Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 376


Introduced by Assembly Member Lopez

February 18, 2015


An act to amend Section 11265.8 of the Welfare and Institutions Code, relating to CalWORKs.

LEGISLATIVE COUNSEL’S DIGEST

AB 376, as amended, Lopez. CalWORKs eligibility: immunizations.

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 block grant program, state, and county funds. Under existing law, all applicants for or recipients of CalWORKs are required to provide documentation that each child in the assistance unit who is not required to be enrolled in school has received allbegin delete age appropriateend deletebegin insert age-appropriateend insert immunizations, unless it has been medically determined that an immunization for the child is not appropriate or the applicant or recipient has filed with the county welfare department an affidavit that the immunizations are contrary to the applicant’s or recipient’s beliefs.

This bill would instead require the applicant or recipient to provide immunization records only if the county obtains a report from the California Immunization Registry but is unable to verifybegin insert on behalf of the applicant or recipientend insert that the immunizations have been performed. By requiring counties to obtain these reports, the bill would impose 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 instead provide that the continuous appropriation would not be made for purposes of implementing the bill.

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:

P2    1

SECTION 1.  

Section 11265.8 of the Welfare and Institutions
2Code
is amended to read:

3

11265.8.  

(a) begin insert(1)end insertbegin insertend insert All applicants for, and recipients of, aid
4under this chapter shall ensure that all children in the assistance
5unit not required to be enrolled in school have received allbegin delete age
6appropriateend delete
begin insert age-appropriateend insert immunizations, unless it has been
7medically determined that an immunization for a child is not
8appropriate or the applicant or recipient has filed with the county
9welfare department an affidavit that the immunizations are contrary
10to the applicant’s or recipient’s beliefs.begin delete Ifend delete

11begin insert(2)end insertbegin insertend insertbegin insertIf an applicant or recipient has not filedend insert an affidavitbegin delete has not
12been filedend delete
with the county welfare department, the county shall
13verifybegin insert on behalf of any applicant or recipient required to provide
14documentationend insert
thatbegin delete the immunizations have been performedend deletebegin insert each
15child in the assistance unit not required to be enrolled in school
16has received all age-appropriate immunizationsend insert
by obtaining a
17report from the California Immunization Registry established
18pursuant to Section 120440 of the Health and Safety Code. If the
19registry does not contain records of these immunizations, the
20county shall require the applicant or recipient to provide
21documentation that the immunizations have been performedbegin delete, or
22are not medically appropriate,end delete
begin insert or that it has been medicially
23determined that an immunization is not appropriateend insert
within 30 days
24of the determination of eligibility for Medi-Cal benefits under
P3    1Chapter 7 (commencing with Section 14000), or 45 days for
2applicants already eligible for benefits under Chapter 7
3(commencing with Section 14000), or within 45 days of a full or
4financial redetermination of eligibility for aid under this chapter.
5If the county determines that good cause exists for not providing
6the required documentation due to lack of reasonable access to
7immunization services, the period shall be extended by an
8additional 30 days.begin delete Ifend delete

9begin insert(3)end insertbegin insertend insertbegin insertIfend insert the documentation is not provided within the required
10time period, the needs of all parents or caretaker relatives in the
11assistance unit shall not be considered in determining the grant to
12the assistance unit under Section 11450 until the required
13documentation is provided. The department shall track and
14maintain information concerning the number of sanctions imposed
15under this section.

16(b) At the time of application and at the next redetermination
17of eligibility for aid under this chapter, all applicants and recipients
18shall be given notice advising them of their obligation to secure
19the immunizations required in subdivision (a). The notice shall
20also contain all of the following:

21(1) The Recommended Childhood Immunization Schedule,
22United States, and the Recommended Immunization Schedule for
23Children Not Immunized on Schedule in the First Year of Life, as
24appropriate, approved by the Advisory Committee on Immunization
25Practices, the American Academy of Pediatrics, and the American
26Academy of Family Physicians.

27(2) A description of how to obtain the immunizations through
28a fee-for-service provider that accepts Medi-Cal, a Medi-Cal
29managed care plan, a county public health clinic, or any other
30source that may be available in the county as appropriate.

31(3) A statement that the applicant or recipient may file an
32affidavit claiming that the immunizations are contrary to the
33applicant’s or recipient’s beliefs.

34

SEC. 2.  

No appropriation pursuant to Section 15200 of the
35Welfare and Institutions Code shall be made for purposes of
36implementing this act.

37

SEC. 3.  

If the Commission on State Mandates determines that
38this act contains costs mandated by the state, reimbursement to
39local agencies and school districts for those costs shall be made
P4    1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



O

    98