Bill Text: CA AB376 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: CalWORKs eligibility: immunizations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB376 Detail]

Download: California-2015-AB376-Introduced.html

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BILL NUMBER: AB 376	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lopez

                        FEBRUARY 18, 2015

   An act to amend Section 11265.8 of the Welfare and Institutions
Code, relating to CalWORKs.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 376, as introduced, Lopez. CalWORKs eligibility: immunizations.

   Existing law requires each county to provide cash assistance and
other social services to needy families through the California Work
Opportunity and Responsibility to Kids (CalWORKs) program using
federal Temporary Assistance to Needy Families block grant program,
state, and county funds. Under existing law, all applicants for or
recipients of CalWORKs are required to provide documentation that
each child in the assistance unit who is not required to be enrolled
in school has received all age appropriate immunizations, unless it
has been medically determined that an immunization for the child is
not appropriate or the applicant or recipient has filed with the
county welfare department an affidavit that the immunizations are
contrary to the applicant's or recipient's beliefs.
   This bill would instead require the applicant or recipient to
provide immunization records only if the county obtains a report from
the California Immunization Registry but is unable to verify that
the immunizations have been performed. By requiring counties to
obtain these reports, the bill would impose a state-mandated local
program.
   Existing law continuously appropriates moneys from the General
Fund to defray a portion of county costs under the CalWORKs program.
   This bill would instead provide that the continuous appropriation
would not be made for purposes of implementing the bill.
   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 11265.8 of the Welfare and Institutions Code is
amended to read:
   11265.8.  (a) All applicants for  , and recipients of, 
aid under this chapter  , within 30 days of the determination
of eligibility for Medi-Cal benefits under Chapter 7 (commencing
with Section 14000), and 45 days for applicants already eligible for
benefits under Chapter 7 (commencing with Section 14000), and all
recipients of aid under this chapter within 45 days of a full or
financial redetermination of eligibility for aid under this chapter,
shall provide documentation   shall ensure  that
all children in the assistance unit not required to be enrolled in
school have received all age appropriate immunizations, unless it has
been medically determined that an immunization for a child is not
appropriate or the applicant or recipient has filed with the county
welfare department an affidavit that the immunizations are contrary
to the applicant's or recipient's beliefs.  If an affidavit has
not been filed with the county welfare department, the county shall
verify that the immunizations have been p   erformed by
obtaining a report from the California Immunization Registry
established pursuant to Section 120440 of the Health and Safety Code.
If the registry does not contain records of these immunizations, the
county shall require the applicant or recipient to provide
documentation that the immunizations have been performed, or are not
medically appropriate, within 30 days of the determination of
eligibility for Medi-Cal benefits under   Chapter 7
(commencing with Section 14000), or 45 days for applicants already
eligible for benefits under Chapter 7 (commencing with Section
14000), or within 45 days of a full or financial redetermination of
eligibility for aid under this chapter.  If the county
determines that good cause exists for not providing the required
documentation due to lack of reasonable access to immunization
services, the period shall be extended by an additional 30 days. If
the documentation is not provided within the required time period,
the needs of all parents or caretaker relatives in the assistance
unit shall not be considered in determining the grant to the
assistance unit under Section 11450 until the required documentation
is provided. The department shall track and maintain information
concerning the number of sanctions imposed under this section.
   (b) At the time of application and at the next redetermination of
eligibility for aid under this chapter, all applicants and recipients
shall be given notice advising them of their obligation to secure
the immunizations required in subdivision (a). The notice shall also
contain all of the following:
   (1) The Recommended Childhood Immunization Schedule, United
States, and the Recommended Immunization Schedule for Children Not
Immunized on Schedule in the First Year of Life, as appropriate,
approved by the Advisory Committee on Immunization Practices, the
American Academy of Pediatrics, and the American Academy of Family
Physicians.
   (2) A description of how to obtain the immunizations through a
fee-for-service provider that accepts Medi-Cal, a Medi-Cal managed
care plan, a county public health clinic, or any other source that
may be available in the county as appropriate.
   (3) A statement that the applicant or recipient may file an
affidavit claiming that the immunizations are contrary to the
applicant's or recipient's beliefs.
  SEC. 2.  No appropriation pursuant to Section 15200 of the Welfare
and Institutions Code shall be made for purposes of implementing this
act.
  SEC. 3.  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.