(a) Notwithstanding any other law, the payment made to a qualified recipient pursuant to this program shall not be considered any of the following:

(1) Taxable income for state tax purposes.

Terms Used In California Health and Safety Code 24217

  • department: means State Department of Health Services. See California Health and Safety Code 20
  • Probate: Proving a will
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23

(2) Income or resources for purposes of determining the eligibility for, or amount of, any benefits or assistance under any state or local means-tested program.

(3) Income or resources in determining the eligibility for, or the amount of, any federal public benefits as provided by the Treatment of Certain Payments in Eugenics Compensation Act (42 U.S.C. § 18501).

(4) Community property for the purpose of determining property rights under the Family Code and Probate Code.

(b) Notwithstanding any other law, the payment made to a qualified recipient pursuant to this program shall not be subject to any of the following:

(1) Enforcement of a money judgment under state law.

(2) A money judgment in favor of the State Department of Health Care Services for any period of time in which federal law or guidance has not been issued by the federal Centers for Medicare and Medicaid Services requiring the department to recover funds from the payments pursuant to this chapter for reimbursement of qualifying Medi-Cal expenditures. Following the death of a qualified recipient, both of the following shall apply as long as the federal law or guidance has not been issued:

(A) The state shall not seek recovery pursuant to § 14009.5 of the Welfare and Institutions Code of any amount of the payment under the state’s Medicaid plan established under Title XIX of the Social Security Act.

(B) The state shall not file a claim for the payment under Section 529A(f) of the Internal Revenue Code.

(3) The collection of owed child support.

(4) The collection of court-ordered restitution, fees, or fines.

(Added by Stats. 2021, Ch. 77, Sec. 21. (AB 137) Effective July 16, 2021.)

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