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AB-2653 Residential property: transfer of mortgage.(2009-2010)

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Amended  IN  Assembly  April 08, 2010

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Assembly Bill
No. 2653


Introduced  by Saldana Assembly Member Beall

February 19, 2010


An act relating to Medi-Cal. An act to add Section 2937.5 to the Civil Code, relating to mortgages.


LEGISLATIVE COUNSEL'S DIGEST


AB 2653, as amended, Saldana Beall. Medi-Cal: treatment authorization requests. Residential property: transfer of mortgage.
Existing law requires any person transferring the servicing of indebtedness to a different servicing agent to provide written notice to the borrower, as specified.
This bill would provide that when the ownership of a mortgage or deed of trust on residential real property is transferred to another person, that person shall provide, upon request of the borrower, the price paid for the indebtedness. This bill would also provide that these provisions apply to real property purchased on or after January 1, 2005.

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, and pursuant to which, health care services are provided to qualified low-income persons.

Under existing law, one of the utilization controls to which services are subject under the Medi-Cal program is the treatment authorization request (TAR) process, under which approval is required by a department consultant in advance of the rendering of that service, based upon a determination of medical necessity. Existing law requires the department to pursue means to improve and streamline the TAR process.

This bill would state the intent of the Legislature to enact legislation that would implement reforms to the Medi-Cal treatment authorization request process, as specified.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2937.5 is added to the Civil Code, to read:

2937.5.
 (a) Notwithstanding any other provision of law, when the ownership of a mortgage or deed of trust on residential real property is transferred to another person, the subsequent owner, upon request of the borrower, shall provide the price paid for the mortgage or deed of trust.
(b) These provisions would apply to residential real property originally purchased by the borrower on or after January 1, 2005.

SECTION 1.

It is the intent of the Legislature to enact legislation that would implement reforms to the Medi-Cal treatment authorization request process administered by the State Department of Health Care Services in the manner suggested in report number 2009-112 by the Bureau of State Audits, that is due to be released in May 2010.