Fontes

The sole question in this appeal is whether Welfare and Institutions Code section 14009.5 authorizes respondent Department of Health Services to claim reimbursement for Medi-Cal benefits from the estate of a Medi-Cal recipient, when the recipient died after the effective date of the statute, but the benefits were received before the effective date of the statute.

The facts here are not in dispute, Evelyn Fontes received $20,501.01 in Medi-Cal benefits from May 1, 1977, to June 28, 1981, and $3,402.02 in Medi-Cal benefits from June 28, 1981, until her death on November 16, 1981. Then respondent filed a creditor’s claim against the Fontes estate for $23,903.03, the total amount of Medi-Cal benefits received by the decedent. This claim was rejected by appellant executor of the estate and the present action was filed by respondent to enforce that claim. The trial court granted summary judgment in respondent’s favor; this appeal followed.

Section 14009.5 was enacted effective June 28, 1981. (Stats. 1981, ch. 102, § 101, p. 738; amended by Stats. 1981, ch. 1163, § 3, pp. 4654-4655, eff. Oct. 2, 1981.) It created a right in respondent to claim against the estates of Medi-Cal…