further aid for a period

determined under standards established by the director, and in

no event for less than half of the period that the capital value of

the transferred property would have supplied the person’s

maintenance needs based on his circumstances at the time of his

transfer plus the cost of any needed medical care.”

Cal. (Welf. & Inst.) Code § 14015.

5 The transfer rule is implemented, for the most part, through 22

Cal. Admin. Code §§ 50408, 50409. The first section (§ 50408) states

the general conditions for when the transfer of property will not result

in ineligibility. The rule and the procedure for overcoming the pre-

sumption are then stated in § 50409:

“(a) Transfer of property shall result in ineligibility for Medi-

Cal if the transfer did not meet at least one of the conditions

specified in Section 50408 or the transfer was in return for an

enforceable life care contract which includes complete medical

care.

“(b) Transfer of property without adequate consideration shall

result in ineligibility for Medi-Cal if the transfer was made to

establish eligibility or to reduce the share of cost.

“(1) It shall be presumed that property transferred with-

out adequate consideration was for the purpose of estab-

lishing eligibility or to reduce the share of cost as limited by

(2).

“(2) To overcome the presumption, the applicant or ben-

eficiary has the burden of establishing by objective facts,

60

these regulations, an individual is eligible as medically

needy only if his or her assets are valued at $1500 or less.

22 Cal. Admin. Code § 50420. An individual’s home,

income-producing real property, and certain other assets

are not counted toward the $1500 limitation. 22 Cal.

Admin. Code §§ 50418, 50425-50489. Although this prop-

erty is exempt insofar as determining eligibility, it re-

mains potentially subject to California’s recovery proce-

dures. That is, after the individual dies, California is enti-

tled to recover the cost of medical assistance it provided to

the individual from the assets (including both exempt and

nonexempt property) which are left in the individual's

estate.

Under the regulations which implement the transfer

rule, any transfer of assets (including exempt property)

for less than adequate consideration creates a rebuttable

presumption that the transfer was made for the purpose of

establishing eligibility. Unless the applicant rebuts the

presumption, the state can deny benefits on this basis.

C. Facts

Dawson, who originally filed this action, has died. Two

other individuals, Beltran and Manahan, intervened. Bel-

rather than statement of subjective intent, that this pre-

sumption is not correct. The applicant or beneficiary shall

provide evidence that adequate resources were available at

the time of the transfer of property for support and medical

care considering such things as the applicant’s or benefi-

ciary’s age, health, life expectancy, and ability to under-

stand extent of resources.

“(A) The declaration of another purpose, such as to

avoid probate, by itself, shall not be sufficient to

overcome the presumption. A showing that the sole

purpose of the transfer was for reasons other than to

“establish eligibility or to reduce the share of cost shall

be supported by evidence such as that specified

above.

“(B) The establishment of the fact that the appli-

cant or beneficiary did not have specific knowledge of

the availability or benefits of the Medi-Cal program is

not sufficient to overcome the presumption.”

61

tran, who is 87, lives in an extended care facility. Mana-

han, who is 85, lives in a convalescent home. Both Beltran

and Manahan were medically needy and otherwise qual-

ified to receive Medi-Cal benefits. However, both were

denied benefits based on the fact that they had transferred

assets for less than adequate consideration prior to apply-

ing for Medi-Cal. Neither was able to overcome the pre-

sumption of ineligibility resulting from these transfers.

In their complaint, Beltran and Manahan (referred to as

appellants), on behalf of themselves and others similarly

situated, sought declaratory and injunctive relief in-

validating and enjoining the California transfer rule. In

addition, the appellants sought reimbursement for those

amounts which they had been forced to pay because of the

state’s transfer rule. The district court certified a class

consisting of all those who had been denied Medi-Cal

benefits based on California’s transfer rule.

On May 10, 1979, the district court granted California’s

motion for summary judgment and denied the cross motion

filed by the appellants. The court entered findings of fact

and conclusions of law which held that the state’s transfer

rule did not conflict with the federal statutory and regula-

tory framework, nor did it amount to a denial of due proc-

ess or equal protection. The appellants then brought this

appeal.

