Bill Text: CA SB1339 | 2015-2016 | Regular Session | Chaptered
Bill Title: Public social services: intercounty transfers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-29 - Chaptered by Secretary of State. Chapter 801, Statutes of 2016. [SB1339 Detail]
Download: California-2015-SB1339-Chaptered.html
BILL NUMBER: SB 1339 CHAPTERED
BILL TEXT
CHAPTER 801
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2016
APPROVED BY GOVERNOR SEPTEMBER 29, 2016
PASSED THE SENATE AUGUST 25, 2016
PASSED THE ASSEMBLY AUGUST 22, 2016
AMENDED IN ASSEMBLY AUGUST 19, 2016
AMENDED IN ASSEMBLY AUGUST 1, 2016
AMENDED IN ASSEMBLY JUNE 30, 2016
AMENDED IN ASSEMBLY JUNE 16, 2016
AMENDED IN SENATE MAY 31, 2016
AMENDED IN SENATE APRIL 21, 2016
AMENDED IN SENATE APRIL 11, 2016
AMENDED IN SENATE MARCH 31, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Monning
FEBRUARY 19, 2016
An act to amend and repeal Sections 11052.6, 11053, and 11053.2
of, to amend, repeal, and add Section 11102 of, and to add Section
10003 to, the Welfare and Institutions Code, relating to public
social services.
LEGISLATIVE COUNSEL'S DIGEST
SB 1339, Monning. Public social services: intercounty transfers.
Existing law provides for the California Work Opportunity and
Responsibility to Kids (CalWORKs) program under which, through a
combination of state and county funds and federal funds received
through the Temporary Assistance for Needy Families (TANF) program,
each county provides cash assistance and other benefits to qualified
low-income families.
Existing law establishes the Medi-Cal program, administered by the
State Department of Health Care Services, under which qualified
low-income persons are provided with health care services.
Existing law establishes a statewide program to enable eligible
low-income persons to receive food stamps under the federal
Supplemental Nutrition Assistance Program (SNAP), known in California
as CalFresh. Existing law requires counties to implement the
program, including determining eligibility and distributing CalFresh
benefits. Existing law requires the State Department of Social
Services to establish and implement a process of intercounty transfer
of eligibility for CalFresh benefits, and to take various regulatory
actions.
Existing law requires the county where an applicant of a public
assistance program lives to be responsible for paying for the aid and
requires transfer of the responsibility to pay, when that person
moves to another county, to the 2nd county as soon as
administratively possible, but not later than the first day of the
month following 30 days after notification to the 2nd county.
This bill would instead, commencing June 1, 2017, require the
responsibility for payment of aid to transfer to the 2nd county as
soon as administratively possible, as specified. The bill would
delete provisions relating to the determination of the county of
residence for an aid recipient who has been released or discharged
from a state hospital.
Under existing law, a recipient of aid who is changing residence
from one county to another within the state is required to notify the
county paying aid to the recipient of the move, and to apply for a
redetermination of eligibility within the new county of residence.
Existing law imposes various requirements on the relevant counties,
including requiring the county to which the recipient has moved to
determine the recipient's continued eligibility for payment of aid
and, to the extent possible, the recipient's eligibility for the
Medi-Cal program.
