Department of Health Services v. Fontes

Opinion

SCOTT, J.

The sole question in this appeal is whether Welfare and Institutions Code section 14009.5 1 authorizes respondent Department of Health Services to claim reimbursement for Medi-Cal benefits from the estate of a Medi-Cal recipient, when the recipient died after the effective date of the statute, but the benefits were received before the effective date of the statute.

The facts here are not in dispute, Evelyn Fontes received $20,501.01 in Medi-Cal benefits from May 1, 1977, to June 28, 1981, and $3,402.02 in Medi-Cal benefits from June 28, 1981, until her death on November 16,…