II. DISCUSSION

The appellants make five distinct arguments against

California’s transfer rule. They claim that it creates an ir-

$ The district court concluded that it has jurisdiction under 28

U.S.C. § 1343(3) & (4) (civil rights jurisdiction) and under 28 U.S.C.

$1331 (federal question jurisdiction). It is unclear whether jurisdiction

was properly invoked under 28 U.S. § 1343. See Chapman v. Houston

Welfare Rights Orig., 441 U.S. 600, 99 S.Ct. 1905, 60 L.Ed. 2d 508

(1979); Doe v. Klein, 559 F.2d 338 (9th Cir. 1979). Nevertheless, the

amount in controversy exceeds $10,000 and so the district court did

clearly have federal question jurisdiction (28 U.S.C. § 1331). Brown v.

Stanton, F.2d No. 79-1459, slip op. 2 n.1 (7th Cir. 1980); see Chap-

man, supra, 60 L.Ed.2d at 515. Since the appellants filed a timely

notice of appeal from the final judgement, this court has jurisdiction to

consider the appeal under 28 U.S.C. § 1291.

62

rebuttable presumption in violation of the due process

clause. Since the rule only applies to the medically needy,

they contend that it also violates the equal protection

clause. Furthermore, the appellants claim that the trans-

fer rule conflicts with two different sections of the federal

statutes (42 U.S.C. § 1846a(a)(10)(C), 1396a(a)(17)(B), as

well as one section of the federal regulations (42 C.F.R.

§ 435.401). We address the challenges based on the federal

statutes and regulations first because if the appellants’ ar-

guments are correct, we would not need to reach the con-

stitutional issues. Dandridge v. Williams, 397 U.S. 471,

475-476, 25 L.Ed.2d 491, 90 S.Ct. 1153 (1970). Moreover,

in addressing appellants’ arguments, the cardinal principle

of statutory construction must be kept in mind, that is,

statutes should be construed to avoid constitutional ques-

tions. See Swain v. Pressley, 480 U.S. 372, 378 n.11, 97

S.Ct. 1224, 51 L.Ed.2d 411 (1977)

A. 42 U.S.C. § 1396a(a)(10)(C)

Appellants’ primary argument is that the California

transfer rule conflicts with 42 U.S.C. § 1896a (a)(10)(C),

which sequires states providing benefits to the medically

needy to cover “all individuals who would, except for in-

come and resources” be eligible for SSI (and therefore

come under the categorically needy classification), “and

who have insufficient (as determined in accordance with

comparable standards) income and resources to meet the

costs of necessary medical and remedial care and serv-

ices.”? The appellants attribute the following meaning to

7 This statute provides, in part, as follows:

“A state plan for medical assistance must —provide—

“(C) if medical assistance is included for any group of individu-

als who are not described in clause (A) and who do not meet the

income and resources requirements of the appropriate State plan,

or the supplemental security income program under subchapter

XVI of this chapter, as the case may be, as determined in accord-

ance with standards prescribed by the Secretary—

“(i) for making medical assistance available to all indi-

viduals who would, except for income and resources, be eli-

gible for aid or assistance under any such State plan or to

63

§ 1396(a)(10)(C): “except for the definitional distinction

that the medically needy may have higher income and re-

source levels, the states must use the same rules for the

medically needy as for the categorically needy.”

Under the Social Security Act, an SSI applicant whose

assets exceed the eligibility levels may dispose of the ex-

cess assets in order to become eligible for SSI payments.

42 U.S.C. § 1382b(b). This has been administratively in-

terpreted to permit the transfer of the excess assets for

less than adequate consideration or as a gift. Social Secu-

rity Claims Manual § 12507(a). According to the appel-

lants, since transfer rules cannot be appliec to SSI appli-

cants (i.e., the categorically needy), they tnerefore cannot

be applied to the medically needy.

The court below rejected the appellants’ reasoning and

concluded that the California transfer rule did not conflict

with § 1396a(a)(10)(C). The court agreed with the appel-

lants that California could not employ any substantive eli-

gibility requirements on the medically needy which were

more restrictive than those used for the categorically

needy. Nevertheless, the court characterized the transfer

rule as a collateral or procedural eligibility requirement

which was permissible under the Social Security Act.

