BILL ANALYSIS Ó
AB 2346
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6Date of Hearing: May 18, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2346 (Baker) - As Amended March 31, 2016
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|Policy |Human Services |Vote:|6 - 0 |
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY: This bill requires specified position statements
related to state hearings to be made available electronically no
less than two days prior to the date of a hearing.
Specifically, this bill:
1)Requires a public or private agency to make its position
statement available through electronic means.
2)Requires the State Department of Health Care Services (DHCS)
to make its position statement available to the applicant, or
recipient, and the Department of Social Services (DSS) through
electronic means not less than two business days before the
scheduled hearing.
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3)Exempts a public or private agency from making a copy of its
position statement available to an applicant or recipient
through electronic means if the agency submits a report by
December 31 of each year to DSS that includes agency-
identified barriers to doing so and the steps the agency has
taken to address these barriers.)
FISCAL EFFECT:
1)Unknown, but potential costs to counties, not reimbursable, to
make position statements available electronically or to write
a report and submit it to DSS as to why they cannot.
2)Minor and absorbable costs to DSS to annually review any
reports sent by public or private agencies explaining why they
can't make position statements available electronically.
3)No fiscal impact to DSS regarding the development of the
Appeals Case Management System (ACMS) project.
COMMENTS:
1)Purpose. According to the author, "Current law limits the
availability of State hearing documents because the documents
can only be picked up at the county welfare department. The
inability to access hearing documents electronically imposes
additional transportation costs on low-income persons,
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especially those living in rural areas."
While hearings are no longer conducted exclusively in person
and may occur over the phone in some rural counties,
applicants for, or recipients of, public social services must
still drive to the county welfare office to obtain hearing
materials. This bill seeks to address this issue by requiring
public and private agencies to make hearing materials
available electronically to recipients.
2)Background. Existing law allows an applicant or recipient of
public social services to request a state hearing to contest
an action taken by the county that the applicant or recipient
believes is unjust or inappropriate, such as a recipient's
denial of benefits, aid, or services, or denial of an
applicant's program eligibility. Current law and regulations
set forth timeframes for requesting a state hearing and
adjudication of the complaint, in addition to county
requirements to send notices pertaining to the hearing.
DSS annually holds about 100,000 human services hearings
regarding DSS services to claimants. About 10% or 10,000 cases
are held in rural counties. Most rural county hearings are
scheduled as telephone hearings to save DSS money by not
requiring judges to drive to remote areas. While judges are
not required to travel, claimants in these state hearings are
required to go to their county department of social services
in person to get a copy of the County's Statement of Position
in preparation for a hearing.
3)The Appeals Case Management System (ACMS) Project. The ACMS
for state fair hearings is being developed by OSI and
scheduled to be implemented in 2018. The system will integrate
intake, scheduling and reporting of cases. The ACMS will allow
claimants and their authorized representatives, counties,
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departments, respondents to hearings to securely upload and
download documents, such as the Statement of Position. It will
include a portal for individuals to request hearings, check
their hearing/case status and access case information.
The total budget of the project is $18.9 million
(approximately $9.8 million GF) for FY 2014-15 through 1 year
after implementation, FY 2019-20. The cost is allocated
across programs for which DSS holds hearings by share of
workload. Staff notes that when up and running, this system
will be available to individuals to obtain hearing
information, including obtaining electronically, the
information required in this bill. The system will be
available to counties, but they will not be required to use
it.
4)County Options. In the meanwhile, to meet the requirements of
this bill, an agency can implement its own electronic system
using, for example, secure email or a secure website. Or, if
an agency prefers to wait for ACMS, or is not equipped to
implement a secure system, an agency can submit a report to
DSS explaining why it is not able to provide documents
electronically. There is no limit in the bill as to the number
of years an agency may submit a report to DSS. It is unknown
what option any particular public agency will choose and it
will likely vary be county.
Analysis Prepared by:Jennifer Swenson / APPR. / (916)
319-2081
AB 2346
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