Amended in Senate August 31, 2015

Amended in Senate June 19, 2015

Amended in Assembly April 21, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 376

Introduced by Assembly Member Lopez

February 18, 2015

An act to amend, repeal, and add 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 begin insert ensure and end insert 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 begin delete provide immunization records only if the county first reviews the California Immunization Registry but is unable to verify that the immunizations have been performed. By requiring counties to review the California Immunization Registry, the bill would impose a state-mandated local program. end delete begin insert ensure that each child in the assistance unit who is not required to be enrolled in school has received all age-appropriate immunizations. The bill would also authorize the county to review the California Immunization Registry in lieu of initially requesting verification of an immunization before requiring the applicant or recipient to provide documentation that the immunization has been performed. end insert

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.

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

SECTION 1.  

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

11265.8.  

(a) All applicants for aid under this chapter, within
30 days of the determination of eligibility for Medi-Cal benefits
under Chapter 7 (commencing with Section 14000), and 45 days
for applicants already eligible for benefits under Chapter 7
(commencing with Section 14000), and all recipients of aid under
this chapter within 45 days of a full or financial redetermination
of eligibility for aid under this chapter, shall provide documentation
that all children in the assistance unit not required to be enrolled
in school have received all begin delete age appropriate end delete begin insert age-appropriate end insert
immunizations, unless it has been medically determined that an
immunization for a 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. If the county determines that good cause exists for not
providing the required documentation due to lack of reasonable
access to immunization services, the period shall be extended by
an additional 30 days. If the documentation is not provided within
the required time period, the needs of all parents or caretaker
relatives in the assistance unit shall not be considered in
determining the grant to the assistance unit under Section 11450
until the required documentation is provided. The department shall
track and maintain information concerning the number of sanctions
imposed under this section.

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

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

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

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

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

SEC. 2.  

Section 11265.8 is added to the Welfare and
Institutions Code, to read:

11265.8.  

(a) (1) All applicants for, and recipients of, aid under
this chapter shall ensure that all children in the assistance unit not
required to be enrolled in school have received all age-appropriate
immunizations, unless it has been medically determined that an
immunization for a 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.

(2) In lieu of initially requesting verification of age-appropriate
immunizations, the county begin delete shall end delete begin insert may end insert first verify whether each child
described in paragraph (1) has received all age-appropriate
immunizations by reviewing the California Immunization Registry
established pursuant to Section 120440 of the Health and Safety
Code. If the registry does not contain records of these
immunizations, the county shall require the applicant or recipient
to provide documentation that the immunizations have been
performed, unless the applicant or recipient has filed an affidavit
that the immunizations are contrary to his or her beliefs or has
supplied documentation that it has been medically determined that
an immunization is not appropriate. This documentation shall be
provided within the following time periods:

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

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

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

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

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

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

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

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

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

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

SEC. 3.  

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

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SEC. 4.  

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

end delete