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

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-Amended.html

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BILL NUMBER: AB 376	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2015

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 amended, 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  
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  on
behalf of the applicant or recipient  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)  (1)    All applicants for, and
recipients of, aid under this chapter shall ensure that all children
in the assistance unit not required to be enrolled in school have
received all  age appropriate   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 
    (2)     If an applicant or recipient has
not filed  an affidavit  has not been filed 
with the county welfare department, the county shall verify  on
behalf of any applicant or recipient required to provide
documentation  that  the immunizations have been
performed   each child in the assistance unit not
required to be enrolled in school has received all age-appropriate
immunizations  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,  
or that it has been medicially determined that an immunization is
not 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 
    (3)     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.