Bill Text: CA AB1776 | 2013-2014 | Regular Session | Amended
Bill Title: Public social services: hearings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-23 - In committee: Set, second hearing. Held under submission. [AB1776 Detail]
Download: California-2013-AB1776-Amended.html
BILL NUMBER: AB 1776 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2014
INTRODUCED BY Assembly Member Nazarian
FEBRUARY 18, 2014
An act to amend Section 10952 of, and to add Sections 10968 and
10969 to, the Welfare and Institutions Code, relating to public
social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1776, as amended, Nazarian. Public social services: hearings.
Existing law authorizes an applicant for, or recipient of, public
social services who is dissatisfied with certain actions of the
county welfare department to request a hearing from the state
department administering the social services. Existing law requires
the state department administering the social services to set the
hearing to commence within 30 working days after the request is
filed, and to give written notice to the parties at least 10 days
prior to the hearing. Existing law requires the hearing to be
conducted by an administrative law judge, with an exception, and
authorizes the administrative law judge, under certain circumstances,
to render and adopt final decisions, with which decision the county
director is required to comply and execute.
This bill would authorize a recipient requesting a hearing to
access communications and notices electronically, rather than
receiving those communications by mail, in counties where that
electronic communication is available. The bill would require the
State Department of Social Services and the State Department
of Public Health, Services, in consultation
with recipient advocates and representatives of county human
services departments, the State Department of Health
Care Services, to develop a process for recipients to choose to
receive notices or other communications electronically, and to
establish statewide protocols relating to the failure of electronic
communication to ensure timely receipt of hearing-related
information. The bill would also require the State Department of
Social Services to submit a request to the United States Department
of Agriculture to waive specified federal regulations to allow for
the use of electronic notif ication of scheduled fair
hearings and fair hearing decisions.
This bill would require the county representative to offer the
recipient a conditional withdrawal or notice of action, as specified,
if a hearing concerns a recipient's eligibility for a benefit or
service and the county representative finds that certain acts or
evidence would establish the recipient's eligibility for that benefit
or service or concludes that the county erred. The bill would
require the conditional withdrawal to list the agreed-upon conditions
that the recipient is required to meet, and require the county to
issue any benefits for which the recipient is eligible following the
recipient's meeting of those conditions.
By imposing a higher level of service on counties, this bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10952 of the Welfare and Institutions Code is
amended to read:
10952. The department shall set the hearing to commence within 30
working days after the request is filed and, at least 10 days prior
to the hearing, shall give all parties concerned written notice of
the time and place of the hearing. This notice may be provided to a
recipient electronically if he or she has opted for electronic access
pursuant to Section 10968.
SEC. 2. Section 10968 is added to the Welfare and Institutions
Code, to read:
10968. (a) This section shall be known, and may be cited, as the
State Hearings Efficiency Act of 2014.
(b) A recipient requesting a hearing may, at any time, in writing,
choose to access communications and notices electronically, rather
than receiving those communications by mail, in counties where that
electronic communication is available. If the recipient chooses to
access communications electronically, the recipient shall be informed
in writing of his or her right to opt out of the electronic
communications designation at any time, in accordance with
subdivision (e) and pursuant to federal law.
(c) The State Department of Social Services and the State
Department of Public Health, Services, in
consultation with recipient advocates and representatives of
county human services departments, the State
Department of Health Care Services, shall develop a process by
which recipients may choose to receive electronically notices of
action or other communications relevant to the hearing. In developing
this process, the departments shall ensure that the due process and
privacy rights of all recipients are protected.
(d) A notice or other form of communication shall not be sent
electronically unless that method of communication has been
affirmatively requested by the recipient. A record of the request and
of each notice and communication sent electronically shall be
maintained in the recipient's case file for three years, as required
by Section 10851.
(e) A recipient may, in writing, in person, by telephone, or by
electronic means, opt out of the electronic notices designation. A
request to opt out shall be processed as soon as administratively
possible.
(f) (1) All communications sent or made available electronically
to recipients of aid shall be sent or made available using a secured
server and shall require a password for access. Notices and official
communications relating to a state hearing shall not be sent in the
body of an email or as an attachment to an email.
(2) Each electronic communication or Internet Web site where
electronic communications are accessed shall inform recipients of
their right to opt out of receiving electronic communications at any
time, with instructions for how to do so.
(g) The State Department of Social Services, in
conjunction with the State Department of Public Health,
consultation with the State Department of Health Care Services,
shall implement a system for determining when an electronic
communication has failed, and shall establish statewide protocols
relating to failed electronic communications to ensure timely receipt
of hearing-related information. These protocols, at a minimum, shall
require that the failed communication be mailed to the recipient and
that the electronic communication designation be terminated until it
is again requested by the recipient. A county may establish its own
process for addressing failed electronic communications, if either
department certifies that the process complies with the statewide
protocols established pursuant to subdivision (b).
(h) The State Department of Social Services shall submit a request
to the United States Department of Agriculture to waive Sections
273.15(c)(1) and 273.15(q) of Title 7 of the Code of Federal
Regulations to allow for the use of electronic notification of
scheduled fair hearings and fair hearing decisions.
SEC. 3. Section 10969 is added to the Welfare and Institutions
Code, to read:
10969. (a) If a hearing concerns a recipient's eligibility for a
benefit or service and the county representative finds that certain
acts or evidence would establish the recipient's eligibility for that
benefit or service or concludes that the county erred, the county
representative shall offer the recipient a conditional withdrawal.
The conditional withdrawal shall list the agreed-upon conditions that
the recipient is required to meet, which may include, but are not
limited to, providing specific information. The conditional
withdrawal shall include the requirements that the county reevaluate
the case following the recipient meeting those conditions, and if the
recipient is determined to be eligible for benefits or services, the
county shall issue those benefits or provide those services for
which the recipient is determined to be eligible.
(b) In order to prevent multiple costly filings of state hearings,
if the hearing concerns the validity of a CalWORKs overpayment, a
CalFresh benefit overissuance allegation, or both, and the county
representative does not find evidence adequate to support the
allegation of the validity of the overpayment, overissuance, or both,
then the county representative shall offer the recipient a
conditional withdrawal agreeing both to permanently cancel the
allegation of the that specific
overpayment, overissuance, or both, and to refund to the recipient
any money already collected toward repayment of the alleged
overpayment, overissuance, or both. both, to
the extent permitted by federal law . If the recipient
conditionally withdraws his or her hearing request and both the
recipient and the county sign an agreement, the county shall not
pursue the allegation of that specific overpayment, overissuance, or
both.
(c) In order to avoid reopening a conditionally withdrawn hearing,
the county may issue a notice of action to the recipient describing
its compliance with the terms of the conditional withdrawal. Any aid
paid pending the outcome of the hearing shall continue until the
notice of action complying with the terms of the conditional
withdrawal is issued.
SEC. 4. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
