AB 191, as introduced, Bocanegra. CalFresh: categorical eligibility.
Existing law provides for the federal Supplemental Nutrition Assistance Program (SNAP), under which each county distributes nutrition assistance benefits provided by the federal government to eligible households, and the CalWORKs program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. In California, federal nutrition assistance benefits are administered through CalFresh.
Existing law also provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, pursuant to which medical benefits are provided to public assistance recipients and other low-income persons.
Under existing law, the State Department of Social Services is required to develop a program of categorical eligibility under CalFresh for needy households who meet all other SNAP eligibility requirements, in accordance with federal law.
This bill would require the State 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.
Because counties administer CalFresh, this bill would increase county duties by potentially expanding the eligible population, and would thereby impose a state-mandated local program.
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 18901.5 of the Welfare and Institutions
2Code is amended to read:
(a) begin insert(1)end insert The department shall establish a program of
4categorical eligibility for CalFresh in accordance with Section 5(a)
5of the federal Food and Nutrition Act of 2008 (7 U.S.C. Sec.
62014(a)), and implementing regulations, to improve nutrition and
7promote the retention and development of assets and resources for
8needy households who meet all other federal Supplemental
9Nutrition Assistance Program eligibility requirements. Categorical
10eligibility for CalFresh shall also apply to any individual who is
11a member of a household that will be receiving or is eligible to
12receive cash assistance under Part 5 (commencing with Section
1317000), or eligible to receive food assistance under Chapter 10.1
14(commencing
with Section 18930).
15begin insert(2)end insertbegin insert end insertbegin insertThe department, to the extent permitted by federal law, shall end insert
16begin insertwaive the CalFresh gross income test for any individual who is end insert
17begin insertcategorically eligible for CalFresh pursuant to paragraph (1), end insert
18begin insertand who is a member of a household that receives, or is eligible end insert
19begin insertto receive, medical assistance under Chapter 7 (commencing with end insert
20begin insertSection 14000) of Part 3. end insert
21(b) The director shall implement the program established
22pursuant to this section only with the appropriate federal
23authorization and if implementation would not result in the loss
24of federal financial participation.
P3 1(c) Notwithstanding the rulemaking provisions of the
2Administrative Procedure Act (Chapter 3.5 (commencing with
3Section 11340) of Part
1 of Division 3 of Title 2 of the Government
4Code) and Section 10554, until emergency regulations are filed
5with the Secretary of State, the State Department of Social Services
6may implement the changes made by subdivision (a) through
7all-county letters or similar instructions from the director. The
8department shall adopt emergency regulations as necessary to
9implement those amendments on or before January 1, 2010. The
10program established pursuant to this section shall be established
11on or before July 1, 2009, and shall be fully implemented as to
12new applicants for CalFresh on or before January 1, 2010.
13(d) The department shall adopt regulations to implement this
14section. The adoption, amendment, repeal, or readoption of a
15regulation authorized by this section is deemed to address an
16emergency, for purposes of Sections 11346.1 and 11349.6 of the
17Government Code, and the department is hereby exempted for this
18purpose from the requirements of
subdivision (b) of Section
1911346.1 of the Government Code. The emergency regulations shall
20be exempt from review by the Office of Administrative Law. The
21department shall adopt final regulations implementing the program
22authorized by this section on or before July 1, 2010.
If the Commission on State Mandates determines that
24this act contains costs mandated by the state, reimbursement to
25local agencies and school districts for those costs shall be made
26pursuant to Part 7 (commencing with Section 17500) of Division
274 of Title 2 of the Government Code.
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