SB 480, as introduced, Yee. CalWORKs, Medi-Cal, and CalFresh: suspension of benefits.
(1) Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Under existing law, the county is required to periodically redetermine eligibility for CalWORKs benefits. Under existing law, a CalWORKs recipient is required to report to the county, orally or in writing, specified changes that could affect the amount of aid to which the recipient is entitled.
This bill, commencing the later of January 1, 2015, or the date that any necessary federal approvals are obtained, would require that a person who is an inmate of a public institution be suspended as a member of the CalWORKs assistance unit for the duration of his or her incarceration, but would return the person to the assistance unit without reapplying, if he or she is still eligible for CalWORKs benefits upon release. To the extent that the bill would expand eligibility for CalWORKs benefits, the bill would create a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would provide instead that no appropriation would be made for the purpose of implementing the bill
(2) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, and under which qualified low-income persons receive health care benefits. The Medi-Cal program is governed, in part, by federal Medicaid provisions. Existing law suspends the Medi-Cal benefits of an individual under 21 years of age who is an inmate of a public institution for the duration of his or her stay in the public institution or one year, whichever is less.
This bill, commencing the later of January 1, 2015, or the date that any necessary federal approvals are obtained, would make the suspension of benefits provisions applicable to individuals who are 21 years of age or older. By expanding the duties of county welfare departments, this bill would impose a state-mandated local program.
(3) 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. In California, federal nutrition assistance benefits are administered through CalFresh.
This bill, commencing the later of January 1, 2015, or the date that any necessary federal approvals are obtained, would require that a person who is an inmate of a public institution be suspended from receiving CalFresh benefits for the duration of his or her incarceration, but would reinstate the benefits without the person reapplying, if he or she is still eligible for CalFresh benefits upon release. To the extent that the bill would expand eligibility for CalFresh benefits, the bill would create a state-mandated local program.
(4) 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 11327.7 is added to the Welfare and
2Institutions Code, to read:
(a) A person who is an inmate of a public institution
4shall be suspended as a member of the assistance unit for the
5duration of his or her incarceration. The person shall be eligible
6to rejoin the assistance unit without reapplying if he or she is still
7eligible for CalWORKs benefits upon release.
8(b) If an individual is a CalWORKs beneficiary on the date he
9or she becomes an inmate of a public institution, his or her benefits
10shall be suspended effective the date he or she becomes an inmate
11of a public institution. The suspension will end on the date he or
12she is no longer an inmate of a public institution or one year from
13the date he or she becomes an inmate of a public institution,
14whichever is sooner.
15(c) Nothing in this section shall create a state-funded benefit or
16program. CalWORKs benefits shall not be available to inmates of
17public institutions.
18(d) This section shall be implemented only if and to the extent
19allowed by federal law. This section shall be implemented only to
20the extent that any necessary federal approval of state plan
21amendments or other federal approvals are obtained.
22(e) If any part of this section is in conflict with or does not
23comply with federal law, this entire section shall be inoperative.
24(f) This section shall be implemented on January 1, 2015, or
25the date when all necessary federal approvals are obtained,
26whichever is later.
27(g) By January 1, 2015, or the
date when all necessary federal
28approvals are obtained, whichever is later, the department, in
29consultation with the Chief Probation Officers of California and
30the County Welfare Directors Association, shall establish the
31protocols and procedures necessary to implement this section,
32including any needed changes to the protocols and procedures
33previously established to implement Section 14029.5.
34(h) Notwithstanding Chapter 3.5 (commencing with Section
3511340) of Part 1 of Division 3 of Title 2 of the Government Code,
36the department shall implement this section by means of all-county
37letters or similar instructions without taking regulatory action.
38Thereafter, the department shall adopt regulations in accordance
P4 1with the requirements of Chapter 3.5 (commencing with Section
211340) of Part 1 of Division 3 of Title 2 of the Government Code.
Section 14011.10 of the Welfare and Institutions Code
4 is amended to read:
(a) Except as provided in Section 14011.11, benefits
6provided under this chapter to an individualbegin delete under 21 years of ageend delete
7 who is an inmate of a public institution shall be suspended in
8accordance with Section 1396d(a)(28)(A) of Title 42 of the United
9States Code as provided in subdivision (c).
10(b) County welfare departments shall notify the department
11within 10 days of receiving information that an individualbegin delete under on Medi-Cal in the county is or will be an inmate
1221 years of ageend delete
13of a public institution.
