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 bill would, commencing July 1, 2016, instead require the applicant
or recipient to provide immunization records only if the countybegin delete obtains a report fromend deletebegin insert first reviewsend insert the California Immunization Registry but is unable to verify that the immunizations have been performed. By requiring counties tobegin delete obtain these reports,end deletebegin insert end insertbegin insertreview the California Immunization Registry,end insert 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:
Section 11265.8 of the Welfare and Institutions
2Code is amended to read:
(a) All applicants for aid under this chapter, within
430 days of the determination of eligibility for Medi-Cal benefits
5under Chapter 7 (commencing with Section 14000), and 45 days
6for applicants already eligible for benefits under Chapter 7
7(commencing with Section 14000), and all recipients of aid under
8this chapter within 45 days of a full or financial redetermination
9of eligibility for aid under this chapter, shall provide documentation
10that all children in the assistance unit not required to be enrolled
11in school have received all age appropriate immunizations, unless
12it has been medically determined that an immunization for a child
13is not appropriate or the applicant or recipient has filed with the
14county welfare department an affidavit that the immunizations are
15contrary to the
applicant’s or recipient’s beliefs. If the county
16determines that good cause exists for not providing the required
17documentation due to lack of reasonable access to immunization
18services, the period shall be extended by an additional 30 days. If
19the documentation is not provided within the required time period,
20the needs of all parents or caretaker relatives in the assistance unit
21shall not be considered in determining the grant to the assistance
P3 1unit under Section 11450 until the required documentation is
2provided. The department shall track and maintain information
3concerning the number of sanctions imposed under this section.
4(b) At the time of application and at the next redetermination
5of eligibility for aid under this chapter, all applicants and recipients
6shall be given notice advising them of their obligation to secure
7the immunizations required in subdivision (a). The notice shall
8also contain all of the following:
9(1) The Recommended Childhood Immunization Schedule,
10United States, and the Recommended Immunization Schedule for
11Children Not Immunized on Schedule in the First Year of Life, as
12appropriate, approved by the Advisory Committee on Immunization
13Practices, the American Academy of Pediatrics, and the American
14Academy of Family Physicians.
15(2) A description of how to obtain the immunizations through
16a fee-for-service provider that accepts Medi-Cal, a Medi-Cal
17managed care plan, a county public health clinic, or any other
18source that may be available in the county as appropriate.
19(3) A statement that the applicant or recipient may file an
20affidavit claiming that the immunizations are contrary to the
21applicant’s or recipient’s beliefs.
22(c) This
section shall become inoperative on July 1, 2016, and,
23as of January 1, 2017, is repealed, unless a later enacted statute,
24that becomes operative on or before January 1, 2017, deletes or
25extends the dates on which it becomes inoperative and is repealed.
Section 11265.8 is added to the Welfare and
27Institutions Code, to read:
(a) (1) All applicants for, and recipients of, aid under
29this chapter shall ensure that all children in the assistance unit not
30required to be enrolled in school have received all age-appropriate
31immunizations, unless it has been medically determined that an
32immunization for a child is not appropriate or the applicant or
33recipient has filed with the county welfare department an affidavit
34that the immunizations are contrary to the applicant’s or recipient’s
35beliefs.
36(2) begin deleteThe end deletebegin insertIn lieu of initially requesting verification of
37age-appropriate immunizations, the end insertcounty
shallbegin insert firstend insert verifybegin delete thatend delete
38begin insert whetherend insert each child described in paragraph (1) has received all
39age-appropriate immunizations bybegin delete obtaining a report fromend delete
40begin insert reviewingend insert the California Immunization Registry established
P4 1pursuant to Section 120440 of the Health and Safety Code. If the
2registry does not contain records of these immunizations, the
3county shall require the applicant or recipient to provide
4documentation that the immunizations have been performed, unless
5the applicant or recipient has filed an affidavit that the
6immunizations are
contrary to his or her beliefs or has supplied
7documentation that it has been medically determined that an
8immunization is not appropriate. This documentation shall be
9provided within the following time periods:
10(A) Within 30 days of the determination of an applicant’s
11eligibility for Medi-Cal benefits under Chapter 7 (commencing
12with Section 14000).
13(B) Within 45 days for an applicant who is already eligible for
14benefits under Chapter 7 (commencing with Section 14000).
15(C) Within 45 days of a full or financial redetermination of
16eligibility for aid under this chapter.
17(3) If the county determines that good cause exists for not
18providing the required documentation due to lack of reasonable
19access to immunization services, the period shall be extended
by
20an additional 30 days.
21(4) If the documentation is not provided within the time periods
22set forth in this section, the needs of all parents or caretaker
23relatives in the assistance unit shall not be considered in
24determining the grant to the assistance unit under Section 11450
25until the required documentation is provided. The department shall
26track and maintain information concerning the number of sanctions
27imposed under this section.
28(b) At the time of application and at the next redetermination
29of eligibility for aid under this chapter, all applicants and recipients
30shall be given notice advising them of their obligation to secure
31the immunizations required in subdivision (a). The notice shall
32also contain all of the following:
33(1) The Recommended Childhood Immunization Schedule,
34United States, and the
Recommended Immunization Schedule for
35Children Not Immunized on Schedule in the First Year of Life, as
36appropriate, approved by the Advisory Committee on Immunization
37Practices, the American Academy of Pediatrics, and the American
38Academy of Family Physicians.
39(2) A description of how to obtain the immunizations through
40a fee-for-service provider that accepts Medi-Cal, a Medi-Cal
P5 1managed care plan, a county public health clinic, or any other
2source that may be available in the county as appropriate.
3(3) A statement that the applicant or recipient may file an
4affidavit claiming that the immunizations are contrary to the
5applicant’s or recipient’s beliefs.
6(c) This section shall become operative on July 1, 2016.
No appropriation pursuant to Section 15200 of the
8Welfare and Institutions Code shall be made for purposes of
9implementing this act.
If the Commission on State Mandates determines that
11this act contains costs mandated by the state, reimbursement to
12local agencies and school districts for those costs shall be made
13pursuant to Part 7 (commencing with Section 17500) of Division
144 of Title 2 of the Government Code.
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