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Latino Coalition for a Healthy California v. Belshé
Issue
Latino Coalition for a Healthy California v Belshé identifies whether or not an applicant or client for MC who is in possession of a Border Crossing Card or short-term Visa is to be automatically considered a non-resident of California.
On February 4, 1999, the San Francisco Superior Court ruled that previously issued regulations about California Residency and possession of a current and valid Border Crossing Card or short-term Visa were invalid.
Decision
Possession of a current and valid non-immigrant visa that allows entry into the United States for a period of less than one year is NOT, by itself, evidence that the person possessing such a document is not a resident of California.
The following actions are required as a result of the Latino Coalition v. Belshé settlement agreement:
- A person’s declaration on the “Single Streamlined Application (SSApp)” (CCFRM 604) or on the “Statement of Facts for Cash Aid, CalFresh, and Medi-Cal” (SAWS 2 PLUS), together with evidence of residency must be accepted for purposes of establishing residence, UNLESS THERE IS EVIDENCE TO THE CONTRARY.
- The EW must determine California residency based on the preponderance of evidence (proof of residency/intent to reside) provided by the applicant.
- The EW may determine that a person with a valid Border Crossing Card or short-term Visa is a resident of California if the client provides proof of residency or declares intent to reside in California.
- If the client does not provide proof of residency or declare intent to reside in California, the individual must be denied or discontinued from MC.
Retroactive
The retroactive portion of this claim for Santa Clara County is effective from April 1, 1997 through July 31, 1999.
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