While we agree with the district court that the California

transfer rule does not conflict with § 1396a(a)(10)(C), we

do not accept the semantic distinction which was relied

upon.

We believe that the California transfer rule is properly

characterized as a substantive eligiblity requirement. It

have paid with respect to them supplemental security in-

come benefits under subchapter XVI of this chapter, and

who have insufficient (as determined in accordance with

comparable standards) income and resources to meet the

costs and services, and

“(ii) that the medical assistance made available to all in-

dividuals not described in clause (A) shall be equal in

amount, duration, and scope;

***(emphasis added to show that portion of the statute which the

appellants rely upon)

42 U.S.C. § 1396a(a) (10).

64

directly applies to the state’s determination of whether an

applicant’s assets exceed the eligibility requirements.

In considering the appellant’s argument, we must first

turn to the language of the statute itself. Obviously, the

face of this statute says nothing about prohibiting transfer

rules such as California’s.®

The portion of the statute with which we are concerned

may be divided into two parts. The first part provides that

the medically needy group includes all who would, except

for their income and resources, be eligible for SSI. The

second part provides that the medically needy group in-

cludes all who have insufficient income and resources, as

determined under comparable standards, to pay for their

medical care.

The first part specifically excepts income and resources

when it equates SSI eligibility to the medically needy eli-

gibility requirements. And so, while this provision does

extend all of the SSI eligibility requirements to the med-

ically needy, it does not do so for those which deal with

the applicant’s income and resources. Were this not the

case, then there would be no distinction between the two

groups. There can be no question but that the California

transfer rule is an eligibility requirement which pertains

to the applicant’s income and resources. It therefore

clearly comes within the exception to the first clause of the

statute.

The second part may be read as requiring that the

evaluation of the applicant’s income and resources be de-

8 At one point, appellants suggest that states can only use require-

ments which are explicitly authorized by the federal statute. We were

unable to find any provision of the statute which said this. In the ab-

sence of some expression by Congress to the contrary, we decline to

read such a prohibition into a statute which is, after all, establishing a

cooperative federal state program. See, New York Department of So-

cial Services v. Dublino, 413 U.S. 405, 98 S.Ct. 2507, 37 L.Ed.2d 688

(1973) (“It will not be presumed that a federal statute was intended to

supersede the exercise of the power of the state unless there is a clear

manifestation of an intention to do so.” 413 U.S. at 413, quoting

Schwartz v. Texas, 344 U.S. 199, 202-208, 73 S.Ct. 232, 97 L.Ed. 231

(1952) ).

65

termined by using comparable standards. Since an SSI ap-

plicant is apparently specifically allowed to transfer assets

in the manner in which is prohibited by the California

transfer rule, we are faced with an inconsistent standard.

Nevertheless, this does not make the California rule

necessarily in conflict with this part of the statute. After

all, the statute only requires the standards to be compar-

able, not identical. Comparable only means that there

must be enough similar characteristics or qualities to make

comparison appropriate. Webster’s Third New Interna-

tional Dictionary, G.& C. Merriam Co. (1976). The other

standards which are used for determining financial eligi-

bility are similar enough to invite comparison. We there-

fore cannot say that the standards used by California to

determine eligibility into the medically needy group (in-

cluding the transfer rule) are not comparable to those

which are used under the SSI program.

In support of their argument, the appellants claim that

HEW, the agency charged with administering the

Medicaid program, has interpreted § 1396a(a)(10)(C) in the

same manner as they would have this court. Apparently,

three different HEW Regional Medical Directors have

written letters stating that state transfer rules are incon-

sistent with § 13896a(a)(10)(C) because they impose more

restrictive eligibility requirements on the medically needy

than on SSI applicants. See Fabula v. Buck, 598 F.2d 869,

873 (4th Cir. 1979). Although this court generally defers to

an administrative agency’s interpretation of the law which

it is charged with administering, we are by no means

bound by the agency’s interpretation. Pacific Coast Med-

ical Enterprises v. Harris, F.2d, slip op. 2516, 2525-2526

(9th Cir., March 28, 1980); Baker v. United States, 613

F.2d 224, 226-227 (9th Cir. 1980).

