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Period of Unavailability
Property which is determined to be unavailable:
- Is unavailable beginning the date of receipt by the individual.
- Remains unavailable until the day the individual’s name is removed, or access to the property is restricted.
- The individual must continue to take all necessary steps to separate the property in question.
- The individual has 10 days to provide verification that the necessary steps have been initiated.
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Note: If ownership of the property has been determined by a fair hearing prior to 1/1/90, ownership must not be reestablished.
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Property owned by Native American Indians
The following property is exempt for purposes of determining eligibility for Medi-Cal (MC) for Native American Indians:
- Property (including real property and improvements) that is:
- held in trust, subject to Federal restrictions or otherwise under the supervision of the Secretary of the Interior
- located on a reservation, including any federally recognized Indian tribe’s reservation, pueblo, or colony, former reservations in Oklahoma, Alaska Native regions established by the Alaska Native Claims Settlement Act
- an Indian allotment on or near a reservation as designated and approved by the Bureau of Indian Affairs of the Department of the Interior
- Property located within the most recent boundaries of a prior Federal reservation of any federally recognized Indian tribe not described above.
- Ownership interests in rents, leases, royalties, or usage rights related to natural resources (including extraction of natural resources or harvesting of timber, other plants and plant products, animals, fish and shellfish) resulting from the exercise of federally protected rights.
- Ownership interests in or usage rights to items not covered above that have unique religious, spiritual, traditional, or cultural significance or rights that support subsistence or a traditional lifestyle according to applicable tribal law or custom.
Verification
The exempt status can be verified by a statement on Tribal Council/Government letterhead or by contacting the Bureau of Indian Affairs, Regional Office, in Sacramento at (916) 978-6000.
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