BILL ANALYSIS �
AB 419
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Date of Hearing: April 2, 2013
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Mark Stone, Chair
AB 419 (Lowenthal) - As Introduced: February 15, 2013
SUBJECT : CalWORKs: eligibility of hospitalized children
SUMMARY : Redefines "temporarily absent" for purposes of
determining CalWORKs eligibility for children who are patients
in public hospitals.
Specifically, this bill :
1)Eliminates the two-month time limit during which a child who
is a patient receiving surgical care in a public hospital can
be considered temporarily absent for purposes of CalWORKs
eligibility.
2)Requires children that are patients receiving surgical care in
public or private hospitals to be considered temporarily
absent from the home for CalWORKs purposes, for the duration
of the hospital stay.
EXISTING LAW
1)Establishes under federal law the Temporary Assistance for
Needy Families (TANF) program to provide welfare-to-work
services to eligible families. In California, TANF funds for
welfare-to-work services are administered through the
California Work Opportunity and Responsibility to Kids
(CalWORKs) program.
2)Establishes the maximum monthly amount of cash aid (maximum
aid payment) that can be provided to a family eligible for aid
under the CalWORKs program.
3)Prohibits a child from receiving CalWORKs aid while he or she
is a patient receiving surgical care at a public hospital for
more than two months.
FISCAL EFFECT : Unknown
BACKGROUND
AB 419
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The California Work Opportunity and Responsibility to Kids
(CalWORKs) program provides monthly income assistance and
employment-related services aimed at moving children out of
poverty and helping families meet basic needs. CalWORKs aid
payments are calculated based on family income and the number of
people in the assistance unit (AU). Payments are not provided
to the family for any member who is not a part of the AU. In
child-only CalWORKs cases, in which there is no aided adult,
children are the only recipients of aid. However, if an adult
parent included in the AU experiences a prolonged hospital stay,
regardless of the type of hospital, the parent is deemed
"temporarily absent" from the household, and aid payments and
services continue to be provided to the whole family.
Similarly, if a child experiences prolonged care in a private
hospital, that child is considered to be temporarily absent, and
aid payments and services continue to be provided to the family
for that child. Under current law, children who are receiving
care in a public hospital are only considered temporarily absent
from the household for up to two months, after which that child
is removed from the AU, and aid payments cease for that child.
If the AU consists of one parent and one child, and the child is
receiving care in a public hospital for more than two months,
aid payments and services are cut off for the whole family.
There are many circumstances that can lead to a prolonged
hospital stay for a child. Children's Hospital of Central
California indicates that there are several children, at any
given time, who have been hospitalized for longer than two
months for conditions such as cancer, consequences of premature
birth, or an automobile accident that necessitates an intense
rehabilitation and recovery period. The Shriners Hospital of
Sacramento also confirms that children experience prolonged
treatment for conditions such as spinal cord injuries, burns and
serious orthopedic diagnoses that require a medical stay for
longer than two months.
Need for the bill
The author states:
"There is no good reason for treating children placed in
public hospitals differently from children placed in
private hospitals. Children who are so ill as to require a
lengthy hospital stay should be treated consistently,
regardless of the type of hospital in which they receive
AB 419
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care. Counties throughout the state of California have
found themselves dealing with family situations in which
the child requires hospitalization for a long period of
time. While situations like this appear to happen
relatively rarely, it is devastating for low-income
families with very ill children to lose their primary
source of subsistence at the very moment they are dealing
with their child's health crisis. This legislation would
ensure equal treatment of families with critically ill
children and not add to their burdens by prematurely
discontinuing their assistance if they are otherwise
eligible to continue receiving it."
Arguments in support
According to the County Welfare Directors Association (CWDA):
"This disparity results in circumstances where a child's
family can become ineligible CalWORKs basic needs
assistance and services at the same time they are dealing
with the illness of their child. While the child likely
remains eligible for Medi-Cal due to their low income, the
loss of the CalWORKs assistance can result in even greater
financial hardship, and even homelessness, for the family.
At a time when an already vulnerable low-income family is
struggling with the illness of a child, they should not be
faced with the loss of the assistance that they are
receiving to maintain their basic needs and a roof over
their heads."
COMMENTS
Families who are experiencing the anxiety emotional hardship
that comes with having a severely ill child undergo intensive
treatment in a hospital should not have to struggle with
additional financial stress and be thrust deeper into poverty
because their child is receiving treatment in a public hospital
instead of a private hospital. With average CalWORKs grant
amounts for a family of three at $467, removal of a child's aid
due to prolonged care in a public hospital can result in a
substantial reduction in the family's grant. There is no policy
or fiscal justification for unequal treatment of ill children
based on the type of hospital in which they receive medical
care.
AB 419
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REGISTERED SUPPORT / OPPOSITION :
Support
County Welfare Directors Association of CA (CWDA) Sponsor
Coalition of California Welfare Rights Organizations, Inc.
(CCWRO)
Monterey County Board of Supervisors
Urban Counties Caucus (UCC)
Western Center on Law and Poverty (WCLP)
Opposition
None on file
Analysis Prepared by : Myesha Jackson / HUM. S. / (916)
319-2089