In the present case, we not only refuse to follow the let-

ter interpretations, but we also refuse to attach any

weight to them. Initially, we are convinced that our in-

terpretation of § 1396a(a)(10)(C) is correct, that is, the

California transfer rule does not conflict with the statute.

This court’s “deference does not extend to agencies’ con-

struction which conflict with statutory directives.” Pacific

66

Coast, supra, slip op. at 2526. While regional adminis-

trators may be writing letters disapproving of state

transfer rules, HEW as a whole has approved California’s

Medi-Cal program (and the transfer rule). By this ap-

proval, and by not taking any action against California be-

cause of the transfer rule, HEW “has in effect expressed

its view that the plan is in compliance with applicable

statutory and regulatory requirements.” Michael Reese

Physicians & Surgeons, S.C. v. Quern, 606 F.2d 7382,

735-736 (7th Cir. 1979). Based on the preceding, not only

do we believe that the letter rulings should not be fol-

lowed, but we also believe that HEW’s general acceptance

of California’s Medi-Cal program supports our interpreta-

tion.

As further support for their argument under § 1396a

(a)(10)(C), the appellants rely upon the subsequent legilsa-

tive history of the Medicaid program. In 1978, as part of

the Medicare-Medicaid Administrative and Reimburse-

ment Reform Act, the Senate Finance Committee pro-

posed an amendment to the Medicaid statute which would

have specifically required states to adopt transfer rules

such as California’s. S. Rep. No. 95-1111, 95th Cong., 2d

Sess., 24-25 (1978). Apparently, relying upon what we

have already concluded was an erroneous agency interpre-

tation of § 1396a(a)(10)(C), the Senate Committee said

that the states were not able to adopt transfer rules under

present law. Jd. We recognize that the pronouncements of

legislative committees as to the meaning of previously

enacted statutes are often afforded considerable defer-

ence. Sioux Tribe of Indians v. United States, 316 U.S.

317, 329-330, 62 S.Ct. 1095, 86 L.Ed. 1501 (1942).

Nevertheless, courts are not bound by such pronounce-

ments and it has been suggested that subsequently ex-

pressed Congressional views should not be relied upon at

all. Mathews v. Weber, 423 U.S. 261, 272 n.7, 96 S.Ct.

549, 46 L.Ed.2d 483 (1976). Since the Senate Committee

was apparently relying upon the erroneous administrative

interpretation, and because we remain convinced that our

interpretation of § 1396a(a)(10)(C) is correct, we choose

67

not to accord any deference to the latter legislative pro-

nouncements.

We conclude that California’s transfer rule does not

conflict with 42 U.S.C. § 1396a(a)(10)(C).

B. 42 U.S.C. § 1396a(a)(17)(B)

The appellants argue that the California transfer rule

violates 42 U.S.C. § 1396a(a)(17)(B).® This section re-

quires states to only consider the income and resources

which are “available” to the applicant in determining eligi-

bility. The California transfer rule assumes the availability

of assets, which, according to the appellants, are no longer

available to the applicant.

® This statute provides in part as follows:

“A state plan for medical assistance must—

“include reasonable standards (which shall be comparable for

all groups and may, in accordance with standards prescribed by

the Secretary, differ with respect to income levels, but only in

the case of applicants or recipients of assistance under the plan

who are not receiving aid or assistance under any plan of the

State approved under subchapter I, X, XIV, or XVI, or part A of

subchapter IV of this chapter, and with respect to whom supple-

mental security income benefits are not being paid under sub-

chapter XVI of this chapter based on the variations between

shelter costs in urban areas and in rural areas) for determining

eligibility for and the extent of medical assistance under the plan

which (A) are consistent with the objectives of this subchapter,

(B) provide for taking into account only such income and re-

sources as are, as determined in accordance with standards pre-

scribed by the Secretary, available to the applicant or recipient

and (in the case of any applicant or recipient who would, except

for income and resources, be eligible for aid or assistance in the

form of money payments under any plan of the State approved

under subchapter I, X, XIV, or XVI, or part A of subchapter IV,

or who have paid with respect to him supplemental security in-

come >enefits under subchapter XVI of this chapter as would not

be disregarded (or set aside for future needs) in determining his

eligibility for such aid, assistance, or benefits...

aK oY?

