BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1560
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          Date of Hearing:   April 10, 2012

                        ASSEMBLY COMMITTEE ON HUMAN SERVICES
                                Jim Beall Jr., Chair
                 AB 1560 (Fuentes) - As Introduced:  January 30, 2012
           
          SUBJECT  :  CalFresh:  categorical eligibility

           SUMMARY  :  Requires the Department of Social Services, to the 
          extent permitted by federal law, to waive the CalFresh gross 
          income test for any individual who is categorically eligible for 
          CalFresh and who is a member of a household that receives, or is 
          eligible to receive, medical assistance under the Medi-Cal 
          program.

           EXISTING LAW  

          1)Establishes California's CalFresh program to administer the 
            state's allocation of federal funds under the Supplemental 
            Nutrition Assistance Program (SNAP), formerly called food 
            stamps.  Counties distribute CalFresh benefits to eligible 
            participants. 

          2)Establishes categorical eligibility for the CalFresh program 
            for needy households that meet all other federal SNAP 
            requirements in which all members receive or are eligible to 
            receive cash aid-principally, CalWORKs, general assistance or 
            general relief.

          3)Provides that households without an elderly or disabled member 
            must meet both a gross and net income determination tests, 
            whereas households with an elderly or disabled member or where 
            all members receive cash aid must meet only the net income 
            determination test.

          4)Provides for the Medi-Cal program, administered by the 
            Department of Health Care Services, providing medical benefits 
            to low-income persons.

           FISCAL EFFECT  :  Unknown

          COMMENTS  :  

           Background  :  The California Center for Research on Women and 
          Families cites data showing that, during federal fiscal year 







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          (FFY) 2010, average monthly CalFresh participation was 3.2 
          million individuals.  California's SNAP/CalFresh participation 
          rates have consistently ranked among the lowest in the nation.  
          From 2004 to 2008, CalFresh served approximately one-third of 
          California's eligible working poor and no more than half of all 
          eligible individuals in the state.  From FFY 2002 to 2006, 
          CalFresh served no more than 11% of the state's eligible seniors 
          (individuals 60 years of age and older).  Over 70% of CalFresh 
          households include children, and 75% have female heads of 
          households.  Understanding Nutrition:  Primer Module on CalFresh 
          (October 2011); 
           http://www.ccrwf.org/wp-content/uploads/2011/10/calfresh-module-c
          crwf-nutrition-primer.pdf  .

          CalFresh eligibility is based on several factors including 
          income, disability, age, and citizenship status.  The maximum 
          allowable gross income is 130% of the Federal Poverty Guidelines 
          (FPG).  Households with elderly or disabled members are not 
          subject to gross income criteria but must have a net monthly 
          income at or below the FPG.  Other households must meet both 
          gross and net monthly income tests.  

          Federal law gives states options to improve access to nutrition 
          assistance.  Families authorized to receive any benefit or 
          service funded by the federal Temporary Assistance for Needy 
          Families (TANF) block grant can be deemed "categorically 
          eligible" for SNAP benefits and do not need to make a separate 
          application and meet additional eligibility or paperwork 
          requirements.  While categorical eligibility, or Cat-El, based 
          upon receipt of cash aid was long a feature of federal policy, 
          in 1999 the United States Department of Agriculture (USDA) 
          issued guidance under the 1996 welfare reform law and expanded 
          the scope of the option to include receipt or eligibility for 
          services as well as cash.  7 C.F.R. § 273.2(j)(2).  In addition, 
          once eligible for food stamps, the federal Child Nutrition and 
          WIC Reauthorization Act of 2004 provides that children are 
          automatically certified to receive free school meals.  42 U.S.C. 
          § 1758(b)(2)(C)(i).

          In 2008, California used Cat-El to successfully remove the asset 
          test from CalFresh.  AB 433 (Beall), Chapter 625, Statutes of 
          2008.  Other recent legislation removed additional barriers to 
          CalFresh by, for example, changing from quarterly to semi-annual 
          reporting, and eliminating finger imaging requirements.  AB 6 
          (Fuentes), Chapter 501, Statutes of 2011. 







