Amended in Assembly April 21, 2015

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 tobegin delete amendend deletebegin insert amend, repeal, and addend insert 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 all age-appropriate 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 billbegin delete wouldend deletebegin insert would, commencing July 1, 2016,end insert 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 delete on behalf of the applicant or recipientend delete 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:

begin delete
P2    1

SECTION 1.  

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

3

11265.8.  

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

11(2) If an applicant or recipient has not filed an affidavit with
12the county welfare department, the county shall verify on behalf
13of any applicant or recipient required to provide documentation
14that each child in the assistance unit not required to be enrolled in
15school has received all age-appropriate immunizations by obtaining
16a report from the California Immunization Registry established
17pursuant to Section 120440 of the Health and Safety Code. If the
18registry does not contain records of these immunizations, the
19county shall require the applicant or recipient to provide
20documentation that the immunizations have been performed or
21that it has been medicially determined that an immunization is not
22appropriate within 30 days of the determination of eligibility for
P3    1Medi-Cal benefits under Chapter 7 (commencing with Section
214000), or 45 days for applicants already eligible for benefits under
3Chapter 7 (commencing with Section 14000), or within 45 days
4of a full or financial redetermination of eligibility for aid under
5this chapter. If the county determines that good cause exists for
6not providing the required documentation due to lack of reasonable
7access to immunization services, the period shall be extended by
8an additional 30 days.

9(3) If 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.

end delete
34begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 11265.8 of the end insertbegin insertWelfare and Institutions
35Code
end insert
begin insert is amended to read:end insert

36

11265.8.  

(a) All applicants for aid under this chapter, within
3730 days of the determination of eligibility for Medi-Cal benefits
38under Chapter 7 (commencing with Section 14000), and 45 days
39for applicants already eligible for benefits under Chapter 7
40(commencing with Section 14000), and all recipients of aid under
P4    1this chapter within 45 days of a full or financial redetermination
2of eligibility for aid under this chapter, shall provide documentation
3that all children in the assistance unit not required to be enrolled
4in school have received all age appropriate immunizations, unless
5it has been medically determined that an immunization for a child
6is not appropriate or the applicant or recipient has filed with the
7county welfare department an affidavit that the immunizations are
8contrary to the applicant’s or recipient’s beliefs. If the county
9determines that good cause exists for not providing the required
10documentation due to lack of reasonable access to immunization
11services, the period shall be extended by an additional 30 days. If
12the documentation is not provided within the required time period,
13the needs of all parents or caretaker relatives in the assistance unit
14shall not be considered in determining the grant to the assistance
15unit under Section 11450 until the required documentation is
16provided. The department shall track and maintain information
17concerning the number of sanctions imposed under this section.

18(b) At the time of application and at the next redetermination
19of eligibility for aid under this chapter, all applicants and recipients
20shall be given notice advising them of their obligation to secure
21the immunizations required in subdivision (a). The notice shall
22also contain all of the following:

23(1) The Recommended Childhood Immunization Schedule,
24United States, and the Recommended Immunization Schedule for
25Children Not Immunized on Schedule in the First Year of Life, as
26appropriate, approved by the Advisory Committee on Immunization
27Practices, the American Academy of Pediatrics, and the American
28Academy of Family Physicians.

29(2) A description of how to obtain the immunizations through
30a fee-for-service provider that accepts Medi-Cal, a Medi-Cal
31managed care plan, a county public health clinic, or any other
32source that may be available in the county as appropriate.

33(3) A statement that the applicant or recipient may file an
34affidavit claiming that the immunizations are contrary to the
35applicant’s or recipient’s beliefs.

begin insert

36(c) This section shall become inoperative on July 1, 2016, and,
37as of January 1, 2017, is repealed, unless a later enacted statute,
38that becomes operative on or before January 1, 2017, deletes or
39extends the dates on which it becomes inoperative and is repealed.

end insert
P5    1begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 11265.8 is added to the end insertbegin insertWelfare and Institutions
2Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert11265.8.end insert  

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

11(2) The county shall verify that each child described in
12paragraph (1) has received all age-appropriate immunizations by
13obtaining a report from the California Immunization Registry
14established pursuant to Section 120440 of the Health and Safety
15Code. If the registry does not contain records of these
16immunizations, the county shall require the applicant or recipient
17to provide documentation that the immunizations have been
18performed, unless the applicant or recipient has filed an affidavit
19that the immunizations are contrary to his or her beliefs or has
20supplied documentation that it has been medically determined that
21an immunization is not appropriate. This documentation shall be
22provided within the following time periods:

23(A) Within 30 days of the determination of an applicant’s
24eligibility for Medi-Cal benefits under Chapter 7 (commencing
25with Section 14000).

26(B) Within 45 days for an applicant who is already eligible for
27benefits under Chapter 7 (commencing with Section 14000).

28(C) Within 45 days of a full or financial redetermination of
29eligibility for aid under this chapter.

30(3) If the county determines that good cause exists for not
31providing the required documentation due to lack of reasonable
32access to immunization services, the period shall be extended by
33an additional 30 days.

34(4) If the documentation is not provided within the time periods
35set forth in this section, the needs of all parents or caretaker
36relatives in the assistance unit shall not be considered in
37determining the grant to the assistance unit under Section 11450
38until the required documentation is provided. The department shall
39track and maintain information concerning the number of sanctions
40imposed under this section.

P6    1(b) At the time of application and at the next redetermination
2of eligibility for aid under this chapter, all applicants and
3recipients shall be given notice advising them of their obligation
4to secure the immunizations required in subdivision (a). The notice
5shall also contain all of the following:

6(1) The Recommended Childhood Immunization Schedule,
7United States, and the Recommended Immunization Schedule for
8Children Not Immunized on Schedule in the First Year of Life, as
9appropriate, approved by the Advisory Committee on Immunization
10Practices, the American Academy of Pediatrics, and the American
11Academy of Family Physicians.

12(2) A description of how to obtain the immunizations through
13a fee-for-service provider that accepts Medi-Cal, a Medi-Cal
14managed care plan, a county public health clinic, or any other
15source that may be available in the county as appropriate.

16(3) A statement that the applicant or recipient may file an
17affidavit claiming that the immunizations are contrary to the
18 applicant’s or recipient’s beliefs.

19(c) This section shall become operative on July 1, 2016.

end insert
20

begin deleteSEC. 2.end delete
21begin insertSEC. 3.end insert  

No appropriation pursuant to Section 15200 of the
22Welfare and Institutions Code shall be made for purposes of
23implementing this act.

24

begin deleteSEC. 3.end delete
25begin insertSEC. 4.end insert  

If the Commission on State Mandates determines that
26this act contains costs mandated by the state, reimbursement to
27local agencies and school districts for those costs shall be made
28pursuant to Part 7 (commencing with Section 17500) of Division
294 of Title 2 of the Government Code.



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