Limitations on SOC adjustments
The chart below describes the limitations for adjusting Hunt vs Kiser SOC. The EW will complete the following Share of Cost (SOC) adjustments and limitations:
MEDI-CAL
To convert existing policy to new webpage – No concept changes.
Any Medi-Cal applicant or beneficiary having medical expenses incurred and unpaid must be allowed to use these medical expenses to reduce any current or future Share of Cost (SOC), if acceptable documentation of the unpaid expense is provided.
Beneficiaries may also save old or current medical bills and apply them toward their SOC in a future month, provided the old medical bills remain unpaid.
Old medical bills are not acceptable if they are fully paid prior to the month of the submission. Only any unpaid portion may be applied toward a SOC adjustment.
Note: An old medical bill may not be accepted if it was paid by the beneficiary in a previous month and then refunded by the provider in the month it is submitted to the eligibility worker (EW).
Additionally, beneficiaries may submit current paid or unpaid medical bills to the EW to be applied toward the SOC.
Previous to the Hunt v. Kizer lawsuit, Medi-Cal (MC) recipients could apply only those medical expenses incurred in the same month toward a particular month's SOC. MC recipients were not allowed to apply medical bills incurred in prior months (old medical bills) toward their SOC for a current month. Nor could they save medical bills from current months to apply them as old, unpaid medical bills toward a future month's SOC. In 1989, the above restrictions were eliminated due to the Hunt v. Kizer lawsuit.
Current Medical Bill
A medical bill which is incurred in the same month for which it will be applied to the beneficiary’s SOC. It may be applied to the SOC whether it is paid or unpaid.
Old Medical Bill (OMB)
A medical bill which was incurred in a month previous to the month for which it will be applied to the SOC.
Month Incurred
A medical bill is incurred on the date that the medical service, procedure or drug is provided. A single service can span more than one month, for example, a continuous hospital stay. If it is necessary to determine what portion of the bill was incurred in each month, divide the total charge by the total number of days covered by the billing period to determine the daily rate. Then multiply the daily rate by the number of days falling in each month.
Unpaid, Old Medical Bill
An unpaid, old medical bill is one that is unpaid at some time in the month in which it is submitted to the EW. If a portion of the old medical bill has been paid, only the unpaid portion may be applied toward the beneficiary's SOC.
Acceptable Medical Bills/Expenses
Acceptable medical bills and expenses are those which are rendered by a state licensed health-care provider.
When a beneficiary wish to adjust expenses for medically related equipment, supplies or drugs which have been prescribed but are available without a prescription, the EW may require a statement from the health care provider if the expense is questionable. The provider’s statement must include:
The old medical bill must be unpaid in the month of submission. A current billing (within the last 90 days) is presumed to be unpaid.
Unacceptable Medical Bills/Expenses
The medical bills or a portion of a medical bill which are unacceptable and cannot be used to meet or reduce a SOC are the ones paid by:
Beneficiaries with Other Health Coverage (OHC)
A beneficiary with Other Health Coverage (OHC) can only reduce the SOC on medical expenses not covered by their insurance. The medical bill must state the amount the beneficiary is obligated to pay. If the amount is unknown, the beneficiary must obtain a statement from the provider/insurer stating the following:
Note: Interest or other finance charges accumulated on unpaid medical bills cannot be used to offset a SOC.
In-Home Supportive Services (IHSS)
Any out-of-pocket expenses for personal care services including IHSS can be used to meet and/or reduce a Medi-Cal SOC under Hunt vs. Kizer regulations. If the out-of-pocket expenses are used to reduce the SOC, it cannot be used as an income deduction for the Medi-Cal budget.
These expenses do not need to be assessed by an IHSS Social Worker as long as the medical plan or prescription for personal care is specific.
Unpaid Bills
The beneficiary must be legally liable for the unpaid bills. This means:
Any portion of the medical bill a third party is liable to pay must be subtracted from the medical bill. In addition, any portion of the medical bill previously used to meet a SOC may not be reapplied to the SOC in a subsequent month.
The beneficiary must provide the EW with verification of the original billing statement before adjusting the SOC. The billing statement must include the following:
Note: An original or any substitute billing statement which has been altered is not acceptable verification unless the bill has been updated by the provider and the provider has signed or initialed the notation.