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           Need for this bill  :  Although nutrition is a critical component 
          of health and wellbeing, the author notes, "not all Medi-Cal 
          recipients receive nutrition assistance through CalFresh.  To 
          ensure that low-income households can support healthy living, 
          nutrition assistance should be offered hand-in-hand with public 
          health coverage."  According to this bill's sponsor, California 
          Food Policy Advocates (CFPA), "İm]any people that receive 
          Medi-Cal are likely eligible for CalFresh but may have 
          misconceptions around their eligibility.  Research shows that 
          some Medi-Cal recipients do not apply for CalFresh because they 
          believe their income is too high, or they won't qualify if they 
          are employed."  

          Under current rules, the general gross income threshold for 
          CalFresh is 130% of FPG.  Presently, Medi-Cal eligibility is not 
          connected with one specific income threshold; thresholds can 
          vary for different applicants.  This bill would allow all 
          Medi-Cal recipients with gross incomes up to 200% FPG to be 
          automatically income-eligible for CalFresh.  Alignment would 
          increase CalFresh participation among current Medi-Cal 
          recipients, and those who are newly eligible for Medi-Cal in 
          2014, when Medi-Cal eligibility will include people with incomes 
          up to 138% of FPG, in addition to select groups that were 
          previously covered (refugees, people with disabilities, seniors, 
          etc.).  According to USDA data provided by CFPA, as of January 
          3, 2012, 43 states have used Cat-El to eliminate the asset test 
          for SNAP eligibility, and 26 of those states have also raised 
          the income threshold for all recipients up to 200% of FPG.  See, 
           http://www.fns.usda.gov/snap/rules/Memo/BBCE.pdf  .

          By raising the income threshold only for Medi-Cal recipients, 
          CFPA notes, the administrative costs of processing the 
          additional cases would be shared between the Medi-Cal and 
          CalFresh programs.  Moreover, with Cat-El for CalFresh for 
          Medi-Cal recipients, caseworkers will no longer need to 
          determine CalFresh income eligibility for these individuals, 
          resulting in less duplication and increased efficiencies.  In 
          addition, parents will no longer need to fill out an application 
          for their children to receive free school meals.

          CPFA also points out that increasing federally funded CalFresh 
          benefits provides an immediate stimulus to the economy.  The 
          USDA has shown that every dollar in SNAP/CalFresh expenditures 
          generates $1.79 in economic activities.







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          In a joint support letter, the California Association of 
          Counties and the County Welfare Directors Association of 
          California say they support the intent of the bill to increase 
          nutritional benefits for low-income households, noting that 
          "İg]ood nutrition and access to food are key components for 
          health, and increasing eligibility for CalFresh may reduce state 
          Medi-Cal costs in the long run."

          In sum, the author concludes: 

               Aligning İMedi-Cal and CalFresh] will help to connect 
               low-income households receiving Medi-Cal to nutrition 
               assistance for healthy living, and directly certify 
               children in those households for free school meals, 
               eliminating excessive paperwork for parents.  This 
               bill will boost CalFresh participation and draw down 
               federal nutrition benefits that will bolster the state 
               economy.  Nationwide, California has the lowest 
               participation rate in nutrition assistance; this bill 
               can help to reverse that trend.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Food Policy Advocates (CFPA) (sponsor)
          AARP
          Alameda County Community Food Bank
          American Federation of State, County and Municipal Employees, 
          AFL-CIO (AFSCME)
          California Association of Food Banks
          California Catholic Conference
          California Commission on Aging 
          California Communities United Institute
          California Family Resource Association 
          California Pan-Ethnic Health Network
          California State Association of Counties 
          California WIC Association
          Catholic Charities of California United
          Central California Regional Obesity Prevention Program
          Coalition of California Welfare Rights Organizations, Inc.
          Congregation Emanu-E1
          County of Los Angeles Board of Supervisors
          County Welfare Directors Association of California 







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          Feeding America
          Four Winds of Indian Education, Inc.
          Hunger Advocacy Network
          Jewish Family Services of San Diego
          Los Angeles County Board of Supervisors
          Prevention Institute
          Saint Anthony Foundation
          St. Joseph's Family Center (Gilroy, CA)
          The San Fernando Valley Interfaith Council 
          The San Francisco Food Security Task Force
          Western Center on Law & Poverty
          3 individuals

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Eric Gelber / HUM. S. / (916) 319-2089