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 21, 2015
	AMENDED IN ASSEMBLY  APRIL 6, 2015

INTRODUCED BY   Assembly Member Lopez

                        FEBRUARY 18, 2015

   An act to  amend   amend, repeal, and add
 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 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  would, commencing July 1,
2016,  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 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.
   (2) If an applicant or recipient has not filed an affidavit with
the county welfare department, the county shall verify on behalf of
any applicant or recipient required to provide documentation that
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 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.
   (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. 
   SECTION 1.    Section 11265.8 of the 
Welfare and Institutions Code   is amended to read: 
   11265.8.  (a) All applicants for 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 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 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. 
   (c) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.

   SEC. 2.    Section 11265.8 is added to the  
Welfare and Institutions Code   , 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 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.
   (2) The county shall verify that each child described in paragraph
(1) 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, unless the applicant or recipient
has filed an affidavit that the immunizations are contrary to his or
her beliefs or has supplied documentation that it has been medically
determined that an immunization is not appropriate. This
documentation shall be provided within the following time periods:
   (A) Within 30 days of the determination of an applicant's
eligibility for Medi-Cal benefits under Chapter 7 (commencing with
Section 14000).
   (B) Within 45 days for an applicant who is already eligible for
benefits under Chapter 7 (commencing with Section 14000).
   (C) Within 45 days of a full or financial redetermination of
eligibility for aid under this chapter.
   (3) 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.
   (4) If the documentation is not provided within the time periods
set forth in this section, 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.
   (c) This section shall become operative on July 1, 2016. 
   SEC. 2.   SEC. 3.   No appropriation
pursuant to Section 15200 of the Welfare and Institutions Code shall
be made for purposes of implementing this act.
   SEC. 3.   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.