The SOC adjustment through Hunt vs. Kizer is an administrative way of applying medical bills/expenses toward the beneficiary’s SOC. The EW must review the medical bills submitted by the beneficiary to determine if the bills qualify and meet verification requirements.
Qualified medical bills
Once the EW reviews and determines the medical bill submitted met the eligibility criteria and qualifies for Hunt vs. Kizer, the EW will:
Medical bills – do not qualify
Medical bills that do not qualify or lack necessary verification must be returned to the beneficiary within 10 days of submission to the EW who will:
Follow up on Task.
Limitations on SOC adjustments
The chart below describes the limitations for adjusting Hunt vs Kiser SOC. The EW will complete the following Share of Cost (SOC) adjustments and limitations:
Meeting SOC
Apply an OMB in the month it is submitted unless otherwise indicated by the beneficiary. The old medical expense is used to adjust the SOC to benefit the beneficiary.
Future month(s)
The beneficiary may request the SOC adjustment begin in the future month, however, they does not have the right to request the SOC adjustment start several months in the future. Advise beneficiary to resubmit the bill one month prior to the adjustment month.
Consecutive month(s)
Medical bill(s) submitted which exceeds the beneficiary’s monthly SOC; the SOC adjustment must be continued in consecutive months until the bill(s) are fully used. The beneficiary does not have the right to start and stop the adjustments. The adjustment will only stop if the case changes to:
Past month(s)
Beneficiary can request OMB(s) be applied to a past month if all of the following conditions are met:
Note: Past unmet SOC is not allowable for Hunt vs. Kizer.
Override
CalSAWS does not calculate or evaluate the beneficiary for Hunt vs. Kizer and requires the EW to override the Eligibility Determination/Benefit Calculation (EDBC) results. The EW will complete the following steps in the CalSAWS.
Note: SOC adjustments with more than one month to be applied, the EW will run EDBC through high end date and set a Review Task for the last month of the SOC adjustment. The Task is required to ensure the beneficiary does not receive additional months erroneously.
Notices of Action (NOA's)
A NOA must be sent to the beneficiary notifying them of the approval or denial of the Hunt vs. Kizer determination. As stated previously, the CalSAWS does not determine Hunt vs. Kizer, therefore, a manual NOA must be sent to the beneficiary.
Inter-County Transfer (eICT)
The SOC adjustment must continue for beneficiaries who move to another county. The Sending county must:
The Receiving county will continue the SOC adjustment for the beneficiary per Hunt vs. Kizer rules.
Discontinued cases
A beneficiary may be discontinued before all medical bills have been used to adjust the SOC per the Hunt vs. Kizer rules. The EW is required to include in the discontinuance Journal the remaining balance of any Hunt vs. Kizer adjustments.
Reapplication/Restoration or Rescinded Cases
At Medi-Cal reapplication, restoration, or rescind the EW will:
The beneficiary is not required to provide new verification of the amount still owed, as the required verification was provided prior to the initial adjustment period.
MC 176 M
The following form is available in the CalSAWS Template Repository:
MC 176 M-LTC
The following NOA’s are available in the CalSAWS Template Repository:
Example 1
Beneficiary has a $100.00 SOC and provided/qualified OMB for $1000.00. Override EDBC for 10 months, establishing zero SOC Medi-Cal to high end date.
Example 2
Beneficiary has a $100.00 SOC and provided/qualified medical bill for $850.00. Override EDBC for eight (8) months, establishing zero SOC Medi-Cal to high end date. Set two (2) Review Tasks; one for the ninth (9th) month to adjust the SOC by $50.00 and a second Review Task for the first day of the final month of adjustment to run a regular EDBC for ongoing benefits.
Example 3
Beneficiary has a $100.00 SOC and provided/qualified medical bill for $1000.00. Override EDBC for 10 months, establishing zero SOC Medi-Cal to high end date. Beneficiary is discontinued in the eighth (8th) month for failure to complete annual RE. Beneficiary has two (2) months remaining of the adjusted SOC (remaining balance equals $200.00). Discontinuance Journal entry must include the information regarding the Hunt vs. Kizer remaining balance $200.00 for SOC adjustment.
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Administrative staff may contact Medi-Cal Program at 562-908-3089.
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