(emphasis added to show that portion of the statute which the

appellants rely upon)

42 U.S.C. § 1396a(a) (17).

68

The appellants’ argument may be correct under what we

believe is an overly rigid and literal interpretation of the

term “available” under § 1396a(a)(17)(B). We refuse to

interpret this statute as equating available with present

record title. This would be inconsistent with the approach

which is taken under the Medicaid program.

Initially, “we do not lose sight of the [Medicaid] stat-

ute’s strong emphasis upon flexibility in determining eligi-

bility.” Norman, supra, 610 F.2d at 1240. In another con-

text the Supreme Court interpreted § 1396a(a)(17) as

conferring broad discretion on the states to adopt reason-

able standards. Beal v. Doe, 432 U.S. 488, 444, 97 S.Ct.

2366, 53 L.Ed. 464 (1977).!° The California transfer rule

presumes that an asset remains available to an applicant

after the applicant has given it away, or sold it for less

than adequate consideration. We find nothing in the plain

language of this statute which would prohibit such a rule,

nor is there anything in the legislative history which

equates “available” as requiring present record title or

ownership.

To the extent that the regulations address the definition

of “available,” they support our interpretation. Under the

regulations, a state is allowed to examine an applicant’s

income and assets for a six-month prospective period in

determining eligibility. 42 C.F.R. §§ 435.831(a),

435.845(b). Since a state is authorized to consider future

assets, it must follow that it should also be allowed to con-

sider those assets which have been recently disposed of

under circumstances which indicate that the purpose was

to qualify for public medical assistance.

We hold that California’s transfer rule does not conflict

with 42 U.S.C. § 1396a(17)(B).

10 The Supreme Court was considering the extent of medical assist-

ance which the states were required to provide. Beal, supra, 432 U.S.

at 444.

69

C. 42 C.F.R. § 435.401

Appellants also claim that the California transfer rule is

inconsistent with 42 C.F.R. § 435.401.1! This regulation

provides that a state Medicaid agency cannot use require-

ments for determining eligibility for the medically needy

which are “more restrictive” than those used for the

categorically needy. Since the California transfer rule is a

more restrictive requirement, the appellants reason that it

therefore violates § 435.401.

While we agree that the California transfer rule imposes

a more restrictive requirement on the medically needy,

we do not believe that § 435.401 has any bearing on the

validity of financial eligibility requirements such as the

transfer rule.

First of all, if we were to give § 435.401 the broad

reading attributed to it by the appellants, we would be

reading an inconsistency into the federal statutory and

regulatory framework. The Medicaid program is designed

to provide benefits to two differently situated groups. The

medically needy are those individuals who have more

available income and resources than the categorically

11 This regulation provides as follows:

“(a) A medicaid agency may not impose any eligibility require-

ment that is prohibited under title XIX of the Act.

“(b) The agency must base any optional group covered under

subparts B and C of this part on reasonable classifications that do

not result in arbitrary or inequitable treatment of individuals and

groups and that are consistent with the objectives of title XIXX.

“(c) The agency must not use requirements for determining eli-

gibility for optional coverage groups that are-

“(1) For families and children, more restrictive than

those used under the State’s AFDC plan; and

“(2) For aged, blind, and disabled individuals, more re-

strictive than those used under SSI, except for individuals

receiving an optional State supplement as specified in

§ 435.230 or individuals in categories specified by the

agency under § 435.121.”

(emphasis added to show that portion of the regulation which the

appellants rely upon)

42 C.F.R. § 435.401.

70

needy. By definition, different financial requirements

apply to the medically needy than to the categorically

needy. Only when § 435.401 is read as not applying to fi-

nancial requirements, such as the transfer rule, can it be

viewed consistently with the other Medicaid statutes and

regulations.

