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Pettit v. Bontá
Decision
Pettit v Bontá identifies whether the MC program must allow persons in Board and Care residential facilities the ability to apply incurred expenses for personal care services to their SOC. All individuals in licensed Board and Care residential facilities are to be allowed a Standard Personal Care Services Income Deduction of $315. This amount is used instead of the Unavailable Income Deduction for residential care and support as indicated in Title 22, California Code of Regulations. If the Unavailable Income Deductions allows for a lower SOC than the Standard Deduction of $315, then the Unavailable Income Deduction is to be used.
Retroactive
Effective April 1, 2000, clients determined to be entitled to a lower SOC have the option of:
- Having future SOC adjusted; or
- Request reimbursement from the provider(s) for amounts paid or adjustment for amounts obligated.
Note: Clients whose future SOC is zero before an adjustment is applied, must be advised that the only alternative is to seek reimbursement from the provider using the “Share of Cost Medi-Cal Provider Letter” (MC 1054).
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