This bill would make inoperative on June 1, 2017, those provisions
relating to the notice and redetermination of aid procedures for
when a recipient of aid changes residence from one county to another
within the state, including the procedures for intercounty transfer
of CalFresh benefits. The bill would instead, commencing June 1,
2017, require the recipient to notify either the county from which he
or she moves or the county to which he or she moves of the change of
residence and, within 7 business days of notice of a new residence,
would require that county to initiate an intercounty transfer for
specified public social service benefits. The bill would require that
the benefits be transferred no later than the first day of the next
available benefit month following 30 days after a county was
notified. The bill would prohibit the new county of residence from
interviewing recipients from another county to determine continued
eligibility for the CalWORKs or CalFresh programs until the next
scheduled recertification or redetermination, and would require case
file documents to be shared electronically between the prior county
of residence and the new county of residence. The bill would require
the State Department of Health Care Services and the State Department
of Social Services to adopt regulations by July 1, 2021. The bill
would require, beginning June 1, 2017, the departments to provide a
status report on the adoption of the regulations to the Legislature
on a semiannual basis. Because this bill would impose additional
duties on counties with regard to the provision of aid, this 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10003 is added to the Welfare and Institutions
Code, to read:
10003. (a) It shall be the responsibility of a recipient of aid
pursuant to this division changing residence from one county to
another to promptly notify either the county from which he or she
moves or the county to which he or she moves of the change of
residence. Recipients of CalWORKs, CalFresh, or Medi-Cal shall have
the option to report a change of residence in person, in writing,
telephonically, or, if the technology is available, electronically
online and shall be advised of these options at the time of
application and redetermination or recertification. Within seven
business days of notice of a new residence, the notified county shall
initiate an intercounty transfer for all benefits under this
division that the recipient is receiving, and benefits shall be
transferred no later than the first day of the next available benefit
month following 30 days after a county was notified pursuant to this
section.
(b) To the greatest extent possible, the intercounty transfer
process shall be simple and client friendly and minimize workload for
county eligibility operations. The process shall ensure the
applicant or recipient does not need to provide copies of documents
that were previously provided to the prior county of residence, and
there is no interruption in benefits.
(c) Case file documents shall be electronically shared between the
prior county of residence and the new county of residence, to the
extent possible, as specified by the relevant state departments.
(d) Notwithstanding Section 11052.5, the new county of residence
shall not interview recipients moving to that county from another
county to determine continued eligibility for CalFresh or CalWORKs
until the next scheduled recertification pursuant to Section 18910.1
or redetermination pursuant to Section 11265. This section shall not
preclude the new county of residence from interviewing CalWORKs
recipients regarding welfare-to-work program participation, which is
not a requirement for an intercounty transfer of CalWORKs
eligibility.
(e) For beneficiaries required to receive services through a
Medi-Cal managed care health plan, the following shall apply:
(1) If the beneficiary moves to another county and is still
enrolled in a managed care health plan in the county from which he or
she moved, the beneficiary shall have continued access to emergency
services and any other coverage the managed care health plan
authorizes out-of-network until the time that the intercounty
transfer process pursuant to subdivision (a) is complete and the
beneficiary is disenrolled from the managed care health plan.
(2) If the beneficiary moves to another county and is still
enrolled in a managed care health plan in the county from which he or
she moved and needs nonemergent care that same month in the new
county, the Medi-Cal Managed Care Ombudsman shall, upon request by
the beneficiary or either county, disenroll the beneficiary as an
expedited disenrollment from his or her managed care health plan.
County-initiated disenrollment using an online form shall be
processed no later than three business days after the request is
made. Beneficiary-initiated disenrollment by telephone shall be
effective no later than two business days after the request is made
when the request is made before 5 p.m. Any beneficiary-initiated
disenrollment request by phone made after 5 p.m. shall be processed
the following business day and be effective no later than two
business days after the request is processed.
(3) A beneficiary who is disenrolled from the managed care health
plan in the county from which he or she moved pursuant to paragraph
(2) shall be entitled to the full scope of benefits for which he or
she is entitled to in the new county through the fee-for-service
delivery system until he or she is enrolled in a managed care health
plan in the new county.
(4) If the beneficiary moves to a county that provides Medi-Cal
services through a county organized health system, the beneficiary
shall be enrolled in that county organized health system plan on the
first day of the following month once the new county of residence is
reflected in the Medi-Cal Eligibility Data System. If a beneficiary
moves to a county without a county organized health system, the usual
health plan choice process shall apply.
(f) Failure to report a move to a different county within the
state in itself shall not constitute a basis for an overpayment.
(g) (1) Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, the
State Department of Health Care Services and the State Department of
Social Services, without taking any further regulatory action, shall
implement, interpret, or make specific this section by means of
all-county letters, plan letters, plan or provider bulletins, or
similar instructions until the time regulations are adopted. The
State Department of Health Care Services and the State Department of
Social Services shall adopt regulations by July 1, 2021, in
accordance with the requirements of Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
(2) Beginning June 1, 2017, and notwithstanding Section 10231.5 of
the Government Code, the State Department of Health Care Services
and the State Department of Social Services shall provide a status
report on the adoption of the regulations to the Legislature on a
semiannual basis, in compliance with Section 9795 of the Government
Code, until regulations have been adopted.
(h) This section shall be implemented only if, and to the extent,
that federal financial participation is available and any necessary
federal approvals have been obtained.
(i) This section shall become operative on June 1, 2017.
SEC. 2. Section 11052.6 of the Welfare and Institutions Code is
amended to read:
11052.6. (a) Notwithstanding any other law, the requirements of
Section 11052.5 shall not apply to any caretaker relative when all of
the following apply:
(1) He or she is an approved relative pursuant to subdivision (d)
of Section 309 caring for a child who is a dependent child of the
court, and is receiving benefits under the CalWORKs program on behalf
of the child.
(2) The caretaker relative is changing residence from one county
to another county and is applying for benefits in the new county on
behalf of one or more related children who are current recipients of
benefits under the CalWORKS Program under Chapter 2 (commencing with
Section 11200) of Part 3.
(3) The caretaker relative is not an applicant for or a recipient
of benefits under the CalWORKS Program.
(b) If the caretaker relative subsequently applies for benefits
under the CalWORKS Program, he or she shall be subject to the
requirements of Section 11052.5 that are applicable to that program.
(c) The county CalWORKs program shall verify that the individual
applying for benefits meets the criteria set forth in this section.
(d) This section shall become inoperative on June 1, 2017, and, as
of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 3. Section 11053 of the Welfare and Institutions Code is
amended to read:
11053. (a) It shall be the responsibility of a recipient changing
residence from one county to another within the state to promptly
notify the county paying aid to the recipient of the move and to
apply for a redetermination of eligibility within the new county of
residence. The first county shall notify the second county of the
recipient's move as soon as the recipient's location in the second
county is known. The county to which the recipient has moved will be
responsible for determining the recipient's continued eligibility for
payment of aid and, to the extent possible, as determined by the
Director of Health Services, eligibility for the Medi-Cal program, as
of the first day of the month following 30 days after the first
county has notified the second county of the recipient's relocation.
The first county shall provide the second county with copies of those
documents, as specified by the department, necessary to establish
current eligibility and grant amount.
(b) This section shall become inoperative on June 1, 2017, and, as
of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 4. Section 11053.2 of the Welfare and Institutions Code is
amended to read:
11053.2. (a) Notwithstanding any other law, the department shall
establish a process of intercounty transfer of eligibility for
CalFresh benefits provided under Chapter 10 (commencing with Section
18900) of Part 6 when a recipient changes residence from one county
to another within the state. The intercounty transfer process shall
facilitate a recipient's move from one county to another without a
break in benefits and without requiring a new application to be
submitted to the new county of residence.
(b) (1) For CalFresh recipients who are receiving CalWORKs
benefits pursuant to Chapter 2 (commencing with Section 11200), the
intercounty transfer process utilized for CalWORKs shall be used.
(2) For CalFresh recipients who are receiving Medi-Cal benefits
pursuant to Chapter 7 (commencing with Section 14000), but are not
receiving CalWORKs benefits pursuant to Chapter 2 (commencing with
Section 11200), the intercounty transfer process utilized for the
Medi-Cal program shall be used.
(3) This subdivision shall be implemented no later than April 1,
2011.
(c) For CalFresh recipients who are not receiving CalWORKs or
Medi-Cal benefits as described in paragraphs (1) and (2) of
subdivision (b), an intercounty transfer process shall be developed,
in consultation with representatives of county human services
departments and advocates for recipients. To the greatest extent
possible, the process shall be simple, client friendly, ensure the
client does not need to provide copies of documents that were
previously provided to the prior county of residence, build on
existing processes for the programs described in paragraphs (1) and
(2) of subdivision (b), and minimize workload for county eligibility
operations. The process developed pursuant to this subdivision shall
be implemented no later than July 1, 2011.
(d) Upon the implementation of the intercounty transfer procedures
set forth in this section, it shall be the responsibility of a
recipient changing residence from one county to another within the
state to notify his or her prior county of residence of his or her
move. The prior county of residence shall notify the new county of
the recipient's move as soon as the recipient's location in the new
county is known. The new county of residence shall be responsible for
determining the recipient's continued eligibility for payment of
CalFresh benefits. To the extent permitted by federal law, the new
county of residence shall not be required to interview persons in the
CalFresh household to determine continued eligibility until the next
scheduled recertification or other regularly scheduled interview.
(e) Notwithstanding the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), the department may implement this section
through all-county letters, or similar instructions from the director
no later than April 1, 2011, with respect to subdivision (b), and no
later than July 1, 2011, with respect to subdivision (c).
(f) The department shall adopt regulations as otherwise necessary
to implement this section no later than July 1, 2012. Emergency
regulations adopted for implementation of this section may be adopted
by the director in accordance with the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code). The adoption of emergency
regulations shall be deemed to be an emergency and necessary for
immediate preservation of the public peace, health and safety, or
general welfare. The emergency regulations shall be exempt from
review by the Office of Administrative Law. The emergency regulations
authorized by this section shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and shall
remain in effect for no more than 180 days.
(g) This section shall become inoperative on June 1, 2017, and, as
of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 5. Section 11102 of the Welfare and Institutions Code is
amended to read:
11102. (a) County residence is not a qualification for aid under
any public assistance program.
(b) County responsibility for making aid payments is determined as
follows:
(1) The county where the applicant lives shall accept the
application and shall be responsible for paying the aid.
(2) Responsibility for payment of aid to any person qualifying for
and receiving aid from any county, who moves to another county in
this state to make his or her home, shall be transferred to the
second county as soon as administratively possible, but not later
than the first day of the month following 30 days after notification
to the second county.
(c) For purposes of public assistance the county in which an
applicant or recipient lives is:
(1) For a patient in a state hospital or institution, voluntary,
nonprofit, or proprietary facility or other public or private
institution, the county from which he or she was admitted.
(2) For a person who has had to leave the county in which he or
she normally lives, solely for the purpose of securing care not
otherwise available to him or her in a medical facility, the county
in which he or she last maintained a living arrangement outside a
medical facility.
(d) This section shall become inoperative on June 1, 2017, and, as
of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 6. Section 11102 is added to the Welfare and Institutions
Code, to read:
11102. (a) County residence is not a qualification for aid under
any public assistance program.
(b) County responsibility for making aid payments is determined as
follows:
(1) The county where the applicant lives shall accept the
application and shall be responsible for paying the aid.
(2) Responsibility for payment of aid to a person qualifying for
and receiving aid from a county, who moves to another county in this
state to make his or her home, shall be transferred to the second
county as soon as administratively possible pursuant to the
requirements set forth in subdivision (a) of Section 10003.
(c) For purposes of public assistance, the county where an
applicant or recipient lives is determined as follows:
(1) For a patient in a state hospital or institution, voluntary,
nonprofit, or proprietary facility, or other public or private
institution, the county where he or she was admitted.
(2) For a person who has had to leave the county where he or she
normally lives, solely for the purpose of securing care not otherwise
available to him or her in a medical facility, the county where he
or she last maintained a living arrangement outside a medical
facility.
(d) This section shall become operative on June 1, 2017.
SEC. 7. No appropriation pursuant to Section 15200 of the Welfare
and Institutions Code shall be made for purposes of implementing this
act.
SEC. 8. 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.