After all, § 485.401 is merely one of five sections under

the general heading entitled: “Subpart E—General Eligi-

bility Requirements.” There is absolutely no discussion of

financial eligibility requirements in any of the other sec-

tions of this subpart. Instead, the focus of all of the sec-

tions is directed toward much more general concerns, such

as eligibility requirements which are based on citizenship,

alienage, or state residence. In addition, a thorough read-

ing of the statutes and regulations shows that the sections

of Subpart E parallel the subsections of 42 U.S.C.

§ 1396a(b). From this it is apparent that Subpart E (in-

cluding § 435.401) was designed to carry out the statutory

mandate of 42 U.S.C. § 1896a(b) which does not involve

financial eligibility requirements. See, e.g., Pacific Coast,

supra, slip op. at 2526.12 And finally, there are three spe-

cific subparts which cover the financial eligibility require-

ments. Subpart G states the general financial eligibility

requirements, Subpart H states the financial eligibility re-

quirements for the categorically needy, and Subpart I

states the financial eligibility requirements for the medi-

cally needy. These specific and detailed guidelines for fi-

nancial eligibility requirerients must control over the gen-

erai rule of § 435.401.

We conclude that 42 C.F.R. § 435.401 does not apply to

financial eligibility requirernents and therefore there is no

conflict between it and the California transfer rule.

D. Due Process

‘in their opening brief. the appellants claim that the

transfer rule creates a rebuttable presumption in violation

12 In Pacific Coast, supra, this court noted that “[e)xisting regula-

tions must be construed in light of the statutory mandates under which

they issue.” Slip op. at 2526.

71

of the due process. In their reply brief, the appellants call

it an “effectively” irrebuttable presumption. We disagree

with either characterization and find that the transfer rule

creates a rebuttable presumption which is permissible

under the due process clause.

The California transfer rule obviously does not create an

irrebuttable presumption. After all, the regulations ex-

pressly provide that the presumption may be overcome by

evidence that the applicant had adequate resources for

support and medical care at the time of the transfer of

property. 22 Cal. Admin. Code § 50409(b)(2). Such a de-

termination can be based on “such things as the applicant’s

... age, health, life expectancy, and ability to understand

[the] extent of [his or her] resources.” Jd. This would

mean that if a person was in good health at the time of the

transfer, then the presumption might be rebutted because

the person would have no reason to anticipate any large

expenditure for medical care and support.

The appellants argue that it is an “effectively” irrebutt-

able presumption because the applicant is precluded from

relying on his or her subjective intent. According to the

appellants, this excludes the two most likely explanations

for this type of transfer, which are: (1) the applicant was

unaware of Medi-Cal benefits, and/or (2) a desire to avoid

probate. While the state could have considered these sub-

jective considerations, we cannot say that the failure to do

so creates a due process violation. California’s objective

test for determining how the presumption can be over-

come does not create an effectively irrebuttable presump-

tion which might run afoul of the due process clause.

E. Equal Protection

The appellant’s final argument is based on equal protec-

tion grounds. They claim that there is no rational basis for

treating the medically needy any differently from the

categorically needy. According to the appellants, the

medically needy are in the identical situation as the

categorically needy, that is, in need of medical care and

without sufficient income or resources to pay for it. Since

the “transfer of assets” rule only applies to the medically

72

needy, the appellants argue that it violates the equal pro-

tection clause because there is no reasonable basis for the

disparate treatment between the two groups.

We fail to see how the application of the transfer of as-

sets rule to the medically needy group gives rise to even a

colorable constitutional claim under the equal protection

clause.

Initially, we note that the two groups are not identically

situated. By definition, the categorically needy have less

income and resources than the medically needy. Fur-

thermore, Congress has obviously viewed the two groups

differently, or, at least, as not being identically situated.

Why else would Congress have left the decision to provide

benefits to the medically needy entirely up to the indi-

vidual state? It must be remembered that the categori-

cally needy receive benefits regardless of whether a state

adopts a medicaid program under Title XIX. However, the

medically needy only become entitled to benefits if a state

first adopts a program, and, secondly, if the state elects to

include the medically needy group in its benefit program.

