BILL ANALYSIS Ó
AB 191
Page 1
Date of Hearing: April 2, 2013
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Mark Stone, Chair
AB 191 (Bocanegra) - As Introduced: January 28, 2013
SUBJECT : CalFresh: categorical eligibility
SUMMARY : Requires the California Department of Social Services
(DSS), 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
benefits under the Medi-Cal program.
EXISTING LAW
1)Establishes the CalFresh program, through which federal
Supplemental Nutrition Assistance Program (SNAP) benefits are
administered and provided to eligible participants.
2)Establishes the CalWORKs program, through which counties
provide cash assistance and support services to eligible
low-income families and individuals.
3)Deems needy households categorically eligibility for CalFresh
provided that the household meets all federal SNAP eligibility
requirements that would make all members of the household
eligible for CalWORKs or other cash aid programs such as
General Assistance or General Relief.
4)Provides that households with an elderly or disabled member or
where all members receive cash aid must only meet a net income
determination test, whereas households without an elderly or
disabled member must meet both gross and net income
eligibility determination tests.
5)Provides that any child who is eligible for federal SNAP
benefits is automatically certified to receive free school
meals without an additional application. 7 U.S.C.
§2020(u)(2)(A).
6)Provides for the Medi-Cal program, administered by the State
Department of Health Care Services, under which medical
benefits are provided to recipients of public assistance and
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other eligible low-income persons.
FISCAL EFFECT : Unknown
BACKGROUND
CalFresh benefits, which are entirely funded by the federal
government through the Supplemental Nutrition Assistance Program
(SNAP), are made available on a monthly basis for food purchase
through an ATM-like electronic benefits transfer (EBT) card.
The United States Department of Agriculture (USDA) sets specific
eligibility requirements for SNAP programs across the United
States, including a gross and net income asset test, work
requirements, and other documentation requirements. The maximum
allowable gross income is 130% of the Federal Poverty Level
(FPL). Households with elderly or disabled members are not
subject to gross income criteria but must have a net monthly
income at or below 100% of the FPL. Other households must meet
both gross and net monthly income tests. Additionally,
resources, such as cash on hand, generally cannot exceed $2,000,
or $3,250 for households in which there is a household member
who has a disability or is 60 years of age or older. CalFresh
is administered locally by county welfare departments, and the
federal, state, and county governments share in the cost of
administration of the program. The monthly average CalFresh
benefit per household is $339 ($151 per person), benefitting
around 1.6 million households in California.
The average monthly enrollment for Medi-Cal is 7.5 million
Californians. According to California Food Policy Advocates
(CFPA), of the 2.5 million Medi-Cal beneficiaries who are
currently eligible for CalFresh, only 1.3 million actually
participate in the program.
Categorical eligibility
Longstanding federal regulations established CalFresh
categorical eligibility based on receipt of cash aid under the
Temporary Assistance to Needy Families (TANF) block grant,
administered in California as CalWORKs. In 1999, the USDA
issued guidance that broadened that option under the 1996
welfare reform law, expanding the option under categorical
eligibility to include receipt of, or eligibility for, services
as well as cash. 7 C.F.R. § 273.2(j)(2). Additionally,
children in families that are eligible for CalFresh benefits are
automatically certified to receive free and reduced meals at
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school.
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|Nationwide, 43 other states have implemented some form of broad-based |
|categorical eligibility. Twenty-seven other states have increased |
|access to SNAP benefits by removing the asset test and raising the |
|gross income limit. |
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Need for this bill
Author's statement:
"Although nutrition is a critical component of health and
wellbeing, many Medi-Cal recipients who are currently
eligible for CalFresh do not participate. To ensure that
low-income households can support healthy living, nutrition
assistance should be offered hand-in-hand with Medi-Cal.
Only half of eligible Californians participate in CalFresh,
in part because of stigma, a burdensome application, or
misinformation regarding eligibility. As Californians
struggle to make ends meet, it is critical that they
receive nutrition assistance."
According to the California Food Policy Advocates:
"Food insecurity continues to be a struggle faced by too
many California families. We must work to continue
implementing strategies that reduce barriers to accessing
nutrition benefits. Many Californians who are eligible
for, but not participating in, CalFresh may be receiving
other public benefits, such as Medi-Cal. Efforts to ensure
that low-income families receive a package of benefits that
includes CalFresh and supports their overall health and
well-being are furthered by improved alignment between
programs."
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COMMENTS :
Recent legislation removed some 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. Still, while statewide and local
efforts have been instrumental in increasing CalFresh
participation rates through outreach and education, barriers to
access-both real and perceived-still exist and contribute to
California's historically low participation rate.
Based on the Department of Social Services Food Stamp Program
Participation and Benefit Issuance Report, over four million
Californians were participating in CalFresh as of January 2013.
However, it has been determined by the US Department of
Agriculture (USDA) that nearly twice as many Californians meet
the federal SNAP eligibility requirements, but are not
participating in CalFresh.
This bill would make households with at least one Medi-Cal
recipient categorically eligible for CalFresh by raising the
CalFresh gross income test for these households 200% FPL. This
will ensure that the current gross income test of 130% FPL does
not prevent high need households with a Medi-Cal recipient who
are otherwise eligible for Calfresh from applying.
RELATED LEGISLATION
AB 1560 (Fuentes) 2012, was identical to this bill. It was held
on the suspense file in Senate Appropriations Committee.
AB 433 (Beall) Chapter 623, Statutes of 2008, established
categorical eligibility for CalFresh benefits for individuals at
or below 130% of the federal poverty level, regardless of the
level of their assets. Initial versions included categorical
eligibility for Medi-Cal beneficiaries as well, but this
language was stripped from the final version of the bill.
AB 2205 (Evans) 2006, would have established categorical
eligibility for CalFresh for recipients of Medi-Cal if they were
eligible for or receiving services from the CalWORKs program.
This bill was vetoed by the governor.
REGISTERED SUPPORT / OPPOSITION :
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Support
AARP
California Catholic Conference of Bishops
California Commission on Aging
California Pan-Ethnic Health Network (CPEHN)
California School Employees Association
Coalition of California Welfare Rights Organizations, Inc.
Laborers' International Union of North America Locals 777 & 792
Lutheran Office of Public Policy - California
National Association of Social Workers, CA Chapter (NASW-CA)
San Diego Hunger Advocacy Network & San Diego Hunger Coalition
The Food Bank of Contra Costa and Solano
Western Center on Law and Poverty
1 individual
Opposition
None on file
Analysis Prepared by : Myesha Jackson / HUM. S. / (916)
319-2089