California Insurance Code 789.9 – (a) In addition to any other reasons that a sale of an …
(a) In addition to any other reasons that a sale of an individual annuity to a senior may violate any provision of law, an annuity shall not be sold to a senior in any of the following circumstances:
(1) The senior’s purpose in purchasing the annuity is to affect Medi-Cal eligibility and either of the following is true:
Terms Used In California Insurance Code 789.9
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Contract: A legal written agreement that becomes binding when signed.
- Spouse: includes "registered domestic partner" as required by §. See California Insurance Code 12.2
- State: means the State of California, unless applied to the different parts of the United States. See California Insurance Code 28
(A) The purchaser’s assets are equal to or less than the community spouse resource allowance established annually by the State Department of Health Services pursuant to the Medi-Cal Act (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code).
(B) The senior would otherwise qualify for Medi-Cal.
(2) The senior’s purpose in purchasing the annuity is to affect Medi-Cal eligibility and, after the purchase of the annuity, the senior or the senior’s spouse would not qualify for Medi-Cal.
(b) In the event that a fixed annuity specified in subdivision (a) is issued to a senior, the issuer shall rescind the contract and refund to the purchaser all premiums, fees, any interest earned under the terms of the contract, and costs paid for the annuity. This remedy shall be in addition to any other remedy that may be available.
(Added by Stats. 2003, Ch. 547, Sec. 2. Effective January 1, 2004.)