In addition, California has a rational basis for its trans-

fer rule. California is confronted with two competing

interests, the protection of a limited public treasury, and

the provision of benefits to those who are in need. The

transfer rule was a reasonable response to these conflict-

ing concerns. Under the rule, benefits are provided to

those individuals who, in fact, have a financial need, and

benefits are denied to the individuals who have artificially

created a need by disposing of assets for less than fair con-

sideration.

We hold that California’s transfer rule is rationally re-

lated to the legitimate government objectives of protect-

ing the public treasury and discouraging intentional im-

poverishment so as to qualify under a public assistance

program. Any disparate treatment resulting from the ap-

plication of the rule is sufficiently rational to be upheld

against appellants’ equal protection challenge. See Dan-

dridge, supra, 397 U.S. at 471; Richardson v. Belcher,

404 U.S. 78, 83-84, 92 S.Ct. 254, 30 L.Ed.2d 231 (1972);

Sims v. Harris, 607 F.2d 1253 (9th Cir. 1979).

=.

73

III. CONCLUSION

In upholding the California’s transfer rule, we recognize

that the majority of the courts which have been faced with

similar challenges have reached the opposite conclusion.

See, e.g., Caldwell v. Blum, F.2d No. 79-7864 (2d Cir.

April 10, 1980); Fabula v. Buck, 598 F.2d 869 (4th Cir.

1979): Udina v. Walsh, 440 F.Supp. 1151 (E.D. Mo. 1977);

Buckner v. Maher, 424 F.Supp. 366 (D. Conn. 1976), aff'd

434 U.S. 898, 98 S.Ct. 290, 54 L.Ed.2d 184; Owens v.

Roberts, 377 F.Supp. 45 (M.D. Fla. 1974); contra,

Rinefierd v. Blum, 412 N.Y.S. 2d 526 (App. Div. 1979);

Lerner v. Division of Family Services, 235 N.W. 2d 478

(Wis. 1975). Nevertheless, for the reasons stated in this

opinion, we are convinced that our analysis of the question

is correct.

AFFIRMED.}%

13 Appellants also ask this court, providing they prevail on this ap-

peal, to grant the full measure of relief requested in their complaint

and provide notice to all classmembers. Because we affirm the district

court, it is unnecessary for us to address the propriety of this request.

74

IN THE UNITED STATES COURT

OF APPEALS

FOR THE NINTH CIRCUIT

ROSSYE DAWSON, INDIVIDUALLY AND ON BEHALF OF ALL

OTHERS SIMILARLY SITUATED, PLAINTIFF-APPELLANT,

US.

BEVERLEE A. MYERS, ET AL.,

DEFENDANTS-APPELLEES.

Before: WRIGHT AND ANDERSON, Circuit Judges, and

SOLOMON,* District Judge.

The panel as constituted in the above case has voted to

deny the petition for rehearing and to reject the sugges-

tion for a rehearing en banc.

The full court has been advised of the suggestion for en

banc rehearing, and no judge of the court has requested a

vote on the suggestion for rehearing en banc. Fed. R.

App. P. 35(b).

The motion of the Secretary of Health-and Human

Services for permission to file an amicus curiae brief is

DENIED.

The petition for rehearing is denied and the suggestion

for a rehearing en banc is rejected.

* The Honorable Gus J. Solomon, Senior United States District

Judge, District of Oregon, sitting by designation.

75

In the Supreme Court of the United States

No. 80-5303

ANTONIA BELTRAN,

PETITIONER

Uv.

BEVERLEE A. MYERS, INDIVIDUALLY AND AS

DIRECTOR, CALIFORNIA STATE DEPARTMENT

OF HEALTH, ET AL.

ON PETITION FOR WRIT OF CERTIORARI to the United

States Court of Appeals for the Ninth Circuit.

On. Consideration of the motion for leave to proceed

herein in forma pauperis and of the petition for writ of

certiorari, it is ordered by this Court that the motion to

proceed in forma pauperis be, and the same is hereby,

granted; and that the petition for writ of certiorari be, and

the same is hereby, granted limited to Question 1 pre-

sented by the petition.

November 3, 1980

wU.S. GOVERNMENT PRINTING OFFICE: 1980 333436 158

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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