Bill Text: CA SB490 | 2019-2020 | Regular Session | Amended
Bill Title: CalFresh: benefit overissuance.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-10-07 - Chaptered by Secretary of State. Chapter 550, Statutes of 2019. [SB490 Detail]
Download: California-2019-SB490-Amended.html
Amended
IN
Assembly
September 03, 2019 |
Amended
IN
Assembly
July 05, 2019 |
Amended
IN
Senate
April 25, 2019 |
Amended
IN
Senate
March 27, 2019 |
Introduced by Senator Hurtado (Principal coauthor: Assembly Member Mathis) |
February 21, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature to prevent the harm of hunger experienced by low-income elderly or disabled Californians that would result if they were forced to repay CalFresh benefits that were overissued as the result of an administrative error or an inadvertent household error.SEC. 2.
Section 18927 of the Welfare and Institutions Code is amended to read:18927.
(a) Current and future CalFresh benefits shall be reduced in accordance with subdivisions (c) and (d) to recover an overissuance caused by intentional program violation, as defined in subdivision (c) of Section 273.16 of Title 7 of the Code of Federal Regulations, fraud, or inadvertent household error.(1)The overissuance is less than four hundred dollars ($400) or the threshold established pursuant to subdivision (h), whichever is greater.
(2)To the extent permitted by federal law, the former household was receiving Supplemental Security Income benefits at the time the
household stopped receiving CalFresh benefits.
(f)
(g)
(h)(1)No later than January 1, 2019, the department shall finalize an analysis and make a determination as to whether it has adequate information to set a minimum statewide cost-effective threshold for collecting CalFresh overissuances from former CalFresh recipients that are caused by administrative error that is higher than the threshold established by subdivision (e).
(2)Notwithstanding Section 10231.5 of the Government Code, if, upon finalization of the analysis, the department determines that it does not have adequate information to set a minimum statewide cost-effective threshold for collecting CalFresh overissuances, the department shall submit a report to the Legislature within three months of finalizing the analysis detailing the results of the analysis, as well as the data, methodology, and criteria used to reach the conclusions of the analysis. The report shall be submitted in compliance with Section 9795 of the Government Code.
(3)If, at any time, the department determines that there is adequate information to set a statewide minimum cost-effective threshold greater than the threshold set in subdivision (e), that greater threshold shall be included in the state’s claims management
plan submitted for approval by the United States Department of Agriculture (USDA), Food and Nutrition Service (FNS).
(4)The department shall establish a minimum statewide cost-effective threshold for collecting CalFresh overissuances from former CalFresh recipients that are caused by administrative error that is higher than the threshold set in subdivision (e), if a higher minimum cost-effective threshold has been included in the state’s claims management plan and that plan has been approved by the USDA FNS.