14(c) If an individualbegin delete under 21 years of ageend delete
is a Medi-Cal
15beneficiary on the date he or she becomes an inmate of a public
16institution, his or her benefits under this chapter and under Chapter
178 (commencing with Section 14200) shall be suspended effective
18the date he or she becomes an inmate of a public institution. The
19suspension shall end on the date he or she is no longer an inmate
20of a public institution or one year from the date he or she becomes
21an inmate of a public institution, whichever is sooner.
22(d) Nothing in this section shall create a state-funded benefit or
23program. Health care services under this chapter and Chapter 8
24(commencing with Section 14200) shall not be available to inmates
25of public institutions whose Medi-Cal benefits have been suspended
26under this section.
27(e) This section shall be implemented only if and to the extent
28allowed by federal law. This section shall be implemented only to
29
the extent that any necessary federal approval of state plan
30amendments or other federal approvals are obtained.
31(f) If any part of this section is in conflict with or does not
32comply with federal law, this entire section shall bebegin delete inoperableend delete
33begin insert inoperativeend insert.
34(g) This section shall be implementedbegin insert for individuals under 21
35years of ageend insert on January 1, 2010, or the date when all necessary
36federal approvals are obtained, whichever is later.begin insert This section
37shall be implemented for individuals 21 years of age or older
on
38January 1, 2015, or on the date when all necessary federal
39approvals are obtained, whichever is later.end insert
P5 1(h) By January 1, 2010, or the date when all necessary federal
2approvals are obtained, whichever is later, the department, in
3consultation with the Chief Probation Officers of California and
4the County Welfare Directors Association, shall establish the
5protocols and procedures necessary to implement this section,
6including any needed changes to the protocols and procedures
7previously established to implement Section 14029.5.
8(i) Notwithstanding Chapter 3.5 (commencing with Section
911340) of Part 1 of Division 3 of Title 2 of the Government Code,
10the department shall implement this section by means of all-county
11letters or similar instructions without taking regulatory action.
12Thereafter, the department shall adopt regulations in accordance
13with the
requirements of Chapter 3.5 (commencing with Section
1411340) of Part 1 of Division 3 of Title 2 of the Government Code.
Section 18901.45 is added to the Welfare and
16Institutions Code, to read:
(a) Benefits provided under this chapter to an
18individual who is an inmate of a public institution shall be
19suspended. The person shall be eligible to have his or her benefits
20reinstated without reapplying, if he or she is still eligible for
21CalFresh benefits, upon release.
22(b) If an individual is receiving benefits under this chapter on
23the date he or she becomes an inmate of a public institution, his
24or her benefits shall be suspended effective the date he or she
25becomes an inmate of a public institution. The suspension will end
26on the date he or she is no longer an inmate of a public institution
27or one year from the date he or she becomes an inmate of a public
28institution, whichever is sooner.
29(c) Nothing in this section shall create a state-funded benefit or
30program. Benefits under this chapter shall not be available to
31inmates of public institutions.
32(d) This section shall be implemented only if and to the extent
33allowed by federal law. This section shall be implemented only to
34the extent that any necessary federal approval of state plan
35amendments or other federal approvals are obtained.
36(e) If any part of this section is in conflict with or does not
37comply with federal law, this entire section shall be inoperative.
38(f) This section shall be implemented on January 1, 2015, or
39the date when all necessary federal approvals are obtained,
40whichever is later.
P6 1(g) By January 1, 2015, or the date when all necessary federal
2approvals are obtained, whichever is later, the department, in
3consultation with the Chief Probation Officers of California and
4the County Welfare Directors Association, shall establish the
5protocols and procedures necessary to implement this section,
6including any needed changes to the protocols and procedures
7previously established to implement Section 14029.5.
8(h) Notwithstanding Chapter 3.5 (commencing with Section
911340) of Part 1 of Division 3 of Title 2 of the Government Code,
10the department shall implement this section by means of all-county
11letters or similar instructions without taking regulatory action.
12Thereafter, the department shall adopt regulations in accordance
13with the requirements of Chapter 3.5 (commencing with Section
1411340) of Part 1 of Division 3 of Title 2 of the
Government Code.
Notwithstanding Section 15200 of the Welfare and
16Institutions Code, no appropriation shall be made for the purpose
17of implementing this act.
If the Commission on State Mandates determines that
19this act contains costs mandated by the state, reimbursement to
20local agencies and school districts for those costs shall be made
21pursuant to Part 7 (commencing with Section 17500) of Division
224 of Title 2 of the Government Code.
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