Dill

Dill v. Mayer

Good Law
129 Cal. Rptr. 323·1976 Cal. App. LEXIS 1491·57 Cal. App. 3d 793
Court of Appeal of CaliforniaApril 28, 1976Civ. No. 2756California2,659 words

Opinion

Lead Opinion

Gargano, J.

The pivotal issue presented in this appeal is concerned with the treatment of a stepfather’s income in fixing the “liability” for a “medically needy family” under the California Medical Assistance Program, commonly known as Medi-Cal. A “liability” under that program, like a “deductible” in a private insurance policy, is that portion of the cost of medical care the medically needy family must first assume before Medi-Cal benefits are obtainable. (Cal. Admin. Code, tit. 22, § 50053.)

Briefly, under the Medi-Cal program, as implemented by chapter 7 of part 3 of division 9 of the Welfare and Institutions Code (§ 14000 et seq.), four separate groups of persons are eligible for Medi-Cal benefits. In the first group are persons who already are receiving or have been found eligible to receive aid under one of the categorical public assistance programs. 1 (Welf. & Inst. Code, § 14005.1.) In the second group are *795 persons who meet all of the conditions of eligibility foraid under one of the categorical public assistance programs but who have not applied for such assistance. (Welf. & Inst. Code, § 14005.2.) The third group includes persons who meet